[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.
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II. Types of Discharges Covered

    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 

[[Page 50808]]
    definition of ``storm water discharge associated with industrial 
activity'' which addresses point source discharges of storm water from 
eleven major categories of industrial activities. Industrial activities 
from all of these categories with the exception of construction 
activities participated in the group application process. The 
information contained in the group applications indicates that type and 
amount of pollutants discharged in storm water varies from industrial 
activity to industrial activity because of the variety of potential 
pollutant sources present in different industrial activities, as well 
as the variety of pollution prevention measures commonly practiced by 
each of the regulated industries. To facilitate the process of 
developing permit conditions for each of the 1200 group applications 
submitted, EPA classified groups into 29 industrial sectors where the 
nature of industrial activity, type of materials handled and material 
management practices employed were sufficiently similar for the 
purposes of developing permit conditions. Each of the industrial 
sectors were represented by one or more groups which participated in 
the group application process. Table 1 lists each of the industrial 
activities covered by today's permit, and the corresponding sections of 
today's fact sheet and permit which discuss the specific requirements 
for that industry. EPA has further divided some of the 29 sectors into 
subsectors in order to establish more specific and appropriate permit 
conditions, including best management practices and monitoring 
requirements.
    Coverage under today's general permit is available to storm water 
discharges from industrial activities represented by the group 
application process. However, coverage under this permit is not 
restricted to participants in the group application process. To limit 
coverage under this general permit only to those who participated in 
the Group application process would not be appropriate for 
administrative, environmental, and national consistency reasons. The 
administrative burden for EPA to develop separate general permits for 
non-group members would be excessive, unnecessary, and wasteful of tax 
dollars. EPA would also need to use the same information in the 
development of such permits. The permits would be essentially the same. 
The time spent in this process would leave many facilities unregulated 
for some number of additional months. This would not address the 
environmental concerns of the Clean Water Act. Likewise, group members 
are not precluded from seeking coverage under other available storm 
water permits such as EPA's ``baseline'' general permits for Storm 
Water Discharges Associated with Industrial Activity, (57 FR 41175 and 
57 FR 44412). Group members must consider, however, that the deadlines 
for preparing and implementing the pollution prevention plan required 
under the baseline permit have already expired for existing facilities. 
Therefore, group members that seek coverage under the baseline general 
permit must have a pollution prevention plan developed and implemented 
prior to NOI submittal.
    Unlike the baseline general permits, today's permit does not 
exclude all storm water discharges subject to effluent limitation 
guidelines. Four types of storm water discharges subject to effluent 
limitation guidelines may be covered under today's permit if they are 
not already subject to an existing or expired NPDES permit. These 
discharges include contaminated storm water runoff from phosphate 
fertilizer manufacturing facilities, runoff associated with asphalt 
paving or roofing emulsion production, runoff from material storage 
piles at cement manufacturing facilities and coal pile runoff at steam 
electric generating facilities. The permit does not, however, authorize 
all storm water discharges subject to effluent guidelines. Storm water 
discharges subject to effluent guidelines under 40 CFR part 436 or for 
mine drainage under 40 CFR part 440 are not covered under today's 
permit nor are discharges subject to effluent guidelines for acid or 
alkaline mine drainage under 40 CFR part 434.

                        Table 1.--Industrial Activities Covered by Today's General Permit                       
----------------------------------------------------------------------------------------------------------------
                                                   Fact sheet section describing     Permit section describing  
               Industrial activity                      discharges covered              discharges covered      
----------------------------------------------------------------------------------------------------------------
Timber Products Facilities......................  VIII.A........................  XI.A.                         
Paper and Allied Products Manufacturing           VIII.B........................  XI.B.                         
 Facilities.                                                                                                    
Chemical and Allied Products Manufacturing        VIII.C........................  XI.C.                         
 Facilities.                                                                                                    
Asphalt Paving and Roofing Materials              VIII.D........................  XI.D.                         
 Manufacturers and Lubricant Manufacturers.                                                                     
Glass, Clay, Cement, Concrete, and Gypsum         VIII.E........................  XI.E.                         
 Product Manufacturing Facilities.                                                                              
Primary Metals Facilities.......................  VIII.F........................  XI.F.                         
Metal Mining (Ore Mining and Dressing)            VIII.G........................  XI.G.                         
 Facilities.                                                                                                    
Coal Mines and Coal Mining-Related Facilities...  VIII.H........................  XI.H.                         
Oil and Gas Extraction Facilities...............  VIII.I........................  XI.I.                         
Mineral Mining and Processing Facilities........  VIII.J........................  XI.J.                         
Hazardous Waste Treatment, Storage, or Disposal   VIII.K........................  XI.K.                         
 Facilities.                                                                                                    
Landfills and Land Application Sites............  VIII.L........................  XI.L.                         
Automobile Salvage Yards........................  VIII.M........................  XI.M.                         
Scrap and Waste Recycling Facilities............  VIII.N........................  XI.N.                         
Steam Electric Power Generating Facilities,       VIII.O........................  XI.O.                         
 Including Coal Handling Areas.                                                                                 
Vehicle Maintenance or Equipment Cleaning Areas   VIII.P........................  XI.P.                         
 at Motor Freight Transportation Facilities,                                                                    
 Passenger Transportation Facilities, Petroleum                                                                 
 Bulk Oil Stations and Terminals, Rail                                                                          
 Transportation Facilities, and the United                                                                      
 States Postal Service.                                                                                         
Vehicle Maintenance Areas and/or Equipment        VIII.Q........................  XI.Q.                         
 Cleaning Operations at Water Transportation                                                                    
 Facilities.                                                                                                    
Ship and Boat Building or Repairing Yards.......  VIII.R........................  XI.R.                         
Vehicle Maintenance Areas, Equipment Cleaning     VIII.S........................  XI.S.                         
 Areas, or Deicing Area located at Air                                                                          
 Transportation Facilities.                                                                                     
Treatment Works.................................  VIII.T........................  XI.T.                         
Food and Kindred Products Facilities............  VIII.U........................  XI.U.                         
Textile Mills, Apparel, and Other Fabric Product  VIII.V........................  XI.V.                         
 Manufacturing Facilities.                                                                                      
Wood and Metal Furniture and Fixture              VIII.W........................  XI.W.                         
 Manufacturing Facilities.                                                                                      

[[Page 50809]]
                                                                                                                
Printing and Publishing Facilities..............  VIII.X........................  XI.X.                         
Rubber, Miscellaneous Plastic Products, and       VIII.Y........................  XI.Y.                         
 Miscellaneous Manufacturing Industries.                                                                        
Leather Tanning and Finishing Facilities........  VIII.Z........................  XI.Z.                         
Fabricated Metal Products Industry..............  VIII.AA.......................  XI.AA.                        
Facilities That Manufacture Transportation        VIII.AB.......................  XI.AB.                        
 Equipment, Industrial, or Commercial Machinery.                                                                
Facilities That Manufacture Electronic and        VIII.AC.......................  XI.AC.                        
 Electrical Equipment and Components,                                                                           
 Photographic and Optical Goods.                                                                                
----------------------------------------------------------------------------------------------------------------



A. Limitations on Coverage

    Because of the broad scope of today's permit, most industrial 
activities currently regulated under the storm water program could be 
covered by the permit. There are, however, several types of storm water 
discharges which are not covered under today's permit. Storm water 
discharges subject to an existing NPDES permit are not covered under 
today's permit, except facilities which are currently subject to the 
baseline general permit. EPA believes that in most cases these 
discharges are more appropriately covered under terms and conditions of 
their existing permit. These discharges may be covered under today's 
permit only when the existing permit has expired and only when the 
expired permit did not contain numeric effluent limitations more 
stringent than those in today's permit. Owners/operators of facilities 
currently covered under the baseline general permit who wish to obtain 
coverage under today's general permit must submit a Notice of 
Termination (NOT) to terminate coverage under the baseline general 
permit with a Notice of Intent (NOI) to be covered under today's 
permit. Storm water discharges that were subject to an NPDES permit 
that was terminated by the permitting authority are not eligible for 
coverage under today's permit. Construction activities are not eligible 
for coverage under this permit. Storm water discharges that were 
subject to a permit that was terminated as a result of the permittee's 
request are eligible for coverage under today's permit. Storm water 
discharges from industrial activities that are not addressed in the 
appropriate section of Part XI. (see Table 1) of the permit are not 
eligible for coverage under this permit. These types of industrial 
activities were not represented in the group application process. 
Therefore, EPA has no additional information with which to develop 
permit requirements beyond those developed for the baseline general 
permit.
    (1) Storm Water Discharges Subject to New Source Performance 
Standards. Section 306 of the Clean Water Act requires EPA to develop 
performance standards for all new sources described in that section. 
These standards apply to all facilities which go into operation after 
the date the standards are promulgated. Section 511(c) of the Clean 
Water Act requires the Agency to comply with the National Environmental 
Policy Act prior to issuance of a permit under the authority of Section 
402 of the CWA to facilities defined as a new source under Section 306.
    Facilities which are subject to the performance standards for new 
sources as described in this section of the fact sheet must provide EPA 
with an Environmental Information Document pursuant to 40 CFR 6.101 
prior to seeking coverage under this permit. This information shall be 
used by the Agency to evaluate the facility under the requirements of 
the National Environmental Policy Act (NEPA) in an Environmental 
Review. The Agency will make a final decision regarding the direct or 
indirect impact of the discharge. The Agency will follow all 
administrative procedures required in this process. The permittee must 
obtain a copy of the Agency's final finding prior to the submittal of a 
Notice of Intent to be covered by this general permit. In order to 
maintain eligibility, the permittee must implement any mitigation 
required of the facility as a result of the NEPA review process. 
Failure to implement mitigation measures upon which the Agency's NEPA 
finding is based is grounds for termination of permit coverage. In this 
way, EPA has established a procedure which allows for the appropriate 
review procedures to be completed by this Agency prior to the issuance 
of a permit under Section 402 of the CWA to an operator of a facility 
subject to the new source performance standards of Section 306 of the 
CWA. EPA believes that it has fulfilled its requirements under NEPA for 
this federal action under Section 402 of the CWA.
    (2) Historic Preservation. The National Historic Preservation Act 
(NHPA) prohibits Federal actions that would affect a property that 
either is listed on, or is eligible for listing, on the National 
Historic Register. EPA therefore cannot issue NPDES permits to 
discharges that will affect historic properties unless measures will be 
taken such as under a written agreement between the applicant and the 
State Historic Preservation Officer (SHPO) that outlines all measures 
to be undertaken by the applicant to mitigate or prevent adverse 
effects to the historic property. Therefore, under today's permit a 
storm water discharge may be covered only if the discharge will not 
affect a historic property that is listed or is eligible to be listed 
in the National Historic Register, or the operator has obtained and is 
in compliance with a written agreement signed by the State Historic 
Preservation Officer (SHPO) that outlines measures to be taken to 
mitigate or prevent adverse affects to the historic site.
    (3) Endangered Species. The Endangered Species Act (ESA) of 1973 
requires Federal Agencies such as EPA to ensure, in consultation with 
the U.S. Fish and Wildlife Service and the National Marine Fisheries 
Service (the Services) that any actions authorized, funded, or carried 
out by the Agency (e.g., EPA issued NPDES permits authorizing 
discharges to waters of the United States) are not likely to jeopardize 
the continued existence of any federally-listed endangered or 
threatened species or adversely modify or destroy critical habitat of 
such species (see 16 U.S.C. 1536(a)(2), 50 CFR 402 and 40 CFR 
122.49(c)). EPA completed a formal consultation with the Services on 
the action of issuing this permit on April 5, 1995. The terms and 
conditions of this permit reflect the results of that consultation.
    Accordingly, storm water discharges that are likely to adversely 
affect species identified in Addendum H of the permit are not 
authorized permit coverage 

[[Page 50810]]
under this storm water multi-sector industrial general permit. 
Permittees are also not authorized permit coverage if the BMPs they 
plan to construct and operate as a part of the required storm water 
pollution prevention plan are likely to adversely affect a species 
identified in Addendum H.
    To be eligible for coverage under the multi-sector storm water 
permit, applicants are required to review the list of species and their 
locations which are contained in Addendum H of this permit and which 
are described in the instructions for completing the application 
requirements under this permit. If an applicant determines that none of 
the species identified in the addendum are found in the county in which 
the facility is located, then there is no likelihood of an adverse 
affect and they are eligible for permit coverage. Applicants must then 
certify that their discharges, and the construction of storm water 
BMPs, are not likely to adversely affect species and will be granted 
multi-sector storm water permit coverage 48 hours after the date of the 
postmark on the envelope used to mail in the NOI form.
    If species identified in Addendum H are found to be located in the 
same county as the facility seeking storm water permit coverage, then 
the applicant next must determine whether the species are in proximity 
to the storm water discharges at the facility, or any BMPs to be 
constructed to control storm water runoff. A species is in proximity to 
a storm water discharge when the species is located in the path or down 
gradient area through which or over which point source storm water 
flows from industrial activities to the point of discharge into the 
receiving water, and once discharged into the receiving water, in the 
immediate vicinity of, or nearby, the discharge point. A species is 
also in proximity if a species is located in the area of a site where 
storm water BMPs are planned to be constructed. If an applicant 
determines there are no species in proximity to the storm water 
discharge, or the BMPs to be constructed, then there is no likelihood 
of adversely affecting the species and the applicant is eligible for 
permit coverage.
    If species are in proximity to the storm water discharges or areas 
of BMP construction, as long as they have been considered as part of a 
previous ESA authorization of the applicant's activity, and the 
environmental baseline established in that authorization is unchanged, 
the applicant may be covered under the permit. For example, an 
applicant's activity may have been authorized as part of a section 7 
consultation under ESA, covered under a section 10 permit, or have 
received a clearance letter. The environmental baseline generally 
includes the past and present impacts of all federal, state and private 
actions that were contemporaneous to an ESA authorization. Therefore, 
if a permit applicant has received previous authorization and nothing 
has changed or been added to the environmental baseline established in 
the previous authorization, then coverage under this permit will be 
provided.
    In the absence of such previous authorization, if species 
identified in Addendum H are in proximity to the discharges, or the 
construction areas for the BMPs, then the applicant must determine 
whether there is any likely adverse effect upon the species. This is 
done by the applicant conducting a further examination or 
investigation, or an alternative procedure, described in the 
instructions in Addendum H of the permit. If the applicant determines 
there is no likely adverse effect upon the species, then the applicant 
is eligible for permit coverage. If the applicant determines that there 
likely is, or will likely be an adverse effect, then the applicant is 
not eligible for multi-sector storm water permit coverage.
    All dischargers applying for coverage under this permit must 
provide in the application information on the Notice of Intent form: 
(1) a determination as to whether there are any species identified in 
Addendum H in proximity to the storm water discharges and BMPs 
construction areas, and (2) a certification that their storm water 
discharges and the construction of BMPs to control storm water are not 
likely to adversely affect species identified in Addendum H, or are 
otherwise eligible for coverage due to a previous authorization under 
the ESA. Coverage is contingent upon the applicant's providing truthful 
information concerning certification and abiding by any conditions 
imposed by the permit.
    Dischargers who are not able to determine that there will be no 
likely adverse affect to species or habitats and cannot sign the 
certification to gain coverage under this multi-sector storm water 
general permit, must apply to EPA for an individual NPDES storm water 
permit. As appropriate, EPA will conduct ESA Sec. 7 consultation when 
issuing such individual permits.
    Regardless of the above conditions, EPA may require that a 
permittee apply for an individual NPDES permit on the basis of possible 
adverse effects on species or critical habitats. Where there are 
concerns that coverage for a particular discharger is not sufficiently 
protective of listed species, the Services (as well as any other 
interested parties) may petition EPA to require that the discharger 
obtain an individual NPDES permit and conduct an individual section 7 
consultation as appropriate.
    In addition, the Assistant Administrator for Fisheries for the 
National Oceanic and Atmospheric Administration, or his/her authorized 
representative, or the U.S. Fisheries and Wildlife Service (as well as 
any other interested parties) may petition EPA to require that a 
permittee obtain an individual NPDES permit. The permittee is also 
required to make the storm water pollution prevention plan, annual site 
compliance inspection report, or other information available upon 
request to the Assistant Administrator for Fisheries for the National 
Oceanic and Atmospheric Administration, or his/her authorized 
representative, or the U.S. Fisheries and Wildlife Service Regional 
Director, or his/her authorized representative.
    These mechanisms allow for the broadest and most efficient coverage 
for the permittee while still providing for the most efficient 
protection of endangered species. It significantly reduces the number 
of dischargers that must be considered individually and therefore 
allows the Agency and the Services to focus their resources on those 
discharges that are indeed likely to adversely affect water-dependent 
listed species. Straightforward mechanisms such as these allow 
applicants with expedient permit coverage, and eliminates ``permit 
limbo'' for the greatest number of permitted discharges. At the same 
time it is more protective of endangered species because it allows both 
agencies to focus on the real problems, and thus, provide endangered 
species protection in a more expeditious manner.
    (4) Storm Water Discharges Associated with Inactive Mines, 
Landfills, Oil and Gas Operations that Are Located on Federal Lands. 
The permit does not cover storm water discharges associated with 
industrial activity from inactive mines, inactive landfills, and 
inactive oil and gas operations that are located on Federal lands, 
unless an operator of the industrial activity can be identified. These 
discharges are not eligible for coverage under this permit because they 
would more appropriately be covered by the permit currently under 
development by EPA intended specifically to cover these types of 
discharges. 

[[Page 50811]]


III. Pollutants in Storm Water Discharges Associated with Industrial 
Activities in General

    The volume and quality of storm water discharges associated with 
industrial activity will depend on a number of factors, including the 
industrial activities occurring at the facility, the nature of 
precipitation, and the degree of surface imperviousness. A discussion 
of these factors is provided in the proposed general permit (see FR 58 
61146 Nov. 19, 1993).

IV. Summary of Options for Controlling Pollutants

    Pollutants in storm water discharges from industrial plants may be 
reduced using the following methods: eliminating pollution sources, 
implementing Best Management Practices to prevent pollution, using 
traditional storm water management practices, and providing end-of-pipe 
treatment. Each of these is discussed in the proposed general permit 
(see 58 FR 61146, Nov. 19, 1993).

V. The Federal/Municipal Partnership: The Role of Municipal Operators 
of Large and Medium Municipal Separate Storm Sewer Systems

    A key issue in developing a workable regulatory program for 
controlling pollutants in storm water discharges associated with 
industrial activity is the proper use and coordination of limited 
regulatory resources. This is especially important when addressing the 
appropriate role of municipal operators of large and medium municipal 
separate storm sewer systems in the control of pollutants in storm 
water associated with industrial activity which discharge through 
municipal separate storm sewer systems. The proposed general permit 
discussed several key policy factors (see 58 FR 61146).

VI. Summary of Common Permit Conditions

    The following section describes the permit conditions common to 
discharges from all the industrial activities covered by today's 
permit. These conditions were proposed on November 19, 1993 (58 FR 
61146), and reflect the baseline permit requirements established for 
most regulated industries in EPA's General Permits for Storm Water 
Discharges Associated with Industrial Activity [57 FR 41344-41356 
September 9, 1992, and 57 FR 44438-44470 September 25, 1992]. Permit 
requirements which vary from industry to industry are discussed in Part 
VIII of this fact sheet.

A. Notification Requirements

    General permits for storm water discharges associated with 
industrial activity require the submittal of an NOI prior to the 
authorization of such discharges (see 40 CFR 122.28(b)(2)(i), April 2, 
1992 [57 FR 11394]). Consistent with these regulatory requirements, 
today's general permit establishes NOI requirements that operate in 
addition to the part 1 and part 2 group application requirements. To be 
covered under this permit, facilities, including members of an approved 
group, must submit an NOI and other required information within 90 days 
of the effective date of this permit. The NOI form is found in Addendum 
B.
1. Contents of NOIs
    a. The operator's name, address, telephone number, and status as 
Federal, State, private, public, or other entity.
    b. Street address of the facility for which the notification is 
submitted. Where a street address for the site is not available, the 
location can be described in terms of the latitude and longitude of the 
facility to the nearest 15 seconds, or the quarter, section, township, 
and range (to the nearest quarter section) of the approximate center of 
the site.
    c. An indication of whether the facility is located on Federal 
Indian Reservations.
    d. Up to four 4-digit Standard Industrial Classification (SIC) 
codes that best represent the principal products or activities provided 
by the facility. For hazardous waste treatment, storage, or disposal 
facilities, land disposal facilities that receive or have received any 
industrial waste, steam electric power generating facilities, or 
treatment works treating domestic sewage, a 2-character code must be 
provided.
    e. The permit number of any NPDES permit for any discharge 
(including non-storm water discharges) from the site that is currently 
authorized by an NPDES permit.
    f. The name of the receiving water(s), or if the discharge is 
through a municipal separate storm sewer, the name of the municipal 
operator of the storm sewer and the receiving water(s) for the 
discharge through the municipal separate storm sewer.
    g. The analytical monitoring status of the facility (monitoring or 
not).
    h. For a co-permittee, if a storm water general permit number has 
been issued, it should be included.
    i. A certification that the operator of the facility has read and 
understands the eligibility requirements for the permit and that the 
operator believes the facility to be in compliance with those 
requirements.
    j. Identify type of permit requested (either baseline general, 
multi-sector, or construction); longitude and latitude; indication of 
presence of endangered species; indication of historic preservation 
agreement; signed certification stating compliance with the National 
Historic Preservation Act, Endangered Species Act, and the new source 
performance standard requirements.
    k. For any facility that begins to discharge storm water associated 
with industrial activity after [insert date 270 days after permit 
finalization], a certification that a storm water pollution prevention 
plan has been prepared for the facility in accordance with Part IV of 
this permit. (A copy of the plan should not be included with the NOI 
submission.)
    An NOI form is provided in Addendum B. The NOI must be signed in 
accordance with the signatory requirements of 40 CFR 122.22. A complete 
description of these signatory requirements is provided in the 
instructions accompanying the NOI. Completed NOI forms must be 
submitted to the Storm Water Notice of Intent (4203), 401 M Street SW., 
Washington, DC 20460.
2. Deadlines
    Except for the special circumstances discussed below, dischargers 
who intend to obtain coverage under this permit for a storm water 
discharge from an industrial activity that is in existence prior to the 
date 90 days after permit issuance must submit an NOI on or before the 
date 90 days after permit issuance, and facilities that begin 
industrial activities after the date 90 days after permit issuance are 
required to submit an NOI at least 2 days prior to the commencement of 
the new industrial activity.
    A discharger is not precluded from submitting an NOI at a later 
date. However, in such instances, EPA may bring appropriate enforcement 
actions.
    The storm water regulations (40 CFR 122.27) require that facilities 
that discharge storm water associated with an industrial activity 
submit an application for permit coverage on or before October 1, 1992, 
except industrial activities owned or operated by a medium 
municipality, which had until May 17, 1993. Today's permit does not 
extend that application deadline. EPA intends that most of the 
facilities that will seek coverage under the final version of today's 
permit are: members of groups with approved applications; facilities 
that submitted a Notice of 

[[Page 50812]]
Intent to be covered by EPA's baseline general permit and now wish to 
switch to coverage under today's permit; or have submitted a complete 
individual application but have not yet received an individual permit.
    EPA may deny coverage under this permit and require submittal of an 
individual NPDES permit application based on a review of the 
completeness and/or content of the NOI or other information (e.g., 
Endangered Species Act compliance, National Historic Preservation Act 
Compliance, water quality information, compliance history, history of 
spills, etc.). Where EPA requires a discharger authorized under this 
general permit to apply for an individual NPDES permit (or an 
alternative general permit), EPA will notify the discharger in writing 
that a permit application (or different NOI) is required by an 
established deadline. Coverage under this industry general permit will 
automatically terminate if the discharger fails to submit the required 
permit application in a timely manner. Where the discharger does submit 
a requested permit application, coverage under this general permit will 
automatically terminate on the effective date of the issuance or denial 
of the individual NPDES permit or the alternative general permit as it 
applies to the individual permittee. Compliance deadlines are discussed 
in Part VI.H. of this fact sheet.
Municipal Separate Storm Sewer System Operator Notification
    Operators of storm water discharges associated with industrial 
activity that discharge through a large or medium municipal separate 
storm sewer system or a municipal system designated by the 
Director,4 must notify the municipal operator of the system 
receiving the discharge and submit a copy of their NOI to the municipal 
operator.

    \4\ The terms large and medium municipal separate storm sewer 
systems (systems serving a population of 100,000 or more) are 
defined at 40 CFR 122.26(b) (4) and (7). Some of the cities and 
counties in which these systems are found are listed in Appendices 
F, G, H, and I to 40 CFR Part 122. Other municipal systems have been 
designated by EPA on a case-by-case basis or have brought into the 
program based upon the 1990 Census.
---------------------------------------------------------------------------

4. Notice of Termination
    Where a discharger is able to eliminate the storm water discharges 
associated with industrial activity from a facility, the discharger may 
submit a Notice of Termination (NOT) form (or photocopy thereof) 
provided by the Director.
    A copy of the NOT and instructions for completing the NOT are 
included in Addendum C. The NOT form requires the following 
information:
    a. Name, mailing address, and location of the facility for which 
the notification is submitted. Where a street address for the site is 
not available, the location of the approximate center of the site must 
be described in terms of the latitude and longitude to the nearest 15 
seconds, or the section, township and range to the nearest quarter;
    b. The name, address and telephone number of the operator addressed 
by the Notice of Termination;
    c. The NPDES permit number for the storm water discharge associated 
with industrial activity identified by the NOT;
    d. An indication of whether the storm water discharges associated 
with industrial activity have been eliminated or the operator of the 
discharges has changed; and
    e. The following certification:

    I certify under penalty of law that all storm water discharges 
associated with industrial activity from the identified facility 
that are authorized by an NPDES general permit have been eliminated 
or that I am no longer the operator of the industrial activity. I 
understand that by submitting this Notice of Termination I am no 
longer authorized to discharge storm water associated with 
industrial activity under this general permit, and that discharging 
pollutants in storm water associated with industrial activity to 
waters of the United States is unlawful under the Clean Water Act 
where the discharge is not authorized by an NPDES permit. I also 
understand that the submittal of this notice of termination does not 
release an operator from liability for any violations of this permit 
or the Clean Water Act.

    NOTs are to be sent to the Storm Water Notice of Termination 
(4203), 401 M Street, SW., Washington, DC 20460.
    The NOT must be signed in accordance with the signatory 
requirements of 40 CFR 122.22. A complete description of these 
signatory requirements is provided in the instructions accompanying the 
NOT.

B. Special Conditions

    The conditions of this permit have been designed to comply with the 
technology-based standards of the CWA (BAT/BCT). Based on a 
consideration of the appropriate factors for BAT and BCT requirements, 
and a consideration of the factors and options discussed in this fact 
sheet for controlling pollutants in storm water discharges associated 
with industrial activity, the general permit lists a set of tailored 
requirements for developing and implementing storm water pollution 
prevention plans, and for selected discharges, effluent 
limitations.5

    \5\ Part I.C.2 of the general permit provides that facilities 
with storm water discharges associated with industrial activity 
which, based on an evaluation of site specific conditions, believe 
that the appropriate conditions of this permit do not adequately 
represent BAT and BCT requirements for the facility may submit to 
the Director an individual application (Form 1 and Form 2F). A 
detailed explanation of the reasons why the conditions of the 
available general permits do not adequately represent BAT and BCT 
requirements for the facility as well as any supporting 
documentation must be included.
---------------------------------------------------------------------------

    Part VIII. of this fact sheet summarizes the options for 
controlling pollutants in storm water discharges associated with 
industrial activity. The permit includes numeric effluent limitations 
for coal pile runoff, contaminated runoff from fertilizer manufacturing 
facilities, runoff from asphalt emulsion manufacturing facilities, and 
material storage pile runoff located at cement manufacturing facilities 
or cement kilns.
    For other discharges covered by the permit, the permit conditions 
reflect EPA's decision to identify a number of best management 
practices and traditional storm water management practices which 
prevent pollution in storm water discharges as the BAT/BCT level of 
control for the majority of storm water discharges covered by this 
permit. The permit conditions applicable to these discharges are not 
numeric effluent limitations, but rather are flexible requirements for 
developing and implementing site specific plans to minimize and control 
pollutants in storm water discharges associated with industrial 
activity. This approach is consistent with the approach used in the 
baseline general permits finalized on September 9, 1992 (57 FR 41236) 
and September 25, 1992 (57 FR 44438). In addition, today's general 
permit reflects information received through the group application 
process.
    EPA is authorized under 40 CFR 122.44(k)(2) to impose BMPs in lieu 
of numeric effluent limitations in NPDES permits when the Agency finds 
numeric effluent limitations to be infeasible. EPA may also impose BMPs 
which are ``reasonably necessary * * * to carry out the purposes of the 
Act'' under 40 CFR 122.44(k)(3). Both of these standards for imposing 
BMPs were recognized in NRDC v. Costle, 568 F.2d 1369, 1380 (D.C. Cir. 
1977). The conditions in the permit are issued under the authority of 
both of these regulatory provisions. The pollution prevention or BMP 
requirements in this permit operate as limitations on effluent 
discharges that reflect the application of BAT/BCT. This is because the 
BMPs identified require the use of source 

[[Page 50813]]
control technologies which, in the context of this general permit, are 
the best available of the technologies economically achievable (or the 
equivalent BCT finding). See NRDC v. EPA, 822 F.2d 104, 122-23 (D.C. 
Cir. 1987) (EPA has substantial discretion to impose nonquantitative 
permit requirements pursuant to Section 402(a)(1)).
1. Prohibition of Non-storm Water Discharges
    Today's general permit does not authorize non-storm water 
discharges that are mixed with storm water except as provided below. 
The only non-storm water discharges that are intended to be authorized 
under today's permit include discharges from fire fighting activities; 
fire hydrant flushings; potable water sources, including waterline 
flushings; irrigation drainage; lawn watering; routine external 
building washdown without detergents; pavement washwaters where spills 
or leaks of toxic or hazardous materials have not occurred (unless all 
spilled material has been removed) and where detergents are not used; 
air conditioning condensate; compressor condensate; springs; 
uncontaminated ground water; and foundation or footing drains where 
flows are not contaminated with process materials such as solvents that 
are combined with storm water discharges associated with industrial 
activity.
    To be authorized under the general permit, these sources of non-
storm water (except flows from fire fighting activities) must be 
identified in the storm water pollution prevention plan prepared for 
the facility. (Plans and other plan requirements are discussed in more 
detail below). Where such discharges occur, the plan must also identify 
and ensure the implementation of appropriate pollution prevention 
measures for the non-storm water component(s) of the discharge.
    Today's permit does not require pollution prevention measures to be 
identified and implemented for non-storm water flows from fire-fighting 
activities because these flows will generally be unplanned emergency 
situations where it is necessary to take immediate action to protect 
the public.
    The prohibition of unpermitted non-storm water discharges in this 
permit ensures that non-storm water discharges (except for those 
classes of non-storm water discharges that are conditionally authorized 
in Part III.A.2.b.) are not inadvertently authorized by this permit. 
Where a storm water discharge is mixed with non-storm water that is not 
authorized by today's general permit or another NPDES permit, the 
discharger should submit the appropriate application forms (Forms 1, 
2C, and/or 2E) to gain permit coverage of the non-storm water portion 
of the discharge.
2. Releases of Reportable Quantities of Hazardous Substances and Oil
    a. This general permit provides that the discharge of hazardous 
substances or oil from a facility must be eliminated or minimized in 
accordance with the storm water pollution plan developed for the 
facility. Where a permitted storm water discharge contains a hazardous 
substance or oil in an amount equal to or in excess of a reporting 
quantity established under 40 CFR Part 117, or 40 CFR Part 302 during a 
24-hour period, the following actions must be taken:
    (1) Any person in charge of the facility that discharges hazardous 
substances or oil is required to notify the National Response Center 
(NRC) (800-424-8802; in the Washington, DC, metropolitan area, 202-426-
2675) in accordance with the requirements of 40 CFR Part 117, and 40 
CFR Part 302 as soon as they have knowledge of the discharge.
    (2) The storm water pollution prevention plan for the facility must 
be modified within 14 calendar days of knowledge of the release to 
provide a description of the release, an account of the circumstances 
leading to the release, and the date of the release. In addition, the 
plan must be reviewed to identify measures to prevent the reoccurrence 
of such releases and to respond to such releases, and it must be 
modified where appropriate.
    (3) The permittee must also submit to EPA within 14 calendar days 
of knowledge of the release a written description of the release 
(including the type and estimate of the amount of material released), 
the date that such release occurred, the circumstances leading to the 
release, and steps to be taken to modify the pollution prevention plan 
for the facility.
    b. Anticipated discharges containing a hazardous substance in an 
amount equal to or in excess of reporting quantities are those caused 
by events occurring within the scope of the relevant operating system. 
Facilities that have more than 1 anticipated discharge per year 
containing a hazardous substance in an amount equal to or in excess of 
a reportable quantity are required to:
    (1) Submit notifications of the first release that occurs during a 
calendar year (or for the first year of this permit, after submittal of 
an NOI); and
    (2) Provide a written description in the storm water pollution 
prevention plan of the dates on which such releases occurred, the type 
and estimate of the amount of material released, and the circumstances 
leading to the releases. In addition, the pollution prevention plan 
must address measures to minimize such releases.
    c.  Where a discharge of a hazardous substance or oil in excess of 
reporting quantities is caused by a non-storm water discharge (e.g., a 
spill of oil into a separate storm sewer), that discharge is not 
authorized by this permit and the discharger must report the discharge 
as required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302. 
In the event of a spill, the requirements of Section 311 of the CWA and 
other applicable provisions of Sections 301 and 402 of the CWA continue 
to apply. This approach is consistent with the requirements for 
reporting releases of hazardous substances and oil that make a clear 
distinction between hazardous substances typically found in storm water 
discharges and those associated with spills that are not considered 
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
3. Co-located Industrial Facilities
    Today's general permit addresses storm water discharges from 
industrial activities co-located at an industrial facility described in 
the coverage section of the permit. Co-located industrial activities 
occur when activities being conducted onsite meet more than one of the 
descriptions in the coverage sections of Part XI. of this permit (e.g., 
a landfill at a wood treatment facility or a vehicle maintenance garage 
at an asphalt batching plant). Co-located industrial activities are 
authorized under today's general permit provided that the industrial 
facility complies with the pollution prevention plan and monitoring 
requirements for each co-located activity.
    Authorizing co-located discharges allows industrial facilities to 
develop pollution prevention plans that fully address all industrial 
activities at the site. For example, if a wood treatment facility has a 
landfill, the pollution prevention plan requirements for the wood 
treatment facility will differ greatly from those needed for a 
landfill. Therefore, by authorizing co-located industrial activities, 
the wood treatment facility will develop a pollution prevention plan to 
meet the requirements addressing the storm water discharges from the 
wood treatment facility and the landfill. The facility is also subject 
to applicable monitoring requirements for each type of industrial 
activity as described in the applicable sections of the permit. By 

[[Page 50814]]
monitoring the discharges from the different industrial activities, the 
facility can better determine the effectiveness of the pollution 
prevention plan requirements for controlling storm water discharges 
from all activities.

C. Common Pollution Prevention Plan Requirements

    All facilities intended to be covered by today's general permit for 
storm water discharges associated with industrial activity must prepare 
and implement a storm water pollution prevention plan. The storm water 
permit addresses pollution prevention plan requirements for a number of 
categories of industries. The following is a discussion of the common 
permit requirements for all industries; special requirements for storm 
water discharges associated with industrial activity through large and 
medium municipal separate storm sewer systems; special requirements for 
facilities subject to EPCRA Section 313 reporting requirements; and 
special requirements for facilities with outdoor salt storage piles. 
These are the permit requirements which apply to discharges associated 
with any of the industrial activities covered by today's permit. These 
common requirements may be amended or further clarified in the 
industry-specific pollution prevention plan requirements. Table 2 
indicates the location of the industry-specific pollution prevention 
plans. These industry-specific requirements are additive for facilities 
where co-located industrial activities occur. For example, if a 
facility has both a sand and gravel mining operation and a ready mix 
concrete manufacturing operation, then that facility is subject to the 
pollution prevention plan requirements in both Part XI.E.3. and Part 
XI.J.3. of the permit.

                          Table 2.--Storm Water Pollution Prevention Plan Requirements                          
----------------------------------------------------------------------------------------------------------------
                                                   Fact sheet section describing   Permit section describing PPP
               Industrial activity                       PPP requirements                  requirements         
----------------------------------------------------------------------------------------------------------------
Timber Products Facilities......................  VIII.A.7......................  XI.A.3.                       
Paper and Allied Products Manufacturing           VIII.B.5......................  XI.B.3.                       
 Facilities.                                                                                                    
Chemical and Allied Products Manufacturing        VIII.C.6......................  XI.C.4.                       
 Facilities.                                                                                                    
Asphalt Paving and Roofing Materials              VIII.D.4......................  XI.D.3.                       
 Manufacturers and Lubricant Manufacturers.                                                                     
Glass, Clay, Cement, Concrete, and Gypsum         VIII.E.5......................  XI.E.3.                       
 Product Manufacturing Facilities.                                                                              
Primary Metals Facilities.......................  VIII.F.6......................  XI.F.3.                       
Metal Mining (Ore Mining and Dressing)            VIII.G.5......................  XI.G.3.                       
 Facilities.                                                                                                    
Coal Mines and Coal Mining-Related Facilities...  VIII.H.4......................  XI.H.3.                       
Oil and Gas Extraction Facilities...............  VIII.I.5......................  XI.I.3.                       
Mineral Mining and Processing Facilities........  VIII.J.4......................  XI.J.3.                       
Hazardous Waste Treatment, Storage, or Disposal   VIII.K.5......................  XI.K.3.                       
 Facilities.                                                                                                    
Landfills and Land Application Sites............  VIII.L.5......................  XI.L.3.                       
Automobile Salvage Yards........................  VIII.M.5......................  XI.M.2.                       
Scrap and Waste Recycling Facilities............  VIII.N.5......................  XI.N.3.                       
Steam Electric Power Generating Facilities,       VIII.O.5......................  XI.O.3.                       
 Including Coal Handling Areas.                                                                                 
Vehicle Maintenance or Equipment Cleaning Areas   VIII.P.5......................  XI.P.3.                       
 at Motor Freight Transportation Facilities,                                                                    
 Passenger Transportation Facilities, Petroleum                                                                 
 Bulk Oil Stations and Terminals, Rail                                                                          
 Transportation Facilities, and the United                                                                      
 States Postal Service Transportation Facilities.                                                               
Vehicle Maintenance Areas and/or Equipment        VIII.Q.5......................  XI.Q.3.                       
 Cleaning Operations at Water Transportation                                                                    
 Facilities.                                                                                                    
Ship and Boat Building or Repairing Yards.......  VIII.R.6......................  XI.R.3.                       
Vehicle Maintenance Areas, Equipment Cleaning     VIII.S.4......................  XI.S.3.                       
 Areas, or Deicing Areas Located at Air                                                                         
 Transportation Facilities.                                                                                     
Treatment Works.................................  VIII.T.5......................  XI.T.3.                       
Food and Kindred Products Facilities............  VIII.U.4......................  XI.U.3.                       
Textile Mills, Apparel, and Other Fabric Product  VIII.V.5......................  XI.V.3.                       
 Manufacturing Facilities.                                                                                      
Wood and Metal Furniture and Fixture              VIII.W.4......................  XI.W.3.                       
 Manufacturing Facilities.                                                                                      
Printing and Publishing Facilities..............  VIII.X.5......................  XI.X.3.                       
Rubber, Miscellaneous Plastic Products, and       VIII.Y.4......................  XI.Y.3.                       
 Miscellaneous Manufacturing Industries.                                                                        
Leather Tanning and Finishing Facilities........  VIII.Z.5......................  XI.Z.3.                       
Fabricated Metal Products Industry..............  VIII.AA.3.....................  XI.AA.3.                      
Facilities That Manufacture Transportation        VIII.AB.5.....................  XI.AB.3.                      
 Equipment, Industrial, or Commercial Machinery.                                                                
Facilities That Manufacture Electronic and        VIII.AC.5.....................  XI.AC.3.                      
 Electrical Equipment and Components,                                                                           
 Photographic and Optical Goods.                                                                                
----------------------------------------------------------------------------------------------------------------

    The pollution prevention approach in today's general permit focuses 
on two major objectives: (1) to identify sources of pollution 
potentially affecting the quality of storm water discharges associated 
with industrial activity from the facility; and (2) to describe and 
ensure implementation of practices to minimize and control pollutants 
in storm water discharges associated with industrial activity from the 
facility and to ensure compliance with the terms and conditions of this 
permit.
    The storm water pollution prevention plan requirements in the 
general permit are intended to facilitate a process whereby the 
operator of the industrial facility thoroughly evaluates potential 
pollution sources at the site and selects and implements appropriate 
measures designed to prevent or control the discharge of pollutants in 
storm water runoff. The process involves the following four steps: (1) 
Formation of a team of qualified plant personnel who will be 
responsible for preparing the plan and assisting the plant manager in 
its implementation; (2) assessment of potential storm water pollution 
sources; (3) selection and implementation of appropriate management 
practices and controls; and (4) periodic evaluation of the 
effectiveness of the plan to prevent 

[[Page 50815]]
storm water contamination and comply with the terms and conditions of 
this permit. The authorization to include best management practices in 
the permit to control or abate the discharge of pollutants is derived 
from 40 CFR 144.45(k).
    EPA believes the pollution prevention approach is the most 
environmentally sound and cost-effective way to control the discharge 
of pollutants in storm water runoff from industrial facilities. This 
position is supported by the results of a comprehensive technical 
survey EPA completed in 1979.6 The survey found that two classes 
of management practices are generally employed at industries to control 
the nonroutine discharge of pollutants from sources such as storm water 
runoff, drainage from raw material storage and waste disposal areas, 
and discharges from places where spills or leaks have occurred. The 
first class of management practices includes those that are low in 
cost, applicable to a broad class of industries and substances, and 
widely considered essential to a good pollution control program. Some 
examples of practices in this class are good housekeeping, employee 
training, and spill response and prevention procedures. The second 
class includes management practices that provide a second line of 
defense against the release of pollutants. This class addresses 
containment, mitigation, and cleanup. Since publication of the 1979 
survey, EPA has imposed management practices and controls in NPDES 
permits on a case-by-case basis. The Agency also has continued to 
review the appropriateness and effectiveness of such practices,7 
as well as the techniques used to prevent and contain oil spills.8 
Experience with these practices and controls has shown that they can be 
used in permits to reduce pollutants in storm water discharges in a 
cost-effective manner. In keeping with both the present and previous 
administration's objective to attain environmental goals through 
pollution prevention, pollution prevention has been and continues to be 
the cornerstone of the NPDES Permitting program for storm water. EPA 
has developed guidance entitled ``Storm Water Management for Industrial 
Activities: Developing Pollution Prevention Plans and Best Management 
Practices,'' September 1992, to assist permittees in developing and 
implementing pollution prevention measures.

    \6\ See ``Storm Water Management for Industrial Activities,'' 
EPA, September 1992, EPA-832-R-92-006.
    \7\ For example, see ``Best Management Practices: Useful Tools 
for Cleaning Up,'' Thron, H. Rogoshewski, P., 1982, Proceedings of 
the 1982 Hazardous Material Spills Conference; ``The Chemical 
Industries' Approach to Spill Prevention,'' Thompson, C., Goodier, 
J. 1980, Proceedings of the 1980 National Conference of Control of 
Hazardous Materials Spills; a series of EPA memorandum entitled 
``Best Management Practices in NPDES Permits--Information 
Memorandum,'' 1983, 1985, 1986, 1987, 1988; Review of Emergency 
Systems: Report to Congress,'' EPA, 1988; and ``Analysis of 
Implementing Permitting Activities for Storm Water Discharges 
Associated with Industrial Activity,'' EPA, 1991.
    \8\ See for example, ``The Oil Spill Prevention, Control and 
Countermeasures Program Task Force Report,'' EPA, 1988; and 
``Guidance Manual for the Development of an Accidental Spill 
Prevention Program,'' prepared by SAIC for EPA, 1986.
---------------------------------------------------------------------------

1. Pollution Prevention Team
    As a first step in the process of developing and implementing a 
storm water pollution prevention plan, permittees are required to 
identify a qualified individual or team of individuals to be 
responsible for developing the plan and assisting the facility or plant 
manager in its implementation. When selecting members of the team, the 
plant manager should draw on the expertise of all relevant departments 
within the plant to ensure that all aspects of plant operations are 
considered when the plan is developed. The plan must clearly describe 
the responsibilities of each team member as they relate to specific 
components of the plan. In addition to enhancing the quality of 
communication between team members and other personnel, clear 
delineation of responsibilities will ensure that every aspect of the 
plan is addressed by a specified individual or group of individuals. 
Pollution Prevention Teams may consist of one individual where 
appropriate (e.g., in certain small businesses with limited storm water 
pollution potential).
2. Description of Potential Pollution Sources
    Each storm water pollution prevention plan must describe 
activities, materials, and physical features of the facility that may 
contribute significant amounts of pollutants to storm water runoff or, 
during periods of dry weather, result in pollutant discharges through 
the separate storm sewers or storm water drainage systems that drain 
the facility. This assessment of storm water pollution risk will 
support subsequent efforts to identify and set priorities for necessary 
changes in materials, materials management practices, or site features, 
as well as aid in the selection of appropriate structural and 
nonstructural control techniques. Some operators may find that 
significant amounts of pollutants are running onto the facility 
property. Such operators should identify and address the contaminated 
runon in the storm water pollution prevention plan. If the runon cannot 
be addressed or diverted by the permittee, the permitting authority 
should be notified. If necessary, the permitting authority may require 
the operator of the adjacent facility to obtain a permit.
    Part XI of the permit includes specific requirements for the 
various industry sectors covered by today's permit. The storm water 
pollution prevention plans generally must describe the following 
elements:
    a. Drainage. The plan must contain a map of the site that shows the 
location of outfalls covered by the permit (or by other NPDES permits), 
the pattern of storm water drainage, an indication of the types of 
discharges contained in the drainage areas of the outfalls, structural 
features that control pollutants in runoff,9 surface water bodies 
(including wetlands), places where significant materials 10 are 
exposed to rainfall and runoff, and locations of major spills and leaks 
that occurred in the 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit. The map also 
must show areas where the following activities take place: fueling, 
vehicle and equipment maintenance and/or cleaning, loading and 
unloading, material storage (including tanks or other vessels used for 
liquid or waste storage), material processing, and waste disposal. For 
areas of the facility that generate storm water discharges with a 
reasonable potential to contain significant amounts of pollutants, the 
map must indicate the probable direction of storm water flow and the 
pollutants likely to be in the discharge. Flows with a significant 
potential to cause soil erosion also must be identified. In order to 
increase the readability of the map, the inventory of the types of 
discharges contained in each outfall may be kept as an attachment to 
the site map.

    \9\ Nonstructural features such as grass swales and vegetative 
buffer strips also should be shown.
    \10\ Significant materials include, but are not limited to the 
following: raw materials; fuels; solvents, detergents, and plastic 
pellets; finished materials, such as metallic products; raw 
materials used in food processing or production; hazardous 
substances designated under Section 101(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA); any 
chemical the facility is required to report pursuant to EPCRA 
Section 313; fertilizers; pesticides; and waste products, such as 
ashes, slag, and sludge that have the potential to be released with 
storm water discharges. (See 40 CFR 122.26(b)(8)).
---------------------------------------------------------------------------

    b. Inventory of Exposed Materials. Facility operators are required 
to 

[[Page 50816]]
carefully conduct an inspection of the site and related records to 
identify significant materials that are or may be exposed to storm 
water. The inventory must address materials that within 3 years prior 
to the date of the submission of a Notice of Intent (NOI) to be covered 
under this permit have been handled, stored, processed, treated, or 
disposed of in a manner to allow exposure to storm water. Findings of 
the inventory must be documented in detail in the pollution prevention 
plan. At a minimum, the plan must describe the method and location of 
onsite storage or disposal; practices used to minimize contact of 
materials with rainfall and runoff; existing structural and 
nonstructural controls that reduce pollutants in runoff; and any 
treatment the runoff receives before it is discharged to surface waters 
or a separate storm sewer system. The description must be updated 
whenever there is a significant change in the types or amounts of 
materials, or material management practices, that may affect the 
exposure of materials to storm water.
    c. Significant Spills and Leaks. The plan must include a list of 
any significant spills and leaks of toxic or hazardous pollutants that 
occurred in the 3 years prior to the date of the submission of a Notice 
of Intent (NOI) to be covered under this permit. Significant spills 
include, but are not limited to, releases of oil or hazardous 
substances in excess of quantities that are reportable under Section 
311 of CWA (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) (see 40 CFR 302.4). Significant spills may also include 
releases of oil or hazardous substances that are not in excess of 
reporting requirements and releases of materials that are not 
classified as oil or a hazardous substance.
    The listing should include a description of the causes of each 
spill or leak, the actions taken to respond to each release, and the 
actions taken to prevent similar such spills or leaks in the future. 
This effort will aid the facility operator as she or he examines 
existing spill prevention and response procedures and develops any 
additional procedures necessary to fulfill the requirements of Part XI. 
of this permit.
    d. Non-storm Water Discharges. Each pollution prevention plan must 
include a certification, signed by an authorized individual, that 
discharges from the site have been tested or evaluated for the presence 
of non-storm water discharges. The certification must describe possible 
significant sources of non-storm water, the results of any test and/or 
evaluation conducted to detect such discharges, the test method or 
evaluation criteria used, the dates on which tests or evaluations were 
performed, and the onsite drainage points directly observed during the 
test or evaluation. Acceptable test or evaluation techniques include 
dye tests, television surveillance, observation of outfalls or other 
appropriate locations during dry weather, water balance calculations, 
and analysis of piping and drainage schematics.\11\

    \11\ In general, smoke tests should not be used for evaluating 
the discharge of non-storm water to a separate storm sewer as many 
sources of non-storm water typically pass through a trap that would 
limit the effectiveness of the smoke test.
---------------------------------------------------------------------------

    Except for flows that originate from fire fighting activities, 
sources of non-storm water that are specifically identified in the 
permit as being eligible for authorization under the general permit 
must be identified in the plan. Pollution prevention plans must 
identify and ensure the implementation of appropriate pollution 
prevention measures for the non-storm water discharge.
    EPA recognizes that certification may not be feasible where 
facility personnel do not have access to an outfall, manhole, or other 
point of access to the conduit that ultimately receives the discharge. 
In such cases, the plan must describe why certification was not 
feasible. Permittees who are not able to certify that discharges have 
been tested or evaluated must notify the Director in accordance with 
Part XI. of the permit.
    e. Sampling Data. Any existing data on the quality or quantity of 
storm water discharges from the facility must be described in the plan, 
including data collected for part 2 of the group application process. 
These data may be useful for locating areas that have contributed 
pollutants to storm water. The description should include a discussion 
of the methods used to collect and analyze the data. Sample collection 
points should be identified in the plan and shown on the site map.
    f. Summary of Potential Pollutant Sources. The description of 
potential pollution sources culminates in a narrative assessment of the 
risk potential that sources of pollution pose to storm water quality. 
This assessment should clearly point to activities, materials, and 
physical features of the facility that have a reasonable potential to 
contribute significant amounts of pollutants to storm water. Any such 
activities, materials, or features must be addressed by the measures 
and controls subsequently described in the plan. In conducting the 
assessment, the facility operator must consider the following 
activities: loading and unloading operations; outdoor storage 
activities; outdoor manufacturing or processing activities; significant 
dust or particulate generating processes; and onsite waste disposal 
practices. The assessment must list any significant pollution sources 
at the site and identify the pollutant parameter or parameters (i.e., 
biochemical oxygen demand, suspended solids, etc.) associated with each 
source.

3. Measures and Controls

     Following completion of the source identification and assessment 
phase, the permit requires the permittee to evaluate, select, and 
describe the pollution prevention measures, best management practices 
(BMPs), and other controls that will be implemented at the facility. 
BMPs include processes, procedures, schedules of activities, 
prohibitions on practices, and other management practices that prevent 
or reduce the discharge of pollutants in storm water runoff.
    EPA emphasizes the implementation of pollution prevention measures 
and BMPs that reduce possible pollutant discharges at the source. 
Source reduction measures include, among others, preventive 
maintenance, chemical substitution, spill prevention, good 
housekeeping, training, and proper materials management. Where such 
practices are not appropriate to a particular source or do not 
effectively reduce pollutant discharges, EPA supports the use of source 
control measures and BMPs such as material segregation or covering, 
water diversion, and dust control. Like source reduction measures, 
source control measures and BMPs are intended to keep pollutants out of 
storm water. The remaining classes of BMPs, which involve recycling or 
treatment of storm water, allow the reuse of storm water or attempt to 
lower pollutant concentrations prior to discharge.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address one or more of the potential pollution sources 
identified in the plan. The plan also must include a schedule 
specifying the time or times during which each control or practice will 
be implemented. In addition, the plan should discuss ways in which the 
controls and practices relate to one another and, when taken as a 
whole, produce an integrated and consistent approach for preventing or 
controlling potential storm water contamination problems. The permit 
requirements included for the various industry sectors in Part XI 

[[Page 50817]]
of today's permit generally require that the portion of the plan that 
describes the measures and controls address the following minimum 
components.
    When ``minimize/reduce'' is used relative to pollution prevention 
plan measures, EPA means to consider and implement best management 
practices that will result in an improvement over the baseline 
conditions as it relates to the levels of pollutants identified in 
storm water discharges with due consideration to economic feasibility 
and effectiveness.
    a. Good Housekeeping. Good housekeeping involves using practical, 
cost-effective methods to identify ways to maintain a clean and orderly 
facility and keep contaminants out of separate storm sewers. It 
includes establishing protocols to reduce the possibility of 
mishandling chemicals or equipment and training employees in good 
housekeeping techniques. These protocols must be described in the plan 
and communicated to appropriate plant personnel.
    b. Preventive Maintenance. Permittees must develop a preventive 
maintenance program that involves regular inspection and maintenance of 
storm water management devices and other equipment and systems. The 
program description should identify the devices, equipment, and systems 
that will be inspected; provide a schedule for inspections and tests; 
and address appropriate adjustment, cleaning, repair, or replacement of 
devices, equipment, and systems. For storm water management devices 
such as catch basins and oil/water separators, the preventive 
maintenance program should provide for periodic removal of debris to 
ensure that the devices are operating efficiently. For other equipment 
and systems, the program should reveal and enable the correction of 
conditions that could cause breakdowns or failures that may result in 
the release of pollutants.
    c. Spill Prevention and Response Procedures. Based on an assessment 
of possible spill scenarios, permittees must specify appropriate 
material handling procedures, storage requirements, containment or 
diversion equipment, and spill cleanup procedures that will minimize 
the potential for spills and in the event of a spill enable proper and 
timely response. Areas and activities that typically pose a high risk 
for spills include loading and unloading areas, storage areas, process 
activities, and waste disposal activities. These activities and areas, 
and their accompanying drainage points, must be described in the plan. 
For a spill prevention and response program to be effective, employees 
should clearly understand the proper procedures and requirements and 
have the equipment necessary to respond to spills.
    d. Inspections. In addition to the comprehensive site evaluation, 
facilities are required to conduct periodic inspections of designated 
equipment and areas of the facility. Industry-specific requirements for 
such inspections, if any, are discussed in Section VIII. of this fact 
sheet. When required, qualified personnel must be identified to conduct 
inspections at appropriate intervals specified in the plan. A set of 
tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections must be maintained. These periodic inspections are 
different from the comprehensive site evaluation, even though the 
former may be incorporated into the latter. Equipment, area, or other 
inspections are typically visual and are normally conducted on a 
regular basis, e.g., daily inspections of loading areas. Requirements 
for such periodic inspections are specific to each industrial sector in 
today's permit, whereas the comprehensive site compliance evaluation is 
required of all industrial sectors. Area inspections help ensure that 
storm water pollution prevention measures (e.g., BMPs) are operating 
and properly maintained on a regular basis. The comprehensive site 
evaluation is intended to provide an overview of the entire facility's 
pollution prevention activities. Refer to Part VI.C.4. below for more 
information on the comprehensive site evaluation.
    e. Employee Training. The pollution prevention plan must describe a 
program for informing personnel at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. The 
training program should address topics such as good housekeeping, 
materials management, and spill response procedures. Where appropriate, 
contractor personnel also must be trained in relevant aspects of storm 
water pollution prevention. A schedule for conducting training must be 
provided in the plan. Several sections in Part XI. of today's permit 
specify a minimum frequency for training of once per year. Others 
indicate that training is to be conducted at an appropriate interval. 
EPA recommends that facilities conduct training annually at a minimum. 
However, more frequent training may be necessary at facilities with 
high turnover of employees or where employee participation is essential 
to the storm water pollution prevention plan.
    f. Recordkeeping and Internal Reporting Procedures. The pollution 
prevention plan must describe procedures for developing and retaining 
records on the status and effectiveness of plan implementation. At a 
minimum, records must address spills, monitoring, and inspection and 
maintenance activities. The plan also must describe a system that 
enables timely reporting of storm water management-related information 
to appropriate plant personnel.
    g. Sediment and Erosion Control. The pollution prevention plan must 
identify areas that, due to topography, activities, soils, cover 
materials, or other factors have a high potential for significant soil 
erosion. The plan must identify measures that will be implemented to 
limit erosion in these areas.
    h. Management of Runoff. The plan must contain a narrative 
evaluation of the appropriateness of traditional storm water management 
practices (i.e., practices other than those that control pollutant 
sources) that divert, infiltrate, reuse, or otherwise manage storm 
water runoff so as to reduce the discharge of pollutants. Appropriate 
measures may include, among others, vegetative swales, collection and 
reuse of storm water, inlet controls, snow management, infiltration 
devices, and wet detention/retention basins.
    Based on the results of the evaluation, the plan must identify 
practices that the permittee determines are reasonable and appropriate 
for the facility. The plan also should describe the particular 
pollutant source area or activity to be controlled by each storm water 
management practice. Reasonable and appropriate practices must be 
implemented and maintained according to the provisions prescribed in 
the plan.
    In selecting storm water management measures, it is important to 
consider the potential effects of each method on other water resources, 
such as ground water. Although storm water pollution prevention plans 
primarily focus on storm water management, facilities must also 
consider potential ground water pollution problems and take appropriate 
steps to avoid adversely impacting ground water quality. For example, 
if the water table is unusually high in an area, an infiltration pond 
may contaminate a ground water source unless special preventive 
measures are taken. Under EPA's July 1991 Ground Water Protection 
Strategy, States are encouraged to develop Comprehensive State Ground 
Water Protection Programs (CSGWPP). Efforts to control storm water 
should be compatible with State ground water objectives as reflected in 
CSGWPPs.

[[Page 50818]]

4. Comprehensive Site Compliance Evaluation
    The permit requires that the storm water pollution prevention plan 
describe the scope and content of the comprehensive site evaluations 
that qualified personnel will conduct to (1) confirm the accuracy of 
the description of potential pollution sources contained in the plan, 
(2) determine the effectiveness of the plan, and (3) assess compliance 
with the terms and conditions of the permit. Note that the 
comprehensive site evaluations are not the same as periodic or other 
inspections described for certain industries under Part VI.C.3.d of 
this fact sheet. However, in the instances when frequencies of 
inspections and the comprehensive site compliance evaluation overlap 
they may be combined allowing for efficiency, as long as the 
requirements for both types of inspections are met. The plan must 
indicate the frequency of comprehensive evaluations which must be at 
least once a year, except where comprehensive site evaluations are 
shown in the plan to be impractical for inactive mining sites, due to 
remote location and inaccessibility. 12 The individual or 
individuals who will conduct the comprehensive site evaluation must be 
identified in the plan and should be members of the pollution 
prevention team. Material handling and storage areas and other 
potential sources of pollution must be visually inspected for evidence 
of actual or potential pollutant discharges to the drainage system. 
Inspectors also must observe erosion controls and structural storm 
water management devices to ensure that each is operating correctly. 
Equipment needed to implement the pollution prevention plan, such as 
that used during spill response activities, must be inspected to 
confirm that it is in proper working order.

    \12\ Where annual site inspections are shown in the plan to be 
impractical for inactive mining sites, due to remote location and 
inaccessibility, site inspections must be conducted at least once 
every 3 years.
---------------------------------------------------------------------------

    The results of each comprehensive site evaluation must be 
documented in a report signed by an authorized company official. The 
report must describe the scope of the comprehensive site evaluation, 
the personnel making the comprehensive site evaluation, the date(s) of 
the comprehensive site evaluation, and any major observations relating 
to implementation of the storm water pollution prevention plan. 
Comprehensive site evaluation reports must be retained for at least 3 
years after the date of the evaluation. Based on the results of each 
comprehensive site evaluation, the description in the plan of potential 
pollution sources and measures and controls must be revised as 
appropriate within 2 weeks after each comprehensive site evaluation, 
unless indicated otherwise in Section XI of the permit. Changes in 
procedural operations must be implemented on the site in a timely 
manner for non-structural measures and controls not more than 12 weeks 
after completion of the comprehensive site evaluation. Procedural 
changes that require construction of structural measures and controls 
are allowed up to 3 years for implementation. In both instances, an 
extension may be requested from the Director.

D. Special Requirements

1. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity Through Large and Medium Municipal Separate Storm 
Sewer Systems
    Permittees that discharge storm water associated with industrial 
activity through large or medium municipal separate storm sewer systems 
13 are required to submit notification of the discharge to the 
operator of the municipal separate storm sewer system. A list of these 
systems is provided in Addendum D of today's notice.

    \13\ Large and medium municipal separate storm sewer systems are 
systems located in an incorporated city with a population of 100,000 
or more, or in a county identified as having a large or medium 
system (see 40 CFR 122.26(b) (4) and (7) and Appendices F through I 
to Part 122). A list of these municipalities is provided in Addendum 
D to today's notice.
---------------------------------------------------------------------------

    Facilities covered by this permit must comply with applicable 
requirements in municipal storm water management programs developed 
under NPDES permits issued for the discharge of the municipal separate 
storm sewer system that receives the facility's discharge, provided the 
discharger has been notified of such conditions. In addition, 
permittees that discharge storm water associated with industrial 
activity through a large or medium municipal separate storm sewer 
system must make their pollution prevention plans available to the 
municipal operator of the system upon request by the municipal 
operator.
2. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity From Facilities Subject to EPCRA Section 313 
Requirements
    Today's permit contains special requirements for certain permittees 
subject to reporting requirements under Section 313 of the EPCRA (also 
known as Title III of the Superfund Amendments and Reauthorization Act 
(SARA)). EPCRA Section 313 requires operators of certain facilities 
that manufacture (including import), process, or otherwise use listed 
toxic chemicals to report annually their releases of those chemicals to 
any environmental media. Listed toxic chemicals include more than 500 
chemicals and chemical classes listed at 40 CFR Part 372 (including the 
recently added chemicals published November 30, 1994).
    The criteria for facilities that must report under Section 313 are 
given at 40 CFR 372.22. A facility is subject to the annual reporting 
provisions of Section 313 if it meets all three of the following 
criteria for a calendar year: it is included in SIC codes 20 through 
39; it has 10 or more full-time employees; and it manufactures 
(including imports), processes, or otherwise uses a chemical listed in 
40 CFR 372.65 in amounts greater than the ``threshold'' quantities 
specified in 40 CFR 372.25.
    There are more than 300 individually listed Section 313 chemicals, 
as well as 20 categories of Toxic Release Inventory (TRI) chemicals for 
which reporting is required. EPA has the authority to add to and delete 
from this list. The Agency has identified approximately 175 chemicals 
that it is classifying for the purposes of this general permit as 
``Section 313 water priority chemicals.'' For the purposes of this 
permit, Section 313 water priority chemicals are defined as chemicals 
or chemical categories that (1) are listed at 40 CFR 372.65 pursuant to 
EPCRA Section 313; (2) are manufactured, processed, or otherwise used 
at or above threshold levels at a facility subject to EPCRA Section 313 
reporting requirements; and (3) meet at least one of the following 
criteria: (i) are listed in Appendix D of 40 CFR Part 122 on either 
Table II (organic priority pollutants), Table III (certain metals, 
cyanides, and phenols), or Table V (certain toxic pollutants and 
hazardous substances); (ii) are listed as a hazardous substance 
pursuant to Section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) 
are pollutants for which EPA has published acute or chronic toxicity 
criteria. A list of the water priority chemicals is provided in 
Addendum F to today's notice. In today's permit, EPA is not extending 
the special requirements to facilities that store liquid chemicals in 
above-ground tanks or handle liquid chemicals in areas exposed to 
precipitation if such facilities are not subject to EPCRA Section 313 
reporting requirements.

[[Page 50819]]

    a. Summary of Special Requirements. The special requirements in 
today's permit for facilities subject to reporting requirements under 
EPCRA Section 313 for a water priority chemical, except those that are 
handled and stored only in gaseous or non-soluble liquids or solids (at 
atmospheric pressure and temperature) forms (see Part VI.D.2.c below), 
state that storm water pollution prevention plans, in addition to the 
baseline requirements for plans, must contain special provisions 
addressing areas where Section 313 water priority chemicals are stored, 
processed, or otherwise handled. These requirements reflect the Best 
Available Technology for controlling discharges of water priority 
chemicals in storm water. The permit provides that appropriate 
containment, drainage control, and/or diversionary structures must be 
provided for such areas. An exemption from the special provisions for 
Section 313 facilities will be granted if the facility can certify in 
the pollution prevention plan that all water priority chemicals handled 
or used are gaseous or non-soluble liquids or solids (at atmospheric 
pressure and temperature). At a minimum, one of the following 
preventive systems or its equivalent must be used: curbing, culverting, 
gutters, sewers, or other forms of drainage control to prevent or 
minimize the potential for storm water runon to come into contact with 
significant sources of pollutants; or roofs, covers, or other forms of 
appropriate protection to prevent storage piles from exposure to storm 
water and wind.
    In addition, the permit establishes requirements for priority areas 
of the facility. Priority areas of the facility include the following: 
liquid storage areas where storm water comes into contact with any 
equipment, tank, container, or other vessel used for Section 313 water 
priority chemicals; material storage areas for Section 313 water 
priority chemicals other than liquids; truck and rail car loading and 
unloading areas for liquid Section 313 water priority chemicals; and 
areas where Section 313 water priority chemicals are transferred, 
processed, or otherwise handled.
    The permit provides that site runoff from other industrial areas of 
the facility that may contain Section 313 water priority chemicals or 
spills of Section 313 water priority chemicals must incorporate the 
necessary drainage or other control features to prevent the discharge 
of spilled or improperly disposed material and to ensure the mitigation 
of pollutants in runoff or leachate. The permit also establishes 
special requirements for preventive maintenance and good housekeeping, 
facility security, and employee training.
    In the proposed permit, EPA proposed to require facilities subject 
to EPCRA Section 313 requirements to have a Registered Professional 
Engineer (PE) certify their pollution prevention plans every 3 years. 
However, in response to commentors' concerns, EPA has revised the 
permit to eliminate the PE certification requirement. Instead, the 
permit now requires facilities subject to the special requirements to 
satisfy the pollution prevention plan signature requirements in Part 
IV.B.1. of the permit. EPA agrees with commentors that the operator is 
the most appropriate person to perform the certification. In addition, 
instead of certifying the plan every 3 years, facilities subject to 
EPCRA Section 313 requirements must amend the pollution prevention plan 
only when significant modifications are made to the facility, such as 
the addition of material handling areas or chemical storage units.
    b. Requirements for Priority Areas. The permit provides that 
drainage from priority areas should be restrained by valves or other 
positive means to prevent the discharge of a spill or other excessive 
leakage of Section 313 water priority chemicals. Where containment 
units are employed, such units may be emptied by pumps or ejectors; 
however, these must be manually activated. Flapper-type drain valves 
must not be used to drain containment areas, as these will not 
effectively control spills. Valves used for the drainage of containment 
areas should, as far as is practical, be of manual, open-and-closed 
design. If facility drainage does not meet these requirements, the 
final discharge conveyance of all in-facility storm sewers must be 
equipped to be equivalent with a diversion system that could, in the 
event of an uncontrolled spill of Section 313 water priority chemicals, 
return the spilled material or contaminated storm water to the 
facility. Records must be kept of the frequency and estimated volume 
(in gallons) of discharges from containment areas.
    Additional special requirements are related to the types of 
industrial activities that occur within the priority area. These 
requirements are summarized below:
    (1) Liquid Storage Areas. Where storm water comes into contact with 
any equipment, tank, container, or other vessel used for Section 313 
water priority chemicals, the material and construction of tanks or 
containers used for the storage of a Section 313 water priority 
chemical must be compatible with the material stored and conditions of 
storage, such as pressure and temperature. Liquid storage areas for 
Section 313 water priority chemicals must be operated to minimize 
discharges of Section 313 chemicals. Appropriate measures to minimize 
discharges of Section 313 chemicals may include secondary containment 
provided for at least the entire contents of the largest single tank 
plus sufficient freeboard to allow for precipitation, a strong spill 
contingency and integrity testing plan, and/or other equivalent 
measures. A strong spill contingency plan would typically contain, at a 
minimum, a description of response plans, personnel needs, and methods 
of mechanical containment (such as use of sorbents, booms, collection 
devices, etc.), steps to taken for removal of spill chemicals or 
materials, and procedures to ensure access to and availability of 
sorbents and other equipment. The testing component of the plan would 
provide for conducting integrity testing of storage tanks at set 
intervals such as once every 5 years, and conducting integrity and leak 
testing of valves and piping at a minimum frequency, such as once per 
year. In addition, a strong plan would include a written and actual 
commitment of manpower, equipment and materials required to comply with 
the permit and to expeditiously control and remove any quantity of 
spilled or leaked chemicals that may result in a toxic discharge.
    (2) Other Material Storage Areas. Material storage areas for 
Section 313 water priority chemicals other than liquids that are 
subject to runoff, leaching, or wind must incorporate drainage or other 
control features to minimize the discharge of Section 313 water 
priority chemicals by reducing storm water contact with Section 313 
water priority chemicals.
    (3) Truck and Rail Car Loading and Unloading Areas. Truck and rail 
car loading and unloading areas for liquid Section 313 water priority 
chemicals must be operated to minimize discharges of Section 313 water 
priority chemicals. Appropriate measures to minimize discharges of 
Section 313 chemicals may include the placement and maintenance of drip 
pans (including the proper disposal of materials collected in the drip 
pans) where spillage may occur (such as hose connections, hose reels, 
and filler nozzles) when making and breaking hose connections; a strong 
spill contingency and integrity testing plan; and/or other equivalent 
measures.
    (4) Other Transfer, Process, or Handling Areas. Processing 
equipment and materials handling equipment must be operated to minimize 
discharges of Section 313 water priority chemicals. 

[[Page 50820]]
Materials used in piping and equipment must be compatible with the 
substances handled. Drainage from process and materials handling areas 
must minimize storm water contact with Section 313 water priority 
chemicals. Additional protection such as covers or guards to prevent 
exposure to wind, spraying or releases from pressure relief vents to 
prevent a discharge of Section 313 water priority chemicals to the 
drainage system, and overhangs or door skirts to enclose trailer ends 
at truck loading/unloading docks must be provided as appropriate. 
Visual inspections or leak tests must be provided for overhead piping 
conveying Section 313 water priority chemicals without secondary 
containment.
    c. Today's permit allows facilities to provide a certification, 
signed in accordance with Part VII.G. (signatory requirements) of this 
permit, that all Section 313 water priority chemicals handled and/or 
stored onsite are only in gaseous or non-soluble liquid or solid (at 
atmospheric pressure and temperature) forms in lieu of the additional 
requirements in Part VI.E.2 of today's permit. By allowing such a 
certification, EPA hopes to limit the application of the special 
requirements Part IV.E.2. of the permit to those facilities with 313 
water priority chemicals that truly have the potential to contaminate 
storm water discharges associated with industrial activity.
3. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity From Salt Storage Facilities
    Today's general permit contains special requirements for storm 
water discharges associated with industrial activity from salt storage 
facilities. Storage piles of salt used for deicing or other commercial 
or industrial purposes must be enclosed or covered to prevent exposure 
to precipitation, except for exposure resulting from adding or removing 
materials from the pile. This requirement only applies to runoff from 
storage piles discharged to waters of the United States. Facilities 
that collect all of the runoff from their salt piles and reuse it in 
their processes or discharge it subject to a separate NPDES permit do 
not need to enclose or cover their piles. Permittees must comply with 
this requirement as expeditiously as practicable, but in no event later 
than 3 years from the date of permit issuance.
    These special requirements have been included in today's permit 
based on human health and aquatic effects resulting from storm water 
runoff from salt storage piles compounded with the prevalence of salt 
storage piles across the United States.
4. Consistency With Other Plans
    Storm water pollution prevention plans may reference the existence 
of other plans for Spill Prevention Control and Countermeasure (SPCC) 
plans developed for the facility under Section 311 of the CWA or Best 
Management Practices (BMP) Programs otherwise required by an NPDES 
permit for the facility as long as such requirement is incorporated 
into the storm water pollution prevention plan.

E. Monitoring and Reporting Requirements

    The permit contains three general types of monitoring requirements: 
analytical monitoring or chemical monitoring; compliance monitoring for 
effluent guidelines compliance, and visual examinations of storm water 
discharges. This section provides a general description of each of 
these types of monitoring. Actual monitoring requirements for a given 
facility under the permit will vary depending upon the industrial 
activities that occur at a facility and the criteria for determining 
monitoring used to develop the permit. Table 3 lists the sections of 
the permit and of this fact sheet that describe the monitoring 
requirements as they apply to the specific industrial activities 
eligible for coverage under the permit. These are minimum monitoring 
requirements and if a permittee so chooses, he may conduct additional 
sampling to acquire more data to improve the statistical validity of 
the results. Through increased analytical or visual monitoring the 
permittee may be able to better ascertain the effectiveness of their 
pollution prevention plan.
    Analytical monitoring requirements involve laboratory chemical 
analyses of samples collected by the permittee. The results of the 
analytical monitoring are quantitative concentration values for 
different pollutants, which can be easily compared to the results from 
other sampling events, other facilities, or to National benchmarks. 
Section VI.E.1. describes the analytical monitoring requirements and 
the process and criteria by which an industry sector or subsector was 
selected for analytical monitoring. Compliance monitoring requirements 
are imposed under today's permit to insure that discharges subject to 
numerical effluent limitations under the storm water effluent 
limitations guidelines are in compliance with those limitations. The 
compliance monitoring requirements are explained in Section VI.E.2.
    Visual examinations of storm water discharges are the least 
burdensome type of monitoring requirement under the permit. Almost all 
of the industrial activities are required to perform visual 
examinations of their storm water discharges when they are occurring on 
a quarterly basis. Visual examinations are described in Section VI.E.8.

              Table 3.--Storm Water Monitoring Requirements             
------------------------------------------------------------------------
                                                               Permit   
                                   Section of fact sheet      section   
      Industrial activity          describing monitoring     describing 
                                       requirements          monitoring 
                                                            requirements
------------------------------------------------------------------------
Timber Products Facilities*....  VIII.A.8                  XI.A.5.      
Paper and Allied Products        VIII.B.7                  XI.B.5.      
 Manufacturing Facilities*.                                             
Chemical and Allied Products     VIII.C.8                  XI.C.5.      
 Manufacturing Facilities*.                                             
Asphalt Paving and Roofing       VIII.D.5                  XI.D.5.      
 Materials Manufacturers and                                            
 Lubricant Manufacturers*.                                              
Glass, Clay, Cement, Concrete,   VIII.E.7                  XI.E.5.      
 and Gypsum Product                                                     
 Manufacturing Facilities*.                                             
Primary Metals Facilities*.....  VIII.F.7                  XI.F.5.      
Metal Mining (Ore Mining and     VIII.G.8                  XI.G.5.      
 Dressing) Facilities*.                                                 
Coal Mines and Coal Mining-      VIII.H.6                  XI.H.5.      
 Related Facilities*.                                                   
Oil and Gas Extraction           VIII.I.7                  XI.I.5.      
 Facilities*.                                                           
Mineral Mining and Processing    VIII.J.6                  XI.J.5.      
 Facilities*.                                                           
Hazardous Waste Treatment,       VIII.K.7                  XI.K.5.      
 Storage, or Disposal                                                   
 Facilities*.                                                           
Landfills and Land Application   VIII.L.6                  XI.L.5.      
 Sites*.                                                                

[[Page 50821]]
                                                                        
Automobile Salvage Yards*......  VIII.M.6                  XI.M.5.      
Scrap and Waste Recycling        VIII.N.6                  XI.N.5.      
 Facilities*.                                                           
Steam Electric Power Generating  VIII.O.6                  XI.O.5.      
 Facilities, Including Coal                                             
 Handling Areas*.                                                       
Vehicle Maintenance or           VIII.P.6                  XI.P.5       
 Equipment Cleaning Areas at                                            
 Motor Freight Transportation                                           
 Facilities, Passenger                                                  
 Transportation Facilities,                                             
 Petroleum Bulk Oil Stations                                            
 and Terminals, Rail                                                    
 Transportation Facilities, and                                         
 the United States Postal                                               
 Service Transportation                                                 
 Facilities.                                                            
Vehicle Maintenance Areas and/   VIII.Q.6                  XI.Q.5.      
 or Equipment Cleaning                                                  
 Operations at Water                                                    
 Transportation Facilities*.                                            
Ship and Boat Building or        VIII.R.6                  XI.R.5.      
 Repairing Yards.                                                       
Vehicle Maintenance Areas,       VIII.S.6                  XI.S.5.      
 Equipment Cleaning Areas, or                                           
 Deicing Areas Located at Air                                           
 Transportation Facilities*.                                            
Treatment Works*...............  VIII.T.6                  XI.T.5.      
Food and Kindred Products        VIII.U.5                  XI.U.5.      
 Facilities*.                                                           
Textile Mills, Apparel, and      VIII.V.6                  XI.V.5.      
 Other Fabric Product                                                   
 Manufacturing Facilities*.                                             
Wood and Metal Furniture and     VIII.W.5                  XI.W.5.      
 Fixture Manufacturing                                                  
 Facilities.                                                            
Printing and Publishing          VIII.X.7                  XI.X.5.      
 Facilities.                                                            
Rubber, Miscellaneous Plastic    VIII.Y.7                  XI.Y.5.      
 Products, and Miscellaneous                                            
 Manufacturing Industries*.                                             
Leather Tanning and Finishing    VIII.Z.7                  XI.Z.5.      
 Facilities.                                                            
Fabricated Metal Products        VIII.AA.7                 XI.AA.5.     
 Industry*.                                                             
Facilities That Manufacture      VIII.AB.7                 XI.AB.5.     
 Transportation Equipment,                                              
 Industrial, or Commercial                                              
 Machinery.                                                             
Facilities That Manufacture      VIII.AC.7                 XI.AC.5.     
 Electronic and Electrical                                              
 Equipment and Components,                                              
 Photographic and Optical Goods.                                        
------------------------------------------------------------------------
* Denotes a sector that contains analytical monitoring requirements for 
  an entire sector or a subsector.                                      


1. Analytical Monitoring Requirements.
    Today's permit requires analytical monitoring for discharges from 
certain classes of industrial facilities. EPA believes that industries 
may reduce the level of pollutants in storm water runoff from their 
sites through the development and proper implementation of a storm 
water pollution prevention plan discussed in today's permit. Analytical 
monitoring is a means by which to measure the concentration of a 
pollutant in a storm water discharge. Analytical results are 
quantitative and therefore can be used to compare results from 
discharge to discharge and to quantify the improvement in storm water 
quality attributable to the storm water pollution prevention plan, or 
to identify a pollutant that is not being successfully controlled by 
the plan. EPA realizes there are greater cost burdens associated with 
analytical monitoring in comparison to visual examinations. Today's 
permit only requires analytical monitoring for the industry sectors or 
subsectors that demonstrated a potential to discharge pollutants at 
concentrations of concern.
    To determine the industry sectors and subsectors that would be 
subject to analytical monitoring requirements contained in the sections 
listed in Table 3, EPA reviewed the data submitted in the group 
application process. First, EPA divided the Part 1 and Part 2 
application data by the industry sectors listed in Table 3. Where a 
sector was found to contain a wide range of industrial activities or 
potential pollutant sources, it was further subdivided into the 
industry subsectors listed in Table 4. Next, EPA reviewed the 
information submitted in Part 1 of the group applications regarding the 
industrial activities, significant materials exposed to storm water, 
and the material management measures employed. This information helped 
identify potential pollutants that may be present in the storm water 
discharges. Then, EPA entered into a database, the sampling data 
submitted in Part 2 of the group applications. That data was arrayed 
according to industrial sector and subsector for the purposes of 
determining when analytical monitoring would be appropriate. Data 
received by EPA prior to January 1, 1993 (three months after the 
application deadline) were entered into EPA's database. Some additional 
data that was submitted even after January 1, 1993 was also entered 
into the database to bolster the data set for some sectors or 
subsectors (e.g., the auto salvage industry). All data submitted even 
later by group applicants which was not loaded into the database was 
reviewed by EPA during development of the permit. EPA notes that 
preliminary copies of the database were distributed to the public upon 
request in advance of a complete screening of the quality of the data 
set. These copies of the database contained a variety of errors that 
were screened and removed prior to EPA statistical analysis and 
evaluation of the results. The results of the statistical analyses are 
presented in the appropriate section of the fact sheet referenced in 
Table 3.

              Table 4.--Sector/Subsector Division of Group Applicants for Analyses of Sampling Data             
----------------------------------------------------------------------------------------------------------------
      Subsector             SIC code                                Activity represented                        
----------------------------------------------------------------------------------------------------------------
                                            Sector A. Timber Products                                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  2421                  General Sawmills and Planning Mills.                                
2...................  2491                  Wood Preserving.                                                    
3*..................  2411                  Log Storage and Handling.                                           
4*..................  2426                  Hardwood Dimension and Flooring Mills.                              

[[Page 50822]]
                                                                                                                
                      2429                  Special Product Sawmills, Not Elsewhere Classified.                 
                      243X                  Millwork, Veneer, Plywood, and Structural Wood.                     
                      244X                  Wood Containers.                                                    
                      245X                  Wood Buildings and Mobile Homes.                                    
                      2493                  Reconstituted Wood Products.                                        
                      2499                  Wood Products, Not Elsewhere Classified.                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                Sector B. Paper and Allied Products Manufacturing                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  261X                  Pulp Mills.                                                         
2...................  262X                  Paper Mills.                                                        
3*..................  263X                  Paperboard Mills.                                                   
4...................  265X                  Paperboard Containers and Boxes.                                    
5...................  267X                  Converted Paper and Paperboard Products, Except Containers and      
                                             Boxes.                                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                              Sector C. Chemical and Allied Products Manufacturing.                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  281X                  Industrial Inorganic Chemicals.                                     
2*..................  282X                  Plastics Materials and Synthetic Resins, Synthetic Rubber,          
                                             Cellulosic and Other Manmade Fibers Except Glass.                  
3...................  283X                  Drugs.                                                              
4*..................  284X                  Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics,  
                                             and Other Toilet Preparations.                                     
5...................  285X                  Paints, Varnishes, Lacquers, Enamels, and Allied Products.          
6...................  286X                  Industrial Organic Chemicals.                                       
7*..................  287X                  Agricultural Chemicals.                                             
8...................  289X                  Miscellaneous Chemical Products.                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
            Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  295X                  Asphalt Paving and Roofing Materials.                               
2...................  299X                  Miscellaneous Products of Petroleum and Coal.                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                    Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing                   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  321X                  Flat Glass.                                                         
                      322X                  Glass and Glassware, Pressed or Blown.                              
                      323X                  Glass Products Made of Purchased Glass.                             
2...................  324X                  Hydraulic Cement.                                                   
3*..................  325X                  Structural Clay Products.                                           
                      326X                  Pottery and Related Products.                                       
                      3297                  Non-Clay Refractories.                                              
4*..................  327X                  Concrete, Gypsum and Plaster Products.                              
                      3295                  Minerals and Earth's, Ground, or Otherwise Treated.                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                            Sector F. Primary Metals                                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  331X                  Steel Works, Blast Furnaces, and Rolling and Finishing Mills.       
2*..................  332X                  Iron and Steel Foundries.                                           
3...................  333X                  Primary Smelting and Refining of Nonferrous Metals.                 
4...................  334X                  Secondary Smelting and Refining of Nonferrous Metals.               
5*..................  335X                  Rolling, Drawing, and Extruding of Nonferrous Metals.               
6*..................  336X                  Nonferrous Foundries (Castings).                                    
7...................  339X                  Miscellaneous Primary Metal Products.                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                Sector G. Metal Mining (Ore Mining and Dressing)                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  101X                  Iron Ores.                                                          
2*..................  102X                  Copper Ores.                                                        
3...................  103X                  Lead and Zinc Ores.                                                 
4...................  104X                  Gold and Silver Ores.                                               
5...................  106X                  Ferroalloy Ores, Except Vanadium.                                   
6...................  108X                  Metal Mining Services.                                              
7...................  109X                  Miscellaneous Metal Ores.                                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                             Sector H. Coal Mines and Coal Mining-Related Facilities                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  12XX                  Coal Mines and Coal Mining-Related Facilities.                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 50823]]
                                                                                                                
                                        Sector I. Oil and Gas Extraction                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  131X                  Crude Petroleum and Natural Gas.                                    
2...................  132X                  Natural Gas Liquids.                                                
3*..................  138X                  Oil and Gas Field Services.                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                      Sector J. Mineral Mining and Dressing                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  141X                  Dimension Stone.                                                    
                      142X                  Crushed and Broken Stone, Including Rip Rap.                        
                      148X                  Nonmetallic Minerals, Except Fuels.                                 
2*..................  144X                  Sand and Gravel.                                                    
3...................  145X                  Clay, Ceramic, and Refractory Materials.                            
4...................  147X                  Chemical and Fertilizer Mineral Mining.                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                        Sector K. Hazardous Waste Treatment Storage or Disposal Facilities                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  NA                    Hazardous Waste Treatment Storage or Disposal.                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                 Sector L. Landfills and Land Application Sites                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  NA                    Landfills and Land Application Sites.                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Sector M. Automobile Salvage Yards                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  5015                  Automobile Salvage Yards.                                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Sector N. Scrap Recycling Facilities                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  5093                  Scrap Recycling Facilities.                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                  Sector O. Steam Electric Generating Facilities                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  NA                    Steam Electric Generating Facilities.                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                          Sector P. Land Transportation                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  40XX                  Railroad Transportation.                                            
2...................  41XX                  Local and Highway Passenger Transportation.                         
3...................  42XX                  Motor Freight Transportation and Warehousing.                       
4...................  43XX                  United States Postal Service.                                       
5...................  5171                  Petroleum Bulk Stations and Terminals.                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                          Sector Q. Water Transportation                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  44XX                  Water Transportation.                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                               Sector R. Ship and Boat Building or Repairing Yards                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  373X                  Ship and Boat Building or Repairing Yards.                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                     Sector S. Air Transportation Facilities                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  45XX                  Air Transportation Facilities.                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                            Sector T. Treatment Works                                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA*.................  NA                    Treatment Works.                                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Sector U. Food and Kindred Products                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  201X                  Meat Products.                                                      
2...................  202X                  Dairy Products.                                                     
3...................  203X                  Canned, Frozen and Preserved Fruits, Vegetables and Food            
                                             Specialties.                                                       
4*..................  204X                  Grain Mill Products.                                                

[[Page 50824]]
                                                                                                                
5...................  205X                  Bakery Products.                                                    
6...................  206X                  Sugar and Confectionery Products.                                   
7*..................  207X                  Fats and Oils.                                                      
8...................  208X                  Beverages.                                                          
9...................  209X                  Miscellaneous Food Preparations and Kindred Products.               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                    Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1...................  22XX                  Textile Mill Products.                                              
2...................  23XX                  Apparel and Other Finished Products Made From Fabrics and Similar   
                                             Materials.                                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                        Sector W. Furniture and Fixtures                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  25XX                  Furniture and Fixtures.                                             
                      2434                  Wood Kitchen Cabinets.                                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                        Sector X. Printing and Publishing                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  27XX                  Printing and Publishing.                                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
           Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  301X                  Tires and Inner Tubes.                                              
                      302X                  Rubber and Plastics Footwear.                                       
                      305X                  Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose  
                                             and Belting.                                                       
                      306X                  Fabricated Rubber Products, Not Elsewhere Classified.               
2...................  308X                  Miscellaneous Plastics Products.                                    
                      393X                  Musical Instruments.                                                
                      394X                  Dolls, Toys, Games and Sporting and Athletic Goods.                 
                      395X                  Pens, Pencils, and Other Artists' Materials.                        
                      396X                  Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous      
                                             Notions, Except Precious Metal.                                    
                      399X                  Miscellaneous Manufacturing Industries.                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                     Sector Z. Leather Tanning and Finishing                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  311X                  Leather Tanning and Finishing.                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                      Sector AA. Fabricated Metal Products                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1*..................  342X                  Cutlery, Handtools, and General Hardware.                           
                      344X                  Fabricated Structural Metal Products.                               
                      345X                  Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washer.
                      346X                  Metal Forgings and Stampings.                                       
                      3471                  Electroplating, Plating, Polishing, Anodizing, and Coloring.        
                      349X                  Miscellaneous Fabricated Metal Products.                            
                      391X                  Jewelry, Silverware, and Plated Ware.                               
2*..................  3479                  Coating, Engraving, and Allied Services.                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                     Sector AB. Transportation Equipment, Industrial or Commercial Machinery                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  35XX                  Industrial and Commercial Machinery.                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                        Sector AC. Electronic, Electrical, Photographic and Optical Goods                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
NA..................  36XX                  Electronic, Electrical.                                             
                      38XX                  Measuring, Analyzing and Controlling Instrument; Photographic and   
                                             Optical Goods.                                                     
----------------------------------------------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements.                                         
NA indicated those industry sectors in which subdivision into subsectors was determined to be not applicable.   


    To conduct a comparison of the results of the statistical analyses 
to determine when analytical monitoring would be required, EPA 
established ``benchmark'' concentrations for the pollutant parameters 
on which monitoring results had been received. The ``benchmarks'' are 
the pollutant concentrations above which EPA determined represents a 
level of concern. The level of concern is a concentration at which a 
storm water discharge could potentially impair, or contribute to 
impairing water quality or affect human health from ingestion of 

[[Page 50825]]
water or fish. The benchmarks are also viewed by EPA as a level, that 
if below, a facility represents little potential for water quality 
concern. As such, the benchmarks also provide an appropriate level to 
determine whether a facility's storm water pollution prevention 
measures are successfully implemented. The benchmark concentrations are 
not effluent limitations and should not be interpreted or adopted as 
such. These values are merely levels which EPA has used to determine if 
a storm water discharge from any given facility merits further 
monitoring to insure that the facility has been successful in 
implementing a storm water pollution prevention plan. As such these 
levels represent a target concentration for a facility to achieve 
through implementation of pollution prevention measures at the 
facility. Table 5 lists the parameter benchmark values.
    As can be seen in Table 5, benchmark concentrations were determined 
based upon a number of existing standards or other sources to represent 
a level above which water quality concerns could arise. EPA has also 
sought to develop values which can realistically be measured and 
achieved by industrial facilities. Moreover, storm water discharges 
with pollutant concentrations occurring below these levels would not 
warrant further analytical monitoring due to their de minimis potential 
effect on water quality.
    The primary source of benchmark concentrations is EPA's National 
Water Quality Criteria, published in 1986 (often referred to as the 
``Gold Book''). For the majority of the benchmarks, EPA chose to use 
the acute aquatic life, fresh water ambient water quality criteria. 
These criteria represent maximum concentration values for a pollutant, 
above which, could cause acute effects on aquatic life such as 
mortality in a short period of time. Where acute criteria values were 
not available, EPA used the lowest observed effect level (LOEL) acute 
fresh water value. The LOEL values represent the lowest concentration 
of a pollutant that results in an adverse effect over a short period of 
time. These two acute freshwater values were selected as benchmark 
concentrations if the value was not below the approved method detection 
limit as listed in 40 CFR Part 136 and the value was not substantially 
above the concentration which EPA believes a facility can attain 
through the implementation of a storm water pollution prevention plan. 
These acute freshwater values best represent, on a national basis, the 
highest concentrations at which typical fresh water species can survive 
exposures of pollutants for short durations (i.e., a storm discharge 
event).
    Acute freshwater criteria do not exist for a number of parameters 
on which EPA received data. For these parameters, EPA selected 
benchmark values from several other references. The benchmark 
concentrations for five day biochemical oxygen demand (BOD5) and 
for pH are determined based upon the secondary wastewater treatment 
regulations (40 CFR 133.102). EPA believes that the BOD5 value of 
30 mg/L is a reasonable concentration below which adverse effects in 
receiving waters under wet weather flow conditions should not occur. 
EPA also believes, that given group application data on BOD5, this 
value should be readily achievable by industrial storm water 
dischargers. The benchmark value for pH is a range of 6.0-9.0 standard 
units. EPA believes this level, given the group application data, is 
reasonably achievable by industrial storm water dischargers and 
represents and acceptable range within which aquatic life impacts will 
not occur. The benchmark concentration for chemical oxygen demand (COD) 
is based upon the State of North Carolina benchmark values for storm 
water discharges, and is a factor of four times the BOD5 benchmark 
concentration. EPA has concluded that COD is generally discharged in 
domestic wastewater at four times the concentration of BOD5 
without causing adverse impacts on aquatic life. EPA selected the 
median concentration from the National Urban Runoff Program as the 
benchmark for total suspended solids (TSS) and for nitrate plus nitrite 
as nitrogen. EPA believes the median concentration, which is the mid-
point concentration (half the samples are above this level and half are 
below) represents concentration above which water quality concerns may 
result. For TSS a value of 100mg/L is similar to the storm water 
benchmark used by North Carolina for storm water permits, and given the 
group application data, should be readily achievable by industry with 
implementation of BMPs, many of which are designed for the purpose of 
controlling TSS. EPA also believes, given the group application data, 
that there is a relationship between TSS and the amount of exposed 
industrial activity and that industrial activities even in arid western 
States should be able to implement BMPs that will accomplish this 
benchmark. EPA selected the storm water effluent limitation guideline 
for petroleum refining facilities as the benchmark for oil and grease. 
Given the lack of an acute criteria, EPA selected the chronic fresh 
water quality criteria as the benchmark for iron. Water quality 
criteria for waterbodies in the State of North Carolina were used to 
determine benchmarks for total phosphorus and for fluoride. The 
concentration value for phosphorus was designed to prevent 
eutrophication of fresh waterbodies from storm water runoff. The 
fluoride value was designed by North Carolina to be protective of water 
quality, as was the manganese value developed by Colorado. EPA believes 
that each of these benchmark values represent a reasonable level below 
which water quality impacts should not occur and they therefore 
represent a useful level to assess whether a pollution prevention plan 
is controlling pollution in storm water discharges.
    For several other parameters, EPA chose a benchmark value base on a 
numerical adjustment of the acute fresh water quality criteria. Where 
the acute water quality criteria was below the method detection level 
for a pollutant, EPA used the ``minimum level'' (ML) as the benchmark 
concentration to ensure that the benchmark levels could be measured by 
permittees. For a few pollutants minimum levels have been published and 
these were used. For other pollutants, minimum levels need to be 
calculated. EPA calculated the minimum levels using the methodology 
described in the draft ``National Guidance for the Permitting, 
Monitoring, and Enforcement of Water Quality-based Effluent Limitations 
Set Below Analytical Detection/Quantitation Levels'' (Michael Cook, 
OWEC, March 18, 1994).
    Additionally, several organic compounds (ethylbenzene, 
fluoranthene, toluene, and trichloroethylene) have acute fresh water 
quality criteria at substantially high concentrations, much higher than 
criteria developed for the protection of human health when ingesting 
water or fish. In addition, trichloroethylene is a human carcinogen. 
Therefore, EPA selected the human health criteria as benchmarks for 
these parameters. For dimethyl phthalate and total phenols, EPA 
selected benchmark concentrations based upon existing discharge 
limitations and compliance data (no industry had median concentrations 
above the selected benchmark for these parameters and therefore no 
industry sector is required to monitor for these two pollutants).
    EPA conducted statistical analyses of the group Part 2 data for 
each parameter within every industry sector or subsector listed in 
Table 5. The 

[[Page 50826]]
pollutants, benchmark values, and source of the benchmark values are 
indicated below in Table 5.

                  Table 5.--Parameter Benchmark Values                  
------------------------------------------------------------------------
          Parameter name                 Benchmark level         Source 
------------------------------------------------------------------------
Biochemical Oxygen Demand(5).....  30 mg/L                             4
Chemical Oxygen Demand...........  120 mg/L                            5
Total Suspended Solids...........  100 mg/L                            7
Oil and Grease...................  15 mg/L                             8
Nitrate + Nitrite Nitrogen.......  0.68 mg/L                           7
Total Phosphorus.................  2.0 mg/L                            6
pH...............................  6.0-9.0 s.u.                        4
Acrylonitrile (c)................  7.55 mg/L                           2
Aluminum, Total (pH 6.5-9).......  0.75 mg/L                           1
Ammonia..........................  19 mg/L                             1
Antimony, Total..................  0.636 mg/L                          9
Arsenic, Total (c)...............  0.16854 mg/L                        9
Benzene..........................  0.01 mg/L                          10
Beryllium, Total (c).............  0.13 mg/L                           2
Butylbenzyl Phthalate............  3 mg/L                              3
Cadmium, Total (H)...............  0.0159 mg/L                         9
Chloride.........................  860 mg/L                            1
Copper, Total (H)................  0.0636 mg/L                         9
Dimethyl Phthalate...............  1.0 mg/L                           11
Ethylbenzene.....................  3.1 mg/L                            3
Fluoranthene.....................  0.042 mg/L                          3
Fluoride.........................  1.8 mg/L                            6
Iron, Total......................  1.0 mg/L                           12
Lead, Total (H)..................  0.0816 mg/L                         1
Manganese........................  1.0 mg/L                           13
Mercury, Total...................  l0.0024 mg/L                        1
Nickel, Total (H)................  1.417 mg/L                          1
PCB-1016 (c).....................  0.000127 mg/L                       9
PCB-1221 (c).....................  0.10 mg/L                          10
PCB-1232 (c).....................  0.000318 mg/L                       9
PCB-1242 (c).....................  0.00020 mg/L                       10
PCB-1248 (c).....................  0.002544 mg/L                       9
PCB-1254 (c).....................  0.10 mg/L                          10
PCB-1260 (c).....................  0.000477 mg/L                       9
Phenols, Total...................  1.0 mg/L                           11
Pyrene (PAH,c)...................  0.01 mg/L                          10
Selenium, Total (*)..............  0.2385 mg/L                         9
Silver, Total (H)................  0.0318 mg/L                         9
Toluene..........................  10.0 mg/L                           3
Trichloroethylene (c)............  0.0027 mg/L                         3
Zinc, Total (H)..................  0.065 mg/L                         1 
------------------------------------------------------------------------
Sources:                                                                
1. ``EPA Recommended Ambient Water Quality Criteria.'' Acute Aquatic    
  Life Freshwater.                                                      
2. ``EPA Recommended Ambient Water Quality Criteria.'' LOEL Acute       
  Freshwater.                                                           
3. ``EPA Recommended Ambient Water Quality Criteria.'' Human Health     
  Criteria for Consumption of Water and Organisms.                      
4. Secondary Treatment Regulations (40 CFR 133).                        
5. Factor of 4 times BOD5 concentration--North Carolina benchmark.      
6. North Carolina storm water benchmark derived from NC Water Quality   
  Standards.                                                            
7. National Urban Runoff Program (NURP) median concentration.           
8. Median concentration of Storm Water Effluent Limitation Guideline (40
  CFR Part 419).                                                        
9. Minimum Level (ML) based upon highest Method Detection Limit (MDL)   
  times a factor of 3.18.                                               
10. Laboratory derived Minimum Level (ML).                              
11. Discharge limitations and compliance data.                          
12. ``EPA Recommended Ambient Water Quality Criteria.'' Chronic Aquatic 
  Life Freshwater.                                                      
13. Colorado--Chronic Aquatic Life Freshwater--Water Quality Criteria.  
Notes:                                                                  
(*) Limit established for oil and gas exploration and production        
  facilities only.                                                      
(c) carcinogen.                                                         
(H) hardness dependent.                                                 
(PAH) Polynuclear Aromatic Hydrocarbon.                                 
Assumptions:                                                            
Receiving water temperature--20 C.                                      
Receiving water pH--7.8.                                                
Receiving water hardness CaCO3 100 mg/L.                                
Receiving water salinity 20 g/kg.                                       
Acute to Chronic Ratio (ACR)--10.                                       

    EPA prepared a statistical analysis of the sampling data for each 
pollutant parameter reported within each sector or subsector. (Only 
where EPA did not subdivide an industry sector into subsectors was an 
analysis of the entire 

[[Page 50827]]
sector's data performed.) The statistical analysis was performed 
assuming a delta log normal distribution of the sampling data within 
each sector/subsector. The analyses calculated median, mean, maximum, 
minimum, 95th, and 99th percentile concentrations for each parameter. 
The results of the analyses may be found in the appropriate section of 
Part VIII of this Fact Sheet. From this analysis, EPA was able to 
identify pollutants for further evaluation within each sector or 
subsector.
    EPA next compared the median concentration for each pollutant for 
each sector or subsector to the benchmark concentrations listed in 
Table 5. EPA also compared the other statistical results to the 
benchmarks to better ascertain the magnitude and range of the discharge 
concentrations to help identify the pollutants of concern. EPA did not 
conduct this analysis if a sector had data for a pollutant from less 
than three individual facilities. Under these circumstances, the sector 
or subsector would not have this pollutant identified as a pollutant of 
concern. This was done to ensure that a reasonable number of facilities 
represented the industry sector or subsector as a whole and that the 
analysis did not rely on data from only one facility.
    For each industry sector or subsector, parameters with a median 
concentration higher than the benchmark level were considered 
pollutants of concern for the industry and identified as potential 
pollutants for analytical monitoring under today's permit. EPA then 
analyzed the list of potential pollutants to be monitored against the 
lists of significant materials exposed and industrial activities which 
occur within each industry sector or subsector as described in the part 
I application information. Where EPA could identify a source of a 
potential pollutant which is directly related to industrial activities 
of the industry sector or subsector, the permit identifies that 
parameter for analytical monitoring. If EPA could not identify a source 
of a potential pollutant which was associated with the sector/
subsector's industrial activity, the permit does not require monitoring 
for the pollutant in that sector/subsector. Industries with no 
pollutants for which the median concentrations are higher than the 
benchmark levels are not required to perform analytical monitoring 
under this permit, with the exceptions explained below.
    In addition to the sectors and subsectors identified for analytical 
monitoring using the methods described above, EPA determined, based 
upon a review of the degree of exposure, types of materials exposed, 
special studies and in some cases inadequate sampling data in the group 
applications, that industries in the following sections of today's fact 
sheet also warrant analytical monitoring not withstanding the absence 
of data on the presence or absence of certain pollutants in the group 
applications: VIII.K.7 (hazardous waste treatment storage and disposal 
facilities), and VIII.S.6 (airports which use more than 100,000 gallons 
per year of glycol-based fluids or 100 tons of urea for deicing). These 
industries are required to perform analytical monitoring under the 
permit due to the high potential for contamination of storm water 
discharge, which EPA believes was not adequately characterized by group 
applicants in the information they provided in the group application 
process.
    All facilities within an industry sector or subsector identified 
for analytical monitoring must, at a minimum, monitor their storm water 
discharges during the second year of permit coverage, unless the 
facility exercises the Alternative Certification described in Section 
VI.E.3 of this fact sheet. At the end of the second year of permit 
coverage, a facility must calculate the average concentration for each 
parameter for which the facility is required to monitor. If the 
permittee collects more than four samples in this period, then they 
must calculate an average concentration for each pollutant of concern 
for all samples analyzed. Monitoring must be conducted for the same 
storm water discharge outfall in each sampling period. Where a given 
storm water discharge is addressed by more than one sector/subsector's 
monitoring requirements, then the monitoring requirements for the 
applicable sector's/subsector's activities are cumulative. Therefore, 
if a particular discharge fits under more than one set of monitoring 
requirements, the facility must comply with all sets of sampling 
requirements. Monitoring requirements must be evaluated on an outfall-
by-outfall basis.
    If the average concentration for a pollutant parameter is less than 
or equal to the benchmark value, then the permittee is not required to 
conduct analytical monitoring for that pollutant during the fourth year 
of the permit. If, however, the average concentration for a pollutant 
is greater than the benchmark value, then the permittee is required to 
conduct quarterly monitoring for that pollutant during the fourth year 
of permit coverage. Analytical monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
analytical monitoring in the fourth year of the permit is conditional 
on the facility maintaining industrial operations and BMPs that will 
ensure a quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit.
2. Compliance Monitoring
    In addition to the analytical monitoring requirements for certain 
sectors, today's permit contains monitoring requirements for discharges 
which are subject to effluent limitations. These discharges must be 
sampled annually and tested for the parameters which are limited by the 
permit. Discharges subject to compliance monitoring include: coal pile 
runoff, contaminated runoff from phosphate fertilizer manufacturing 
facilities, runoff from asphalt paving and roofing emulsion production 
areas, material storage pile runoff from cement manufacturing 
facilities, and mine dewatering discharges from crushed stone, 
construction sand and gravel, and industrial sand mines located in 
Texas, Louisiana, Oklahoma, New Mexico, and Arizona. All samples are to 
be grabs taken within the first 30 minutes of discharge where 
practicable, but in no case later than the first hour of discharge. 
Where practicable, the samples shall be taken from the discharges 
subject to the numeric effluent limitations prior to mixing with other 
discharges.
    Monitoring for these discharges is required to determine compliance 
with numeric effluent limitations. Furthermore, discharges covered 
under today's permit which are subject to numeric effluent limitations 
are not eligible for the alternative certification in Part VI.E.3. of 
this fact sheet.
3. Alternate Certification
     Throughout today's permit, EPA has included monitoring 
requirements for facilities which the Agency believes have the 
potential for contributing significant levels of pollutants to storm 
water discharges. The alternative certification described below is 
included in the permit to ensure that monitoring requirements are only 
imposed on those facilities which do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if there are no sources of a pollutant exposed to storm 
water at the site then the potential for that pollutant to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the analytical monitoring 


[[Page 50828]]
requirements provided the discharger makes a certification for a given 
outfall, on a pollutant-by-pollutant basis, that material handling 
equipment or activities, raw materials, intermediate products, final 
products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity that 
are located in areas of the facility that are within the drainage area 
of the outfall are not presently exposed to storm water and will not be 
exposed to storm water for the certification period. Such certification 
must be retained in the storm water pollution prevention plan, and 
submitted to EPA in lieu of monitoring reports required under Part XI 
of the permit. The permittee is required to complete any and all 
sampling until the exposure is eliminated. If the facility is reporting 
for a partial year, the permittee must specify the date exposure was 
eliminated. If the permittee is certifying that a pollutant was present 
for part of the reporting period, nothing relieves the permittee from 
the responsibility to sample that parameter up until the exposure was 
eliminated and it was determined that no significant materials 
remained. This certification is not to be confused with the low 
concentration sampling waiver. The test for the application of this 
certification is whether the pollutant is exposed, or can be expected 
to be present in the storm water discharge. If the facility does not 
and has not used a parameter, or if exposure is eliminated and no 
significant materials remain, then the facility can exercise this 
certification.
    The permit does not allow facilities with discharges subject to 
numeric effluent limitations to submit alternative certification in 
lieu of the compliance monitoring requirements in Sections VI.C., 
XI.C.6., XI.D.5., XI.E.5., and XI.J.5. The permit also does not allow 
air transportation facilities subject to the analytical monitoring 
requirements under Section XI.S.5. to exercise an alternative 
certification.
    A facility is not precluded from exercising the alternative 
certification in lieu of analytical monitoring requirements in the 
fourth year of permit coverage, even if that facility failed to qualify 
for a low concentration waiver in year two. EPA encourages facilities 
to eliminate exposure of industrial activities and significant 
materials where practicable.
4. Reporting and Retention Requirements
    Permittees are required to submit all analytical monitoring results 
obtained during the second and fourth year of permit coverage within 
three months of the conclusion of the second and fourth year of 
coverage of the permit. For each outfall, one Discharge Monitoring 
Report Form must be submitted per storm event sampled. For facilities 
conducting monitoring beyond the minimum requirements an additional 
Discharge Monitoring Report Form must be filed for each analysis. The 
permittee must include a measurement or estimate of the total 
precipitation, volume of runoff, and peak flow rate of runoff for each 
storm event sampled. Permittees subject to compliance monitoring 
requirements are required to submit all compliance monitoring results 
annually on the 28th day of the month following the anniversary of the 
publication of this permit. Compliance monitoring results must be 
submitted on signed Discharge Monitoring Report Forms. For each 
outfall, one Discharge Monitoring Report form must be submitted for 
each storm event sampled.
    Permittees are not required to submit records of the visual 
examinations of storm water discharges unless specifically asked to do 
so by the Director. Records of the visual examinations must be 
maintained at the facility. Records of visual examination of storm 
water discharge need not be lengthy. Permittees may prepare typed or 
hand written reports using forms or tables which they may develop for 
their facility. The report need only document: the date and time of the 
examination; the name of the individual making the examination; and any 
observations of color, odor, clarity, floating solids, suspended 
solids, foam, oil sheen, and other obvious indicators of storm water 
pollution.
    The location for submittal of all reports is contained in the 
permit. Consistent with Office of Management and Budget Circular A-105, 
facilities located on the following Federal Indian Reservations, which 
cross EPA Regional boundaries, should note that permitting authority 
for such lands is consolidated in one single EPA Region.
    a. Duck Valley Reservations lands, located in Regions IX and X, are 
handled by Region IX.
    b. Fort McDermitt Reservation lands, located in Regions IX and X, 
are handled by Region IX.
    c. Goshute Reservation lands, located in Regions VIII and IX, are 
handled by Region IX.
    d. Navajo Reservation lands, located in Regions VI, VIII, and IX, 
are handled by Region IX.
    e. Ute Mountain Reservation lands, located in Regions VI and VIII, 
are handled Region VIII (no areas in Region VIII are receiving coverage 
under this permit).
    Pursuant to the requirements of 40 CFR 122.41(j), today's permit 
requires permittees to retain all records for a minimum of 3 years from 
the date of the sampling, examination, or other activity that generated 
the data.
5. Sample Type
    The discussion below is a general description of the sample type 
required for monitoring under today's permit. Certain industries have 
different requirements, however, so permittees should check the 
industry-specific requirements in Part XI. of today's permit to confirm 
these requirements. Grab samples may be used for all monitoring unless 
otherwise stated. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval may be waived by the permittee where the 
preceding measurable storm event did not result in a measurable 
discharge from the facility. The 72-hour requirement may also be waived 
by the permittee where the permittee documents that less than a 72-hour 
interval is representative for local storm events during the season 
when sampling is being conducted. The grab sample must be taken during 
the first 30 minutes of the discharge. If the collection of a grab 
sample during the first 30 minutes is impracticable, a grab sample can 
be taken during the first hour of the discharge, and the discharger 
must submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable. A minimum of one 
grab is required. Where the discharge to be sampled contains both storm 
water and non-storm water, the facility shall sample the storm water 
component of the discharge at a point upstream of the location where 
the non-storm water mixes with the storm water, if practicable.
6. Representative Discharge
    The permit allows permittees to use the substantially identical 
outfalls to reduce their monitoring burden. This representative 
discharge provision provides facilities with multiple storm water 
outfalls, a means for reducing the number of outfalls that must be 
sampled and analyzed. This may result in a substantial reduction of the 
resources required for a facility to comply with analytical monitoring 
requirements. When a facility has two or more outfalls 

[[Page 50829]]
that, based on a consideration of industrial activity, significant 
materials, and management practices and activities within the area 
drained by the outfall, the permittee reasonably believes discharge 
substantially identical effluents, the permittee may test the effluent 
of one of such outfalls and report that the quantitative data also 
applies to the substantially identical outfalls provided that the 
permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explaining in detail 
why the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
65 percent)) shall be provided in the plan. Facilities that select and 
sample a representative discharge are prohibited from changing the 
selected discharge in future monitoring periods unless the selected 
discharge ceases to be representative or is eliminated. Permittees do 
not need EPA approval to claim discharges are representative, provided 
they have documented their rationale within the storm water pollution 
prevention plan. However, the Director may determine the discharges are 
not representative and require sampling of all non-identical outfalls.
    The representative discharge provision in the permit is available 
to almost all facilities subject to the analytical monitoring 
requirements (not including compliance monitoring for effluent 
guideline limit compliance purposes) and to facilities subject to 
visual examination requirements.
    The representative discharge provisions described above are 
consistent with Section 5.2 of NPDES Storm Water Sampling Guidance 
Document (EPA 833-B-92-001, July 1992).
7. Sampling Waiver
    a. Adverse Weather Conditions. The permit allows for temporary 
waivers from sampling based on adverse climatic conditions. This 
temporary sampling waiver is only intended to apply to insurmountable 
weather conditions such as drought or dangerous conditions such as 
lightning, flash flooding, or hurricanes. These events tend to be 
isolated incidents and should not be used as an excuse for not 
conducting sampling under more favorable conditions associated with 
other storm events. The sampling waiver is not intended to apply to 
difficult logistical conditions, such as remote facilities with few 
employees or discharge locations which are difficult to access. When a 
discharger is unable to collect samples within a specified sampling 
period due to adverse climatic conditions, the discharger shall collect 
a substitute sample from a separate qualifying event in the next 
sampling period as well as a sample for the routine monitoring required 
in that period. Both samples should be analyzed separately and the 
results of that analysis submitted to EPA. Permittees are not required 
to obtain advance approval for sampling waivers.
    b. Unstaffed and Inactive Sites--Chemical Waiver. The permit allows 
for a waiver from sampling for facilities that are both inactive and 
unstaffed. This waiver is only intended to apply to these types of 
facilities when the ability to conduct sampling would be severely 
hindered and result in the inability to meet the time and 
representative rainfall sampling specifications. This sampling waiver 
is not intended to apply to remote facilities that are active and 
staffed, or typical difficult logistical conditions. When a discharger 
is unable to collect samples as specified in this permit, the 
discharger shall certify to the Director in the DMR that the facility 
is unstaffed and inactive and the ability to conduct samples within the 
specifications is not possible. Permittees are not required to obtain 
advance approval for this waiver.
    c. Unstaffed and Inactive Sites--Visual Waiver. The permit allows 
for a waiver from sampling for facilities that are both inactive and 
unstaffed. This waiver is only intended to apply to these types of 
facilities when the ability to conduct visual examinations would be 
severely hindered and result in the inability to meet the time and 
representative rainfall sampling specifications. This sampling waiver 
is not intended to apply to remote facilities that are active and 
staffed, or typical difficult logistical conditions. When a discharger 
is unable to perform visual examinations as specified in this permit, 
the discharger shall maintain on site with the pollution prevention 
plan a certification stating that the facility is unstaffed and 
inactive and the ability to perform visual examinations within the 
specifications is not possible. Permittees are not required to obtain 
advance approval for visual examination waivers.
8. Quarterly Visual Examination of Storm Water Quality
    In order to provide a tool for evaluating the effectiveness of the 
pollution prevention plan, the permit requires the majority of 
industries covered under today's permit to perform quarterly visual 
examinations of storm water discharges. EPA believes these visual 
examinations will assist with the evaluation of the pollution 
prevention plan. This section provides a general description of the 
monitoring and reporting requirements under today's permit. The visual 
examination provides a simple, low cost means of assessing the quality 
of storm water discharge with immediate feedback. Most facilities 
covered under today's permit are required to conduct a quarterly visual 
examination of storm water discharges associated with industrial 
activity from each outfall, except discharges exempted under the 
representative discharge provision. The visual examination of storm 
water outfalls should include any observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, or 
other obvious indicators of storm water pollution. No analytical tests 
are required to be performed on these samples.
    The examination of the sample must be made in well lit areas. The 
visual examination is not required if there is insufficient rainfall or 
snow-melt to runoff or if hazardous conditions prevent sampling. 
Whenever practicable the same individual should carry out the 
collection and examination of discharges throughout the life of the 
permit to ensure the greatest degree of consistency possible in 
recording observations. Grab samples for the examination shall be 
collected within the first 30 minutes (or as soon thereafter as 
practical, but not to exceed 1 hour) of when the runoff begins 
discharging. Reports of the visual examination include: the examination 
date and time, examination personnel, visual quality of the storm water 
discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained on 
site with the pollution prevention plan.
    When conducting a storm water visual examination, the pollution 
prevention team, or team member, should attempt to relate the results 
of the examination to potential sources of storm water contamination on 
the site. For example, if the visual examination reveals an oil sheen, 
the facility personnel (preferably members of the pollution prevention 
team) should conduct an inspection of the area of the site draining to 
the examined discharge to look for obvious sources of spilled oil, 
leaks, etc. If a source can be located, then this information allows 
the facility 

[[Page 50830]]
operator to immediately conduct a clean-up of the pollutant source, 
and/or to design a change to the pollution prevention plan to eliminate 
or minimize the contaminant source from occurring in the future.
    To be most effective, the personnel conducting the visual 
examination should be fully knowledgeable about the storm water 
pollution prevention plan, the sources of contaminants on the site, the 
industrial activities conducted exposed to storm water and the day to 
day operations that may cause unexpected pollutant releases.
    Other examples include; if the visual examination results in an 
observation of floating solids, the personnel should carefully examine 
the solids to see if they are raw materials, waste materials or other 
known products stored or used at the site. If an unusual color or odor 
is sensed, the personnel should attempt to compare the color or odor to 
the colors or odors of known chemicals and other materials used at the 
facility. If the examination reveals a large amount of settled solids, 
the personnel may check for unpaved, unstabilized areas or areas of 
erosion. If the examination results in a cloudy sample that is very 
slow to settle-out, the personnel should evaluate the site draining to 
the discharge point for fine particulate material, such as dust, ash, 
or other pulverized, ground, or powdered chemicals.
    If the visual examination results in a clean and clear sample of 
the storm water discharge, this may indicate that no visible pollutants 
are present. This would be a indication of a high quality result, 
however, the visual examination will not provide information about 
dissolved contamination. If the facility is in a sector or subsector 
required to conduct analytical (chemical) monitoring, the results of 
the chemical monitoring, if conducted on the same sample, would help to 
identify the presence of any dissolved pollutants and the ultimate 
effectiveness of the pollution prevention plan. If the facility is not 
required to conduct analytical monitoring, it may do so if it chooses 
to confirm the cleanliness of the sample.
    While conducting the visual examinations, personnel should 
constantly be attempting to relate any contamination that is observed 
in the samples to the sources of pollutants on site. When contamination 
is observed, the personnel should be evaluating whether or not 
additional BMPs should be implemented in the pollution prevention plan 
to address the observed contaminant, and if BMPs have already been 
implemented, evaluating whether or not these are working correctly or 
need maintenance. Permittees may also conduct more frequent visual 
examinations than the minimum quarterly requirement, if they so choose. 
By doing so, they may improve their ability to ascertain the 
effectiveness of their plan. Using this guidance, and employing a 
strong knowledge of the facility operations, EPA believes that 
permittees should be able to maximize the effectiveness of their storm 
water pollution prevention efforts through conducting visual 
examinations which give direct, frequent feedback to the facility 
operator or pollution prevention team on the quality of the storm water 
discharge.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. EPA recommends that the visual examination be 
conducted at different times than the chemical monitoring, but is not 
requiring this. In addition, more frequent visual examinations can be 
conducted if the permittee so chooses. In this way, better assessments 
of the effectiveness of the pollution prevention plan can be achieved. 
The frequency of this visual examination will also allow for timely 
adjustments to be made to the plan. If BMPs are performing 
ineffectively, corrective action must be implemented. A set of tracking 
or follow-up procedures must be used to ensure that appropriate actions 
are taken in response to the examinations. The visual examination is 
intended to be performed by members of the pollution prevention team. 
This hands-on examination will enhance the staff's understanding of the 
site's storm water problems and the effects of the management practices 
that are included in the plan.
9. SARA Title III, Section 313 Facilities
    Today's permit does not contain special monitoring requirements for 
facilities subject to the Toxic Release Inventory (TRI) reporting 
requirements under Section 313 of the EPCRA. EPA has reviewed data 
submitted by facilities in the group application and determined that 
storm water monitoring requirements are more appropriately based upon 
the industrial activity or significant material exposed than upon a 
facility's status as a TRI reporter under Section 313 of EPCRA. This 
determination is based upon a comparison of the data submitted by TRI 
facilities included in the group application process to data from group 
application sampling facilities that were not found on the TRI list. 
Table 6 summarizes the data comparison. The data indicate that there 
are no consistent differences in the level of water priority chemicals 
present in samples from TRI facilities when compared to the samples 
from facilities not subject to TRI reporting requirements.
    EPA has included a revised Appendix A that lists 44 additional 
water priority chemicals that meet the definition of a section 313 
water priority chemical or chemical categories requirements as defined 
by EPA in the permit under Part X, Definitions.

                                             Table 6.--Comparison of Pollutant Concentration in Grab Samples                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Non-TRI      TRI facility 
                                                              Non-TRI      TRI facility       Non-TRI      TRI facility    facility 95th       95th     
                        Pollutant                            facility     median concen-   facility mean   mean concen-     percentile      percentile  
                                                          median concen-  tration (mg/L)  concen-tration  tration (mg/L)  concen-tration  concen-tration
                                                          tration (mg/L)                      (mg/L)                          (mg/L)          (mg/L)    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile...........................................           0.100           0.000           0.085           0.000           0.100           0.000
Aluminum................................................           0.922           0.819          12.061          28.893          58.000          12.000
Ammonia.................................................           0.640           0.000          10.507          23.231           9.500          17.200
Antimony................................................           0.000           0.000           0.603           0.014           2.096           0.078
Arsenic.................................................           0.000           0.000           0.231           0.008           0.170           0.033
Benzene.................................................           0.000           0.000           0.001           0.000           0.001           0.000
Beryllium...............................................           0.001           0.000           0.002           0.080           0.007           0.400
Butylbenzyl phthalate...................................           0.000           0.000           0.007           0.000           0.018           0.000
Cadmium.................................................           0.000           0.000           0.014           0.030           0.050           0.028
Chlorine................................................           0.000           0.000           1.590           0.052          11.000          0.300 

[[Page 50831]]
                                                                                                                                                        
Chloroform..............................................           0.000           0.000           0.083           0.001           0.022           0.006
Chromium................................................           0.006           0.000           1.236           0.109           0.250           0.270
Copper..................................................           0.047           0.028           1.430           0.344           2.200           1.300
Cyanide.................................................           0.000           0.000           0.021           0.007           0.008           0.020
Di-n-butyl phthalate....................................           0.000           0.000           0.005           0.168           0.014           1.595
Dimethyl phthalate......................................           0.000           0.000           0.005           0.000           0.016           0.000
Ethylbenzene............................................           0.000           0.000           0.000           0.000           0.001           0.005
Hexavalent chromium.....................................           0.000           0.000           0.001           0.003           0.002           0.011
Lead....................................................           0.020           0.006           0.556           0.480           1.900           1.100
Manganese...............................................           0.150           0.090           2.015           0.273           9.550           1.244
Mercury.................................................           0.000           0.000           0.530           0.006           0.001           0.005
Naphthalene.............................................           0.000           0.000           2.998           0.001          24.000           0.013
Nickel..................................................           0.020           0.000           0.087           0.311           0.390           0.458
Phenols.................................................           0.000           0.000           0.063           0.019           0.100           0.075
Selenium................................................           0.000           0.000           0.262           0.000           0.020           0.001
Silver..................................................           0.000           0.000           0.034           0.001           0.006           0.010
Toluene.................................................           0.000           0.000           0.052           0.011           0.037           0.009
Trichloroethylene.......................................           0.000           0.000           0.004           0.040           0.001           0.030
1,1,1-Trichloroethane...................................           0.000           0.000           0.004           0.460           0.015           6.000
Xylene..................................................           0.000           0.000           0.000           0.004           0.003           0.037
Zinc....................................................           0.320           0.250           3.761           1.720           8.800           5.140
--------------------------------------------------------------------------------------------------------------------------------------------------------



F. Numeric Effluent Limitations

1. Industry-specific Limitations
    Part XI. of today's permit contains numeric effluent limitations 
for phosphate fertilizer manufacturing facilities, asphalt emulsion 
manufacturers, cement manufacturers, coal pile runoff from steam 
electric power generating facilities, and sand, gravel, and crushed 
stone quarries. These limitations are required under EPA's storm water 
effluent limitation guidelines in the Code of Federal Regulations at 40 
CFR Part 418, Part 443, Part 411, Part 423, and Part 436. Parts 
VIII.C.6., VIII.D.5., VIII.E.6., and VIII.J.5. of this fact sheet 
discuss these limitations.
2. Coal Pile Runoff
    Today's permit establishes effluent limitations of 50 mg/L total 
suspended solids and a pH range of 6.0-9.0 for coal pile runoff. Any 
untreated overflow from facilities designed, constructed, and operated 
to treat the volume of coal pile runoff associated with a 10-year, 24-
hour rainfall event is not subject to the 50 mg/L limitation for total 
suspended solids. Steam electric generating facilities must comply with 
these limitations upon submittal of the NOI. EPA has adopted these 
technology-based pH limitations in today's general permit in accordance 
with setting limits on a case-by-case basis as allowed under 40 CFR 
125.3 and Section 402 of the Clean Water Act. These case-by-case limits 
are derived by transferring the known achievable technology from an 
effluent guideline to a similar type of discharge. When developing 
these technology-based limitations, variables such as rainfall pH, 
sizes of coal piles, pollutant characteristics, and runoff volume were 
considered. Therefore, these variables need not be considered again. As 
discussed above, these pH limitations are technology-based and are not 
based on water quality. All other types of facilities must comply with 
this requirement as expeditiously as practicable, but in no event later 
than 3 years from the date of permit issuance.
    The pollutants in coal pile runoff can be classified into specific 
types according to chemical characteristics. Each type relates to the 
pH of the coal pile drainage. The pH tends to be of an acidic nature, 
primarily as a result of the oxidation of iron sulfide in the presence 
of oxygen and water. The potential influence of pH on the ability of 
toxic and heavy metals to leach from coal piles is of particular 
concern. Many of the metals are amphoteric with regard to their 
solubility behavior. These factors affect acidity, pH, and the 
subsequent leaching of trace metals: concentration and form of pyritic 
sulfur in coal; size of the coal pile; method of coal preparation and 
clearing prior to storage; climatic conditions, including rainfall and 
temperature; concentrations of calcium carbonate and other neutralizing 
substances in the coal; concentration and form of trace metals in the 
coal; and the residence time of water in the coal pile.
    Coal piles can generate runoff with low pH values, with the acid 
values being quite variable. The suspended solids levels can be 
significant, with levels of 2,500 mg/L not uncommon. Metals present in 
the greatest concentrations are copper, iron, aluminum, nickel, and 
zinc. Others present in trace amounts include chromium, cadmium, 
mercury, arsenic, selenium, and beryllium 14.

    \14\ A more complete description of pollutants in coal pile 
runoff is provided in the ``Final Development Document for Effluent 
Limitations Guidelines and Standards and Pretreatment Standards for 
the Steam Electric Point Source Category,'' (EPA-440/1-82/029), EPA, 
November 1982.
---------------------------------------------------------------------------

G. Regional Offices

1. Notice of Intent Address
    Notices of Intent to be authorized to discharge under this permit 
should be sent to: NOI/NOT Processing Center (4203), 401 M Street, 
S.W., Washington, DC 20460.
2. Address for Other Submittals
    Other submittals of information required under this permit or 
individual permit applications should be sent to the appropriate EPA 
Regional Office:

a. ME, MA, NH, Federal Indian Reservations in CT, MA, NH, ME, RI, and 
Federal Facilities in VT
    EPA, Region I, Water Management Division, (WCP), Storm Water Staff, 
JFK Federal Building, Boston, MA 02203
b. PR and Federal Facilities in PR

[[Page 50832]]

    EPA, Region II, Water Management Division, (2WM-WPC), Storm Water 
Staff, 290 Broadway, New York, NY 10007-1866
c. DC and Federal Facilities in DC and DE
    EPA, Region III, Water Management Division, (3WM55), Storm Water 
Staff, 841 Chestnut Building, Philadelphia, PA 19107
d. FL
    EPA, Region IV, Water Management Division, Permits Section (WPEB-
7), 345 Courtland Street, NE, Atlanta, GA 30365
e. LA, NM, OK, and TX and Federal Indian Reservations in LA, NM (Except 
Navajo and Ute Mountain Reservation Lands), OK, and TX
    EPA, Region VI, Water Management Division, (6W-EA), EPA SW MSGP, 
P.O. Box 50625, Dallas, TX 75202
f. AZ, Johnston Atoll, Midway Island, Wake Island, all Federal Indian 
Reservations in AZ, CA, and NV; those portions of the Duck Valley, Fort 
McDermitt, and Goshute Reservations that are outside NV; those portions 
of the Navajo Reservation that are outside AZ; and Federal facilities 
in AZ, Johnston Atoll, Midway Island, and Wake Island.
    EPA, Region IX, Water Management Division, (W-5-3), Storm Water 
Staff, 75 Hawthorne Street, San Francisco, CA 94105
g. ID, OR, and WA; Federal Indian Reservations in AK, ID (except the 
Duck Valley Reservation), OR (except the Fort McDermitt Reservation), 
and WA; and Federal facilities in ID, and WA
    EPA, Region X, Water Division, (WD-134), Storm Water Staff, 1200 
Sixth Avenue, Seattle, WA 98101

H. Compliance Deadlines

    For most permittees, today's permit imposes a deadline of 270 days 
following date of publication of this permit for development of 
pollution prevention plans and for compliance with the terms of the 
plan.
    Today's general permit provides additional time if constructing 
structural best management practices is called for in the plan. The 
portions of a plan addressing these BMP construction requirements must 
provide for compliance with the plan as soon as practicable, but in no 
case later than 3 years from the effective date of the permit. However, 
storm water pollution prevention plans for facilities subject to these 
additional requirements must be prepared within 270 days of the date of 
publication of this permit and provide for compliance with the baseline 
terms and conditions of the permit (other than the numeric effluent 
limitation) as expeditiously as practicable, but in no case later than 
270 days after the publication date of this permit.
    Facilities are not required to submit the pollution prevention 
plans for review unless they are requested by EPA or by the operator of 
a large or medium municipal separate storm sewer system. When a plan is 
reviewed by EPA, the Director can require the permittee to amend the 
plan if it does not meet the minimum permit requirements.

VII. Cost Estimates for Common Permit Requirements

    The conditions of today's general permit reflects the baseline 
permit requirements established in EPA's NPDES permits for Storm Water 
Discharges Associated With Industrial Activity (57 FR 41175 and 57 FR 
44412). The requirements found under today's permit are more specific 
to the conditions found in the industries. EPA does not consider these 
requirements to be more costly than the pollution prevention plan 
requirements established in the baseline general permit. The following 
section contains the estimates of the cost of compliance with the 
baseline permit requirements.

 A. Pollution Prevention Plan Implementation

    Storm water pollution prevention plans for the majority of 
facilities will include relatively low cost baseline controls. EPA's 
analysis of storm water pollution prevention plans indicates that the 
cost of developing and implementing these plans is variable and will 
depend on a number of the following factors: the size of the facility, 
the type and amount of significant materials stored or used at a 
facility, the nature of the plant operations, the plant designs (e.g., 
the processes used and layout of a plan), and the extent to which 
housekeeping measures are already employed. Table 7 provides estimates 
of the range of costs for preparing and implementing the common 
requirements for a storm water pollution prevention plan. It is 
expected that the low cost estimates provided in Table 7 are 
appropriate for the majority of smaller facilities. The high cost 
estimates in Table 7 are more applicable to larger, more complex 
facilities with more potential sources of pollutants. Please note that 
the costs in this table exclude special requirements, such as EPCRA 313 
requirements. EPA estimated the cost of preparing a storm water 
pollution prevention plan for a hypothetical small business in the 
automobile salvage yard industry. Based on experience and best 
professional judgment, EPA estimates that a typical small automobile 
salvage yard would face a one-time cost of about $874. This cost is 
lower than the low end of the cost estimate provided in Table 7 because 
it is based on a particular (though hypothetical) small business. Table 
7 estimates are based on what EPA expects are appropriate for the 
majority of small facilities. Some facilities are likely to face lower 
costs, such as the hypothetical small automobile junk yard, and other 
facilities are likely to face higher costs.
    The cost of compliance, monitoring and preparing the PPP for the 
multi-sector permit are not high when compared to the site-specific 
requirements to comply with an individual permit. The Clean Water Act 
does not give EPA the authority to exempt permitted facilities from 
requirements designed to improve the quality of the nation's waters. 
The economic ability of small businesses to comply with this permit can 
be a factor to consider if water quality concerns are not applicable to 
the surface water body receiving the storm water discharge.
    The operators of regulated storm water discharges have to consider 
the economic effects of coverage under the multi-sector permit, the 
baseline general permit, or an individual NPDES permit. Coverage under 
either of the two general permits is not required by EPA. The NPDES 
regulations give EPA the authority to require coverage under an 
individual NPDES permit, not general permits. A facility's decision to 
be covered under a general permit is voluntary. Individual permits can 
require numerical limits and more frequent monitoring and reporting, 
along with the development and implementation of SWPPPs. The burden of 
developing an SWPPP is controlled by the facility's ability to achieve 
the permits goal: reduce or eliminate the discharge of pollutants to 
the nation's waters.

                                                                                                                                                        

[[Page 50833]]
Table 7.--Summary of Estimated Ranges of Costs for Compliance With Storm
       Water Pollution Prevention Plans With Baseline Requirements      
------------------------------------------------------------------------
                              Low costs                High costs       
                     ---------------------------------------------------
                       First year     Annual     First year     Annual  
                         costs        costs        costs        costs   
------------------------------------------------------------------------
Submittal of NOI....          $14  ...........          $14  ...........
Notification of                                                         
 Municipality.......           14  ...........           14  ...........
Plan Preparation....        1,518  ...........       76,153  ...........
Plan Implementation.           90          294       35,400        9,371
Comprehensive Site                                                      
 Compliance                                                             
 Evaluation/Plan                                                        
 Revision...........  ...........          267  ...........        8,875
Reportable                                                              
 Quantities.........       (1) No                                       
                            Costs  ...........        8,501  ...........
                     ---------------------------------------------------
      Total.........        1,636          561      120,082      18,246 
------------------------------------------------------------------------
This table identifies estimated low and high costs (in 1992 dollars) to 
  develop and implement storm water pollution prevention plans.         
Low costs of implementing program components are zero where existing    
  programs or procedures is assumed adequate.                           
The estimated costs for plan preparation and plan revisions includes    
  costs of preparing/revising plan to address baseline requirements.    
  However, the costs of implementing special requirements, such as those
  for EPCRA Section 313 facilities coal piles and salt piles are not    
  otherwise addressed in this table.                                    



B. Cost Estimates for EPCRA Section 313

    Table 8 provides estimates of the range of costs of preparing and 
implementing a storm water pollution prevention plan for facilities 
subject to the special requirements for facilities subject to EPCRA 
Section 313 reporting requirements for chemicals classified as 
``Section 313 water priority chemicals.'' EPA expects the majority of 
facilities to have existing containment systems that meet the majority 
of the requirements of this permit. High cost estimates correspond to 
facilities that are expected to be required to undertake some actions 
to upgrade existing containment systems to meet the requirements of 
this permit.

   Table 8.--Summary of Estimated Additional Costs for Compliance With  
Storm Water Pollution Prevention Plans for Facilities Subject to Section
                313 of EPCRA for Water Priority Chemicals               
------------------------------------------------------------------------
                              Low costs                High costs       
                     ---------------------------------------------------
                         Costs                     Costs                
                         during       Annual       during       Annual  
                        first 3       costs       first 3       costs   
                         years                     years                
------------------------------------------------------------------------
Plan Preparation....         $630  ...........            0  ...........
Liquid Storage Areas  ...........  ...........      $11,200  ...........
Material Storage                                                        
 Areas..............  ...........  ...........          560  ...........
Loading Areas.......  ...........  ...........       21,000  ...........
Process Areas.......  ...........  ...........       11,190  ...........
Drainage/Runoff.....  ...........  ...........        7,750  ...........
Housekeeping/                                                           
 Maintenance........  ...........  ...........  ...........       $5,957
Facility Security...  ...........  ...........        3,240  ...........
Employee Training...  ...........  ...........  ...........        1,403
Toxicity Reduction..  ...........  ...........  ...........        3,046
                     ---------------------------------------------------
      Totals........          630           $0       54,940      10,406 
------------------------------------------------------------------------
This table identifies estimated additional low and high costs to develop
  and implement storm water pollution prevention plans for EPCRA Section
  313 facilities subject to special conditions.                         
Low costs of implementing program components are zero where existing    
  programs, procedures or security is assumed adequate.                 
The high costs for preparing pollution prevention plans to include EPCRA
  Section 313 additional requirement were addressed as part of the      
  estimated high costs for preparation of baseline pollution prevention 
  plans (see Table 7).                                                  

 C. Cost Estimates for Coal Piles

    The effluent limitations for coal pile runoff in the permit can be 
achieved by these two primary methods: limiting exposure to coal by use 
of covers or tarpaulins and collecting and treating the runoff. In some 
cases, coal pile runoff may be in compliance with the effluent 
limitations without covering of the pile or collection or treatment of 
the runoff. In these cases, the operator of the discharge would not 
have a control cost.
    The use of covers or tarpaulins to prevent or minimize exposure of 
the coal pile to storm water is generally expected to be practical only 
for relatively small piles. Coal pile covers or tarpaulins are 
anticipated to have a fixed cost of $400 and annual cost of $160.
    Table 9 provides estimates of the costs of treating coal pile 
runoff.15 These costs are based on a consideration of a treatment 
train requiring equalization, pH adjustment, and settling, including 
the costs for impoundment (for equalization), a lime feed system and 
mixing tanks for pH adjustment, and a clarifier for settling. The costs 
for the 

[[Page 50834]]
impoundment area include diking and containment around each coal pile 
and associated sumps and pumps and piping from runoff areas to the 
impoundment area. The costs for land are not included. The lime feed 
system employed for pH adjustment includes a storage silo, shaker, 
feeder, and lime slurry storage tank, instrumentation, electrical 
connections, piping, and controls.

    \15\ The type and degree of treatment required to meet the 
effluent limitations of this permit vary depending on factors such 
as the amount of sulfur in the coal. This section describes a model 
treatment scheme for estimating costs for compliance with the 
effluent limitations. Dischargers may implement other less expensive 
treatment approaches to enable them to discharge in accordance with 
these limits where appropriate.
---------------------------------------------------------------------------

    Additional costs may be incurred if a polymer system is needed. In 
this case, costs would include impoundment for equalization, a lime 
feed system, mixing tank, and polymer feed system for chemical 
precipitation, a clarifier for settling, and an acid feeder and mixing 
tank to readjust the pH within the range of 6 to 9. The equipment and 
system design, with the exception of the polymer feeder, acid feeder, 
and final mixing tank, are essentially the same as shown in Table 9. 
Two tanks are required for a treatment train with a polymer system, one 
for precipitation and another for final pH adjustment with acid. The 
cost of mixing is therefore twice that shown in Table 9. The polymer 
feed system includes storage hoppers, chemical feeder, solution tanks, 
solution pumps, interconnecting piping, electrical connections, and 
instrumentation. The costs of clarification are identical to that of 
Table 9. A treatment train with a polymer system requires the use of an 
acid addition system to readjust the pH within the range of 6 to 9. The 
components of this system include a lined acid storage tank, two feed 
pumps, an acid pH control loop, and associated piping, electrical 
connections, and instrumentation.
    Additional information regarding the cost of these technologies can 
be found in ``Development Document for Effluent Limitations Guidelines 
and Standards and Pretreatment Standards for the Steam Electric Point 
Source Category,'' (EPA-440/182/029), November 1982, EPA.

 Table 9.--Summary of Estimated Costs for Treatment of Coal Pile Runoff 
------------------------------------------------------------------------
                               30,000 cubic meter    120,000 cubic meter
                                    coal pile             coal pile     
------------------------------------------------------------------------
IMPOUNDMENT:                                                            
    Installed Capital Cost..  6,850                 6,850               
Operation and Maintenance ($/ Negligible            Negligible          
 year).                                                                 
LIME FEED SYSTEM:                                                       
    Installed Capital Cost    138,800               255,700             
     ($).                                                               
    Operation and             5,780                 10,655              
     Maintenance ($/year).                                              
    Energy Requirements (kwh/ 3.6 x 10**4           3.6 x 10**4         
     yr).                                                               
    Land Requirements         5,000                 5,000               
     (ft**2).                                                           
MIXING EQUIPMENT:                                                       
    Installed Capital Cost    65,750                91,320              
     ($).                                                               
    Operation and             2,280                 2,430               
     Maintenance ($/year).                                              
    Energy Requirements (kwh/ 1.3 x 10**3           3.3 x 10**3         
     yr).                                                               
Land Requirements (ft**2)...  2,000                 2,000               
CLARIFICATION:                                                          
    Installed Capital Cost    182,650               237,450             
     ($).                                                               
    Operation and             3,200                 3,650               
     Maintenance ($/year).                                              
    Energy Requirements (kwh/ 1.3 x 10**3           3.3 x 10**3         
     yr).                                                               
    Land Requirements         0.1                   0.1                 
     (acres).                                                           
------------------------------------------------------------------------
Source: ``Development Document for Effluent Limitations Guidelines and  
  Standards and Pretreatment Standards for the Steam Electric Point     
  Source Category'' (EPA-440/182/029), November 1982, EPA). Costs       
  estimates are in 1992 dollars.                                        

D. Cost Estimates for Salt Piles

    Salt pile covers or tarpaulins are anticipated to have a fixed cost 
of $400 and an annual cost of $160 for medium-sized piles and a fixed 
cost of $4,000 and an annual cost of $2,000 for very large piles. 
Structures such as salt domes are generally expected to have a fixed 
cost of between $30,000 for small piles ($70 to $80 per cubic yard) and 
$100,000 for larger piles ($18 per cubic yard) with costs depending on 
size and other construction parameters.

 VIII. Special Requirements for Discharges Associated With Specific 
Industrial Activities

    The industry-specific requirements allow the implementation of 
site-specific measures that address features, activities, or priorities 
for control associated with the identified storm water discharges. This 
framework provides the necessary flexibility to address the variable 
risk for pollutants in storm water discharges associated with the 
different types of industrial activity addressed by this permit. This 
approach also assures that facilities have the opportunity to identify 
procedures to prevent storm water pollution at a particular site that 
are appropriate, given processes employed, engineering aspects, 
functions, costs of controls, location, and age of the facility (as 
contemplated by 40 CFR 125.3). The approach taken also allows the 
flexibility to establish controls that can appropriately address 
different sources of pollutants at different facilities.

A. Storm Water Discharges Associated With Industrial Activity From 
Timber Products Facilities

1. Discharges Covered Under This Sector
    Eligibility for coverage under this section is limited to those 
facilities in the lumber and wood products industry (primary SIC Major 
Group is 24), except wood kitchen cabinets manufacturers (SIC Code 
2434). Permit conditions for facilities in the wood kitchen cabinets 
manufacturers industry (SIC Code 2434) are discussed in the wood and 
metal furniture and fixture manufacturing sector (Part XI.W of today's 
permit). SIC Major group 24 represents those ``establishments engaged 
in cutting timber and pulpwood, merchant sawmills, lath mills, shingle 
mills, cooperage stock mills, planing mills, and plywood and veneer 
mills engaged in producing lumber and wood basic materials; and 
establishments engaged in wood preserving or in manufacturing finished 
articles made entirely of wood or related materials.'' 16

    \16\ ``Handbook of Standard Industrial Classifications,'' Office 
of Management and Budget, 1987. 

[[Page 50835]]

---------------------------------------------------------------------------

    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Wood kitchen cabinet facilities (SIC Code 2434) are excluded from 
coverage under this section because EPA believes it is more appropriate 
to cover manufacturers of wood cabinets with furniture manufacturing 
facilities (SIC Major group 25). As indicated in the November 16, 1990, 
Federal Register (55 FR 48008), ``Facilities under SIC Code 2434 and 25 
are establishments engaged in furniture making.'' EPA believes that 
this grouping is more appropriate due to the typical use by cabinet 
makers of wood treating solutions such as mineral spirits and propenyl 
butyl.17 This practice is common to wood furniture manufacturing, 
but is atypical of the other industrial operations performed at 
facilities in the lumber and wood products industry (SIC Major group 
24).

    \17\ Part 1 Storm Water Group Permit Applications. Summaries 
from individual applicant descriptions including Applicant No. 1156 
(Westvaco), Applicant No. 92 (Bowater), and Applicant No. 866 
(Louisiana-Pacific).
---------------------------------------------------------------------------

    Certain silvicultural activities are not required to be covered 
under National Pollutant Discharge Elimination System (NPDES) storm 
water permits (40 CFR 122.27). In accordance with 40 CFR 122.27(b), 
point sources that must be covered by an NPDES permit are ``any 
discernible, confined and discrete conveyance related to rock crushing, 
gravel washing, log sorting, or log storage facilities, which are 
operated in connection with silvicultural activities and from which 
pollutants are discharged into waters of the United States.'' 
Discharges from nonpoint source silvicultural activities, including 
harvesting operations (see 40 CFR 122.27) are not required to be 
covered.
    It is EPA's determination harvesting activities include: the 
felling, skidding, preparation (e.g., delimbing and trimming), loading 
and initial transport of forest products from an active harvest site. 
An active harvest site is considered to be an area where harvesting 
operations are actually on-going. EPA also interprets the definition of 
harvesting operations to include incidental stacking and temporary 
storage of harvested timber on the harvest site prior to its initial 
transport to either an intermediate storage area or other processing 
site. EPA considers this activity to be an inherent part of harvesting 
operations. However, EPA does not intend the definition of active 
harvesting operations to include sites that are processing, sorting, or 
storing harvested timber which has been transported there from one or 
more active harvesting sites. Consequently, EPA considers these site 
activities a point source under 40 CFR 122.27(b)(1) and operators of 
these sites must seek an NPDES permit for discharges of storm water.
    Effluent guidelines have been promulgated for the Timber Products 
Processing Point Source Category at 40 CFR Part 429 (46 FR 8260; 
January 26, 1981). Under these regulations, effluent limitations and 
standards were set for process wastewaters from any timber products 
processing operation, and any plant producing insulation board with 
wood as the major raw material. The definition of process wastewater 
excluded ``noncontact cooling water, material storage yard runoff 
(either raw material or processed wood storage) and boiler blowdown. 
For the dry process hardboard, veneer, finishing, particleboard, and 
sawmills and planing mills subcategories, fire control water is 
excluded from the definition.'' Any discharge subject to an effluent 
limitation guideline is not eligible for coverage under this section. 
Even though discharges of boiler blowdown and noncontact cooling water 
are not considered ``process water discharges,'' they do not fall under 
the definition of storm water discharges. As such, this section does 
not provide for their coverage. In addition, contact cooling waters and 
water treatment wastewater discharges from steam operated sawmills will 
not be covered. Finally, material storage yard runoff, exempted from 
coverage under the effluent limitation guidelines, is eligible to be 
covered in accordance with the terms and conditions of this section.
    In addition, it should be noted that certain wood preserving wastes 
have been listed under 40 CFR 261.31 as hazardous wastes from 
nonspecific sources (55 FR 50450; December 6, 1990). Storm water 
discharges that come in contact and/or commingle with these wastes will 
be considered a hazardous waste and will not be authorized for 
discharge under this section. Despite the listing of these wastes, 
however, there remains a potential for storm water to become 
contaminated through incidental activities such as tracking of 
materials, fugitive emissions, and miscellaneous other activities. 
These discharges are covered under today's permit. Wastewaters, process 
residuals, preservative or protectant drippage, and spent formulations 
from wood preserving processes that use chlorophenolic formulations, 
creosote formulations, or arsenic and chromium formulations have been 
listed as hazardous wastes. Wastes from wood surface protection were 
proposed for listing under this subpart (53 FR 53282; December 30, 
1988, and 58 FR 25706; April 27, 1993) but listing the wastes was 
determined unnecessary in a subsequent rulemaking (59 FR 458; January 
4, 1994). Storm water discharges containing these wastes are therefore 
covered under today's permit.
2. Industry Profile/Description of Industrial Activities
    Facilities engaged in activities classified under SIC Major Group 
24 use wood as their primary raw material. Although there is diversity 
among the types of final products that are produced at timber products 
facilities, there are common industrial activities performed among 
them. These activities are broadly classified for ease of discussion 
and include the following: log storage and handling; untreated wood 
lumber and residue generation activities, and untreated wood materials 
storage; wood surface protection activities, and chemicals and surface 
protected materials storage; wood preservation activities, and 
chemicals and preserved wood material storage; wood assembly/
fabrication activities and final fabricated wood product storage; and 
equipment/vehicle maintenance, repair and storage.
    In many cases, more than one of these activities may be conducted 
at a single facility location.
    a. Log Storage and Handling. Log storage and handling activities 
may occur onsite at many types of facilities covered under this section 
of today's permit, such as wood collection yards and lumber processing 
and veneer manufacturing facilities. However, facilities that are 
primarily engaged in these activities (e.g., wood collection yards) are 
most appropriately classified under SIC Code 2411.
    Typical industrial activities performed include loading and 
unloading of logs onto trucks or railroad cars for transport to other 
facilities, log 

[[Page 50836]]
sorting, and storage of logs. In addition, some cutting may be 
performed such as chopping off tree branches and sectioning of tree 
trunks for easier handling during transport. Although not typically 
performed at wood collection facilities, chipping may be performed at 
facilities serving pulp industries. Residues generated at these sites 
may include bark, coarse sawdust, and wood chunks.
    Significant materials that have the potential to come in contact 
with storm water discharges at facilities practicing these activities 
include: uncut logs (hardwood and softwoods), wood bark, wood chips, 
coarse saw dust, other waste wood material, petroleum and other 
products for equipment maintenance (fuels, motor oils, hydraulic oils, 
lubricant fluids, brake fluids, and antifreeze), herbicides, 
pesticides, and fertilizers, material handling equipment (forklifts, 
loaders, vehicles, chippers, debarkers, cranes, etc.).
    These log storage and handling activities described above have the 
potential to discharge pollutants including bark and wood debris, total 
suspended solids (TSS), and leachates.18 The leachate generated 
from these operations from the decay of wood products can contain high 
levels of TSS and biochemical oxygen demand (BOD5).19

    \18\ ``NPDES Docket No. 1085-07-22-402, NPDES Appeal No. 86-14: 
In the Matter of Shee Atika, Incorporated,'' January 21, 1988.
    \19\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    b. Untreated Wood Lumber and Residue Generation Activities and 
Untreated Wood Materials Storage. The primary product from sawmills and 
other cutting activities is lumber. However, residues such as debarked 
wood chips; whole tree chips and slab wood; bark; and sawdust 
constitutes approximately 25 percent of the total wood 
production.20 At large saw mills, approximately 2,500 lbs of 
residue is generated for each 1,000 board feet of lumber 
derived.21

    \20\ ``Using Best Management Practices to Prevent and Control 
Pollution from Hardwood Residue Storage Sites,'' Pennsylvania 
Hardwoods Development Council, May 15, 1992.
    \21\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    Facilities that produce untreated lumber and residues can be 
classified under most of the SIC Codes in Major group 24. These 
facilities include saw mill and planing mill facilities classified in 
group 242; millwork, veneer, plywood and structural wood member 
manufacturing facilities classified in group 243; wood container 
manufacturing facilities in group 244; wood building and mobile home 
manufacturing facilities in group 245; and miscellaneous wood product 
manufacturers in group 249.
    These facilities may engage in one or more activities such as log 
washing, bark removal, milling, sawing, resawing edging, trimming, 
planing, machining, air drying, and kiln drying. In addition, there may 
be associated boiler operations, loading and unloading activities and 
storage activates.
    Effluent guidelines have been established at 40 CFR Part 429 
Subparts A, I, and J for discharges from log washing, debarking and wet 
storage, respectively. These discharges are considered process waters 
and are subject to the effluent limitations of each subpart.
    Some facilities generate residue as a product, in lieu of lumber or 
other finished products, while other facilities may generate residues 
as a waste product. In most cases, there are markets for these 
residues. For example, chips and sawdust are used in the production of 
pulp and paper and wood products manufacturing. A summary of the 
residues generated and their potential uses include: bark (used in 
landscaping, compost, recreational applications (trails), energy 
recovery); wood chips (used in pulp and paper mill feed, landscaping, 
recreational applications, fire logs, energy recovery); planer shavings 
(used in particle board, livestock bedding, compost, fire logs, 
domestic pet litter, energy recovery); and sawdust (used in particle 
board, livestock bedding, compost, fire logs, domestic pet litter, 
energy recovery.) 22

    \22\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    Storage activities at these sites include wet and dry storage of 
logs and storage of residuals. Wet storage, called ``wet decking,'' is 
a process used when logs are to be stored for an extended period of 
time. Wet storage retards decaying and infestation by insects. The logs 
may be stored under water in ponds or may be placed in areas where 
water is continuously sprayed over them. Residuals are typically stored 
dry.
    Storm water discharges from lumber and residue generation and 
storage may come in contact with the following types of wastes and/or 
materials at the facility which can then contribute pollutants to the 
storm water: uncut logs (hardwood and softwoods), wood bark, wood 
chips, wood shavings, sawdust, green lumber, rough and finished lumber, 
other waste wood material, nonhazardous wood ash, above and below 
ground fuel storage tanks for diesel, gasoline, propane and fuel oil, 
finishing chemicals (stain, lacquer, varnish, paints, water repellant, 
sealants), solvents and cleaners, petroleum and other products for 
equipment maintenance (fuels, motor oils, hydraulic oils, lubricant 
fluids, brake fluids, and antifreeze), herbicides, pesticides, and 
fertilizers, sawmill equipment, material handling equipment (Forklifts, 
loaders, vehicles, chippers, debarkers, cranes, etc.), boiler water 
treatment chemicals, scrap metals, scrap equipment and plastics, boiler 
blowdown water, and leachate from decaying organic matter.
    Pollutants resulting from lumber and residue generation and storage 
activities are typically conventional in nature. Low pH levels can 
result from the leachate of decaying organic materials. TSS and 
BOD5 may be elevated in this leachate.23 In addition to 
leachate, washed away residue particles contribute to TSS loadings. 
Equipment and machinery at the facility site may result in the 
discharge of oil and grease.

    \23\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    c. Wood Surface Protection Activities, Chemicals and Surface 
Protected Materials Storage. At many hardwood saw mills, wood surface 
protection is conducted to prevent sap stain. Sap stain is the 
unsightly discoloration of lumber products caused by fungus.24 
Surface protection is a cosmetic fix only and differs from wood 
preservation which is a practice designed to enhance the wood's 
structural integrity.

    \24\ ``Background Document Supporting the Proposed Listing of 
Wastes from Surface Protection Processes, Part One Final Engineering 
Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
---------------------------------------------------------------------------

    Surface protection is accomplished by one of three methods: 
spraying, ranging from manual spraying with a garden hose to more 
sophisticated on-line high pressure spray boxes; dipping, a batch 
process where lumber is immersed then removed from the formulation; and 
green chain operations, a continuous immersion operation where lumber 
is pulled through the protection tanks by conveyer.25

    \25\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    Historically, the primary chemical used in surface protection has 
been commercial pentachlorophenate. Concentrated chemicals are diluted 
to 0.5 to 1 percent pentachlorophenol for surface protection. This 
concentration is lower than the 2 percent to 9 percent 
pentachlorophenol used in wood 

[[Page 50837]]
preserving. Producers of chlorophenolic formulations used in surface 
protection have recently discontinued the product due to the pending 
hazardous waste regulations and it is expected that stocks will soon be 
exhausted. Alternatives to pentachlorophenate solutions which have been 
developed and are currently used include: iodo-prophenyl butyl 
carbamate, dimethyl sulfoxide, didecyl dimethyl ammonium chloride 
mixtures; sodium azide mixtures; iodo-prophenyl butyl carbamate, 
didecyl dimethyl ammonium chloride mixture; 8-quinolinol, copper (II) 
chelate mixtures; iodo-prophenyl butyl carbamate mixtures; sodium 
ortho-phenylphenate mixtures; 2-(thiocyanomethylthio)-benzothiozole 
(TCMTB) and methylene bis (thiocyanate) mixture; and zinc naphthenate 
mixtures.26

    \26\ ``Regulatory Guidance and Waste Reduction Manual for United 
States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
1993.
---------------------------------------------------------------------------

    Industrial activities at saw mills with the potential to 
contaminate storm water include spills from surface protection areas, 
storage and mixing tank areas, treated wood drippage, transport or 
storage areas, maintenance and shop areas, and areas used for 
treatment/disposal of wastes. Fugitive emissions from negative pressure 
spraying activities and hand spraying surface protection formulations 
may also result in the contamination of storm water.27

    \27\ ``Background Document Support the Proposed Listing of 
Wastes From Wood Preservation and Surface Protection Processes,'' 
EPA Office of Solid Waste, July 1987.
---------------------------------------------------------------------------

    Significant materials that have the potential to come in contact 
with storm water discharges at facilities practicing these activities 
include: all of the materials stated in 3.b. above (under untreated 
wood lumber and residue generation activities and untreated materials 
storage) plus treated lumber, treatment chemicals, and treatment 
equipment (dipping tanks, green chain, material handling equipment, 
etc.).
    Pollutants which result from these types of surface protection 
operations may include the constituents of those surface protection 
chemicals listed above, as well as aggregate parameters such as 
BOD5, COD, and TSS.
    d. Wood Preservation Activities, and Chemicals and Preserved Wood 
Material Storage. Wood preserving is the application of chemicals to 
wood and wood products to preserve the structural integrity of the 
wood. Wood preserving is designed to prevent/delay the deterioration/
decay of wood through the addition of flame retardants, water 
repellents, and chemicals. Wood preserving differs from wood surface 
protection which is generally performed for aesthetic reasons.28

    \28\ ``Background Document Supporting the Proposed Listing of 
Wastes from Surface Protection Processes, Part One Final Engineering 
Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
---------------------------------------------------------------------------

    Wood preserving is accomplished by two steps. First, the moisture 
content of wood is reduced to increase its permeability (this is 
referred to as conditioning). Conditioning may be accomplished by: (1) 
allowing wood to dry at ambient temperatures; (2) kiln drying; (3) 
steaming the wood, then applying a vacuum; (4) dipping the wood in a 
heated salt bath; or (5) vapor drying, and immersing the wood in a 
solvent (usually naphtha or Stoddard solvent). After conditioning, wood 
is impregnated with a preservative for fire retardency, insecticidal 
resistance, and/or fungicidal resistance. Preservation may be 
accomplished by either nonpressurized and pressurized methods. The 
nonpressurized method involves dipping stock in a bath containing the 
preservatives (either heated or at ambient temperatures), while 
pressurized methods involve subjecting the wood to the preservative 
when under pressure. After treatment, the wood stock is often subject 
to cleaning in order to remove excess preservative prior to stacking 
treated lumber products outside.29

    \29\ ``Development Document for Effluent Limitations Guidelines 
and Standards for the Timber Products Point Source Category, Final 
(EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
1981.
---------------------------------------------------------------------------

    There are a number of different avenues by which wood preserving 
wastes may contaminate storm water. These may include: drippage of 
condensate or preservative after pressurized treatment; washing after 
preservation to remove excess preservative, which usually occurs either 
in the treatment or storage areas; spills and leaks from process 
equipment and preservative tanks; fugitive emissions from vapors in the 
process, as well as blow outs and emergency pressure releases; and 
kick-back (phenomenon where preservative leaks as it returns to normal 
pressure) from the lumber.30

    \30\ ``Background Document Support the Proposed Listing of 
Wastes From Wood Preservation and Surface Protection Processes,'' 
EPA Office of Solid Waste, July 1987.
---------------------------------------------------------------------------

    A wide variety of chemicals are used in the preservation of wood, 
the most common are creosote, pentachlorophenol and inorganics.
    Creosote-based preservatives are mixtures of coal-tar derivatives 
and creosote solutions (creosotes fortified with insecticide additives 
such as pentachlorophenol, arsenic trioxide, copper compounds or 
malathion). Pentachlorophenol preservatives are typically formulations 
using petroleum solvents and 5 percent total pentachlorophenol. Waxes 
and resins may also be added.31 Inorganic preservatives consist of 
arsenical and chromate salts and fluorides dissolved in water. The most 
commonly used inorganic preservatives include: 32 chromated copper 
arsenate (CCA); ammoniacal copper arsenate (ACA); acid copper chromate 
(ACC); chromated zinc chloride (CZC); and fluor-chrome-arsenate-phenol 
(FCAP).

    \31\ ``Background Document Support the Proposed Listing of 
Wastes From Wood Preservation and Surface Protection Processes,'' 
EPA Office of Solid Waste, July 1987.
    \32\ ``Background Document Support the Proposed Listing of 
Wastes From Wood Preservation and Surface Protection Processes,'' 
EPA Office of Solid Waste, July 1987.
---------------------------------------------------------------------------

    Significant materials that have the potential to come in contact 
with storm water discharges at facilities practicing wood preservation 
include: all of the materials stated in 3.b. (untreated wood lumber and 
residue generation activities and untreated wood materials storage) 
plus treated lumber, treatment chemicals, and treatment equipment 
(preservative, tanks, preservative contaminated material handling 
equipment).
    Pollutants expected to be discharged from wood preserving 
facilities typically include conventional pollutants such as BOD5, 
TSS and oil and grease, as well as toxics which are dependent upon the 
preserving formulations used. Organic solvent components such as 
benzene, toluene, xylene, and ethylbenzene can be found at 
pentachlorophenol preservation operations. Phenolic compounds such as 
phenol, chlorophenols, nitrophenols can be found at plants using 
pentachlorophenol and creosote preservatives. The polynuclear aromatic 
hydrocarbons of creosote, including anthracene, pyrene, and 
phenanthrene are often contained in the entrained oils. High phenolic, 
COD, and oil and grease concentrations have been noted to result from 
creosote and pentachlorophenol operations. Traces of copper, chromium, 
arsenic, zinc, and boron often can be found in the wastewaters of 
plants which use waterborne salt preservatives.33

    \33\ ``Development Document for Effluent Limitations Guidelines 
and Standards for the Timber Products Point Source Category, Final 
(EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
1981.
---------------------------------------------------------------------------

    e. Wood Assembly/Fabrication Activities and Final Fabricated Wood 
Product Storage. The industrial 

[[Page 50838]]
activities conducted as part of the assembly and fabrication process 
are very diverse. For the most part, industrial activities that have 
the potential to come in contact with precipitation are similar to 
those described under lumber and residue generation (see Section 
A.3.b). However, there are a number of additional industrial activities 
that differ. For example, the fabrication of fiberboard, insulation 
board, and hardboard may involve the use of wax emulsions, paraffin, 
aluminum sulfate, melamine formaldehyde, and miscellaneous 
thermosetting resins. These chemicals may be introduced as part of the 
board formation process or as a coating to maintain the board's 
integrity. Generally, these additives account for less than 20 percent 
of the board. In the formation of fiberboard/insulation board/
hardboards, the digestion of pulp and fiber by mechanical, thermal, and 
sometimes chemical means takes place.34 Another operation which 
involves resinous agents is the formation of veneer. In this process, 
veneer is placed in hot ponds or vats to soften the wood. Veneer strips 
are removed and often bound by glue or a resinous agent. Glues are also 
used in the assembly of wood components.35 Other types of 
activities include the finishing of wood products. Stains, paints, 
lacquers, varnish, water repellents and sealants, etc. may be applied 
to some of the wood products. Many of these materials may not have the 
potential to come in contact with precipitation as most of these 
processes are performed within a covered area or building.

    \34\ ``Development Document for Effluent Limitations Guidelines 
and Standards for the Timber Products Point Source Category, Final 
(EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
1981.
    \35\ Part 1 Storm Water Group Permit Applications. Summaries 
from individual applicant descriptions including Applicant No. 1156 
(Westvaco), Applicant No. 92 (Bowater), and Applicant No. 866 
(Louisiana-Pacific).
---------------------------------------------------------------------------

    Pollutants expected to be found in storm water discharges at 
facilities that perform these types of industrial activities include 
BOD5 and TSS. Oil and grease may be present due to material 
handling equipment and transport vehicles.
    f. Equipment/Vehicle Maintenance, Repair and Storage. Many of the 
facilities included in the SIC Major group 24 employ the use of 
material handling equipment, vehicles and other machinery. These 
facilities store the equipment onsite and may also engage in 
maintenance and repair activities on them. These types of activities 
are performed in either covered or outdoor areas of the facility. 
Associated with these activities is the storage of significant 
materials such as petroleum products and other maintenance fluids such 
as fuels, motor oil, hydraulic oils, lubricant fluids, brake fluids, 
solvents, cleaners and antifreeze.
3. Pollutants Contributing to Storm Water Contamination
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the timber products industry into subsectors to 
properly analyze sampling data and determine monitoring requirements. 
As a result, this sector has been divided into the following 
subsectors: general saw mills and planning mills; wood preserving; log 
storage and handling; and hardwood dimension and flooring mills, 
special products saw mills, millwork, veneer, plywood and structural 
wood, wood containers, wood buildings and mobile homes, reconstituted 
wood products and wood products not elsewhere classified. Tables A-1 
through A-4 below include data for the eight pollutants that all 
facilities were required to monitor for under Form 2F. The tables also 
lists those parameters that EPA has determined may merit further 
monitoring.

                        Table A-1.--Statistics for Selected Pollutants Reported by General Sawmills and Planing Mills Facilities Submitting Part II Sampling Datai (mg/L)                       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................       34       35       74       73     48.6      47.2       0.0        0.0      440.0     660.0      18.5      18.0     169.8      151.5       400.2       322.6  
COD.........................       34       34       75       72    337.0     289.6       0.0        0.0     2156.0    1804.0     115.0     165.5    1346.7     1012.2      3442.9      2170.3  
 Nitrate + Nitrite Nitrogen.       35       34       75       71      0.47      0.47      0.00       0.00       1.50      2.00      0.40      0.40      1.82       1.92        3.57        3.87 
Total Kjeldahl Nitrogen.....       35       34       75       71      2.80      2.42      0.00       0.00      21.00     27.00      1.40      1.40      9.41       7.01       19.18       12.99 
Oil & Grease................       35      N/A       79      N/A      8.5     N/A         0.0      N/A         55.0     N/A         3.8     N/A        30.5      N/A          62.0       N/A    
pH..........................       40      N/A       84      N/A    N/A       N/A         4.7      N/A          9.7     N/A         7.5     N/A         9.5      N/A          10.8       N/A    
Total Phosphorus............       35       35       75       72      0.61      0.57      0.00       0.00       2.80      3.97      0.30      0.38      2.78       2.34        6.78        5.34 
Total Suspended Solids......       34       34       74       71   1459       798         1          0      18000      6460       252       400      8998       4376       36040       12921    
Zinc........................        5        5       13       12      0.448     0.362     0.050      0.11       1.7       1.2       0.32      0.29      1.359      0.842       2.456       1.307 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                 Table A-2.--Statistics for Selected Pollutants Reported by Wood Preserving Facilities Submitting Part II Sampling Datai (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................        9        9       13       13     14.5      14.3       2.4        2.1       39.0      32.0      13.7      12.4      45.9       44.7        84.4        80.9  
COD.........................        9        9       13       13    115.2      98.7      36.0       31.0      274.0     191.0     100.0      98.0     264.3      236.1       398.4       362.7  
Nitrate + Nitrite Nitrogen..        9        9       13       13      1.05      1.47      0.30       0.20       2.20      5.20      0.90      1.10      2.29       4.74        3.36        9.06 
Total Kjeldahl Nitrogen.....        9        9       13       13      2.20      2.25      1.00       0.80       4.00      3.60      2.20      2.20      3.97       4.74        5.21        6.78 
Oil & Grease................        9      N/A       13      N/A      7.6     N/A         0.0      N/A         80.0     N/A         0.00    N/A        60.9      N/A         380.8       N/A    
pH..........................        8      N/A       12      N/A    N/A       N/A         6.0      N/A         16.0     N/A         7.0     N/A        11.4      N/A          13.5       N/A    
Total Phosphorus............        9        9       13       13      0.44      0.26      0.60       0.06       1.57      0.90      0.25      0.19      1.54       0.74        3.19        1.30 

[[Page 50839]]
                                                                                                                                                                                                
Total Suspended Solids......        9        9       13       13    242       107        11         12        916       260        50        99      1025        343.8      2661         638.5  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



                             Table A-3.--Statistics for Selected Pollutants Reported by Log Storage and Handling Facilities Submitting Part II Sampling Datai (mg/L)                            
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................       22       24       52       56     18.7      22.6       0.0        0.0      260.0     130.0       8.3       7.3      66.4       89.3       150.7       206.6  
COD.........................       21       23       51       54    286.8     262.1       0.0        0.0     1500      1500       136.0     110.0    1127.8      940.5      2713.2      2110.7  
Nitrate + Nitrite Nitrogen..       15       17       43       46      0.17      0.19      0.0        0.0        0.82      1.10      0.09      0.11      0.74       0.74        1.61        1.48 
Total Kjeldahl Nitrogen.....       14       17       40       45      2.30      2.14      0.0        0.0        9.30     12.2       1.46      1.30      8.12       5.98       15.63       10.49 
Oil & Grease................       25      N/A       57      N/A      3.8     N/A         0.0      N/A         37.0     N/A         1.8     N/A        12.9      N/A          24.5       N/A    
pH..........................       25      N/A       57      N/A    N/A       N/A         2.8      N/A          8.3     N/A         7.0     N/A         9.3      N/A          10.5       N/A    
Total Phosphorus............       22       24       52       55     89.49     21.38      0.0        0.0     3000.00   1160         0.20      0.23     15.63       3.86       87.17       13.49 
Total Suspended Solids......       22       24       52       55   1024       566.8       0.0        0.0    16520      5192       518       164      6657       3121       25663      10723     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


 Table A-4.--Statistics for Selected Pollutants Reported by Hardwood Dimension and Flooring Mills; Special Products Sawmills, not Elsewhere Classified; Millwork, Veneer, Plywood and Structural
       Wood; Wood Containers; Wood Buildings and Mobile Homes; Reconstituted Wood Products; and Wood Products Facilities not elsewhere classified Submitting Part II Sampling Datai (mg/L)      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................       41       42       74       74     55.8      94.9       0.0        0.0      580.0    1925.0      13.5      17       201.8      225.8       532.8       599.6  
COD.........................       41       42       74       74    366.3     239.4     636.5        0.0     3315.0    1350.0     151.5     128.0    1155.0      702.3      2417.4      1333.8  
Nitrate + Nitrite Nitrogen..       41       42       74       74      2.78      1.43      0.0        0.0       66.00     22.5       0.25      0.31      7.49       4.81       25.93       13.03 
Total Kjeldahl Nitrogen.....       41       42       74       74      2.65      2.56      0.0        0.0       14.70     12.5       1.68      1.70      9.11       8.78       18.16       17.85 
Oil & Grease................       41      N/A       74      N/A     30.7     N/A         0.0      N/A        591.7     N/A         2.0     N/A        74.8      N/A         252.3       N/A    
pH..........................       40      N/A       74      N/A      7.0     N/A         3.6      N/A          9.8     N/A         7.0     N/A         9.1      N/A          10.2       N/A    
Total Phosphorus............       41       42       73       74      0.91      0.55      0.0        0.0       12.00      3.10      0.36      0.38      3.42       2.03        8.15        4.17 
Total Suspended Solids......       41       42       74       74    891       444         0.0        1.0    17000      3700       242       282      5555       2957       21438       9434     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

    The descriptions of industrial activities and significant materials 
exposed submitted by the group applicants in the wood preserving 
subsector indicated that these facilities has a high potential to 
discharge wood preservatives in their storm water discharge. These 
preservatives typically contain copper and arsenic compounds. The 
monitoring data which was statistically analyzed for the wood treatment 
indicated the presence of both arsenic and copper in the discharges. 
However, data from only eight facilities had been submitted in time for 
EPA to perform a statistical analysis. EPA, therefore reviewed 
additional data submitted by wood preserving facilities,and found that 
copper was present in concentrations greater than the benchmark value 
in 22 out of 34 observations. Arsenic was higher than bench mark in 12 
out of 34 observations.
4. Options for Controlling Pollutants
    There are three options for controlling pollutants at timber 
products facilities: source reduction, best management practices 
(BMPs), and/or end-of-pipe treatment. In evaluating the options for 
controlling pollutants in discharges of storm water associated with 
industrial activity, EPA must provide for compliance with the Best 
Available Technology Economically Achievable (BAT) and Best 
Conventional Pollutant Control Technology (BCT) requirements of Section 
402(p)(3) of the Clean Water Act. The variabilities in both the 
industrial activities performed on a specific site and the storm water 
discharges from timber product facilities, coupled with the lack of 
sufficient characterization data make it infeasible to develop effluent 
limitations at this point in time. EPA believes that enabling the 
owner/operator of the facility to develop BMPs based on site-specific 
factors such as facility size, industrial activities performed, 
climate, geographic location, hydrogeology and the environmental 
setting of each facility will provide the flexibility needed to address 
appropriate controls to meet the BAT/BCT requirements. Development of a 
storm water pollution prevention plan that addresses exposure 
minimization BMPs, will be required for all facilities that discharge 
storm water from timber product facilities. EPA believes that exposure 
minimization BMPs will provide appropriate levels of control for 
pollutants in storm water discharges while allowing relatively 
inexpensive BMPs to be implemented. 

[[Page 50840]]
In some instances, however, more labor and resource intensive 
structural controls such as sedimentation ponds may be appropriate. EPA 
believes that the BMPs discussed below will help provide a sufficient 
level of control for the types of pollutants found in discharges 
associated with timber product facilities.
    In developing these industry-specific BMPs both the part 1 
application data for facilities that sampled were reviewed, as well as 
industry-specific literature sources. The BMPs provided are separated 
into those most appropriate for certain areas of a site where 
pollutants may be released such as: log, lumber, and other wood product 
storage areas; residue storage areas; loading and unloading and 
material handling areas; chemical storage areas; and equipment/vehicle 
maintenance, storage and repair areas. These types of activities can be 
found at all types of timber product facilities. Table A-5 provides a 
summary of the effective practices for the control of pollutants for 
all timber product facilities.

 Table A-5.--Effective Pollutant Control Options for All Timber Product 
                               Facilities                               
------------------------------------------------------------------------
         Activity                         Associated BMPs               
------------------------------------------------------------------------
Log, Lumber, and Other     Divert storm water around storage areas with 
 Wood Product Storage       ditches, swales and/or berms.               
 Areas.                                                                 
                           Locate storage areas on stable, well-drained 
                            soils with slopes of 2-5 percent.           
                           Line storage areas with crushed rock or      
                            gravel or porous pavement to promote        
                            infiltration, minimize discharge and provide
                            sediment and erosion control.               
                           Stack materials to minimize surface areas of 
                            materials exposed to precipitation.         
                           Practice good housekeeping measures such as  
                            frequent removal of debris.                 
                           Provide collection and treatment of runoff   
                            with containment basins, sedimentation ponds
                            and infiltration basins.                    
                           Use ponds for collection, containment and    
                            recycle for log spraying operations.        
                           Use of silt fence and rip rap check dams in  
                            drainage ways.                              
Residue Storage Areas....  Locate stored residues away from drainage    
                            pathways and surface waters.                
                           Avoid contamination of residues with oil,    
                            solvents, chemically treated wood, trash,   
                            etc.                                        
                           Limit storage time of residues to prevent    
                            degradation and generation of leachates.    
                           Divert storm water around residue storage    
                            areas with ditches, swales and/or berms.    
                           Assemble piles to minimize surface areas     
                            exposed to precipitation.                   
                           Spray surfaces to reduce windblown dust and  
                            residue particles.                          
                           Place materials on raised pads of compacted  
                            earth, clay, shale, or stone to collect and 
                            drain runoff.                               
                           Cover and/or enclose stored residues to      
                            prevent contact with precipitation using    
                            silos, van trailers, shed, roofs, buildings 
                            or tarps.                                   
                           Limit slopes of storage areas to minimize    
                            velocities of runoff which may transport    
                            residues.                                   
                           Provide collection and treatment of runoff   
                            with containment basins, sedimentation ponds
                            and infiltration basins.                    
                           Use of silt fence and rip rap check dams in  
                            drainage ways.                              
Loading and Unloading and  Provide diversion berms and dikes to limit   
 Material Handling Areas.   runon.                                      
                           Cover loading and unloading areas.           
                           Enclose material handling systems for wood   
                            wastes.                                     
                           Cover materials entering and leaving areas.  
                           Provide good housekeeping measures to limit  
                            debris and to provide dust control.         
                           Provide paved areas to enable easy collection
                            of spilled materials.                       
Chemical Storage Areas...  Provide secondary containment around chemical
                            storage areas.                              
                           Provide fluid level indicators.              
                           Inventory of fluids to identify leakage.     
                           Locate storage areas away from high traffic  
                            areas and surface waters.                   
                           Develop spill prevention, containment and    
                            countermeasure (SPCC) plans and implement.  
                           Cover and/or enclose chemical storage areas. 
                           Provide drip pads to allow for recycling of  
                            spills and leaks.                           
------------------------------------------------------------------------
Sources:                                                                
NPDES Storm Water Group Application--Part 1. Received by EPA March 18,  
  1991, through December 31, 1992.                                      
``Regulatory Guidance and Waste Reduction Manual for United States      
  Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 1993.      
``Background Document Supporting the Proposed Listing of Wastes From    
  Wood Preservation and Surface Protection Processes,'' EPA Office of   
  Solid Waste, July 1987.                                               
``Chlorophenate Wood Protection, Recommendations for Design and         
  Operation,'' Environment Canada, December 1983.                       
Wood Preserving; Identification and Listing of Hazardous Wastes; Final  
  Rule, ``Federal Register,'' Volume 55, No. 235, December 6, 1990.     
Selected pages from ``Texas Best Management Practices for               
  Silviculture,'' Texas Forestry Association, 1989. Submitted for       
  inclusion by American Pulpwood Association, Washington, D.C.          

    Wood surface protection and preserving facilities should consider 
additional controls for their storm water discharges because of the 
types of pollutants which may contaminate the discharges. Therefore, 
Table A-6 contains a summary of effective practices for the control of 
pollutants from timber product facilities that treat their wood. These 
BMPs are to be considered in conjunction with BMPs in Table A-5.

                                                                        

[[Page 50841]]
  Table A-6.--Additional Effective Pollutant Control Options for Timber 
           Product Facilities That Surface Protect or Preserve          
------------------------------------------------------------------------
         Activity                         Associated BMPs               
------------------------------------------------------------------------
Wood surface protection    Extend drip time in process areas before     
 and preserving             moving to storage areas.                    
 activities.                                                            
                           Pave and berm areas used by equipment that   
                            has come in contact with treatment          
                            chemicals.                                  
                           Dedicate equipment that is used for treatment
                            activities to that specific purpose only to 
                            prevent the tracking of treatment chemicals 
                            to other areas on the site.                 
                           Locate treatment chemical loading and        
                            unloading areas away from high traffic areas
                            where tracking of the chemical may occur.   
                           Provide drip pads under conveyance equipment 
                            from treatment process areas.               
                           Provide frequent visual inspections of       
                            treatment chemical loading and unloading    
                            areas during and after activities occur to  
                            identify any spills or leaks needing clean- 
                            up.                                         
                           Cover and/or enclose treatment areas.        
                           Provide containment in treated wood storage  
                            areas.                                      
                           Cover storage areas to prevent contact of    
                            treated wood products with precipitation.   
                           Elevate stored, treated wood products to     
                            prevent contact with runon/runoff.          
------------------------------------------------------------------------
Sources:                                                                
NPDES Storm Water Group Application--Part 1. Received by EPA March 18,  
  1991 through December 31, 1992.                                       
``Regulatory Guidance and Waste Reduction Manual for United States      
  Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 1993.      
``Background Document Supporting the Proposed Listing of Wastes From    
  Wood Preservation and Surface Protection Processes,'' EPA Office of   
  Solid Waste, July 1987.                                               
``Chlorophenate Wood Protection, Recommendations for Design and         
  Operation,'' Environment Canada, December 1983.                       
Wood Preserving; Identification and Listing of Hazardous Wastes; Final  
  Rule, ``Federal Register,'' Volume 55, No. 235, December 6, 1990.     
Selected pages from ``Texas Best Management Practices for               
  Silviculture,'' Texas Forestry Association, 1989. Submitted for       
  inclusion by American Pulpwood Association, Washington, D.C.          


    Control of sediments leaving the site should also be considered by 
timber product facilities as sediments contribute to the total 
suspended solids in the storm water discharges. There are several areas 
of the site that may be prone to erosion due to intense industrial 
activities. These areas include, but are not limited to: loading and 
unloading areas, access roads, material handling areas, storage areas, 
and any other areas where heavy equipment and vehicle use is prevalent. 
Specific erosion and sediment controls should be implemented to 
minimize the discharge of sediments from the site. Measurements that 
timber facilities may consider include, but are not limited to: 
stabilization measures such as seeding, mulching, chemical 
stabilization, sodding, soil retaining measures and dust control and 
structural measures such as sediment traps, contouring, sediment 
basins, check dams and silt fences.
5. Special Conditions
    a. Prohibition of Non-storm Water Discharges. Today's permit 
authorizes, in addition to the discharges described in part III.A.2., 
an additional non-storm water discharge specific to the timber products 
industry that, when combined with storm water, is authorized to be 
discharged under this permit. To be authorized under the permit, the 
sources of non-storm water must be identified in the storm water 
pollution prevention plan prepared for the facility. Where these 
discharges occur, the plan must identify and ensure the implementation 
of appropriate pollution prevention measures for the non-storm water 
components of the discharge. Authorized discharges include the 
following: spray down of lumber and wood product storage yards.
    Spray down of lumber and wood product in storage yards is 
intermittently performed for fire control and pest control. Discharges 
from spray down activities are not storm water discharges; however, 
resulting discharges created as a result of spray down of raw lumber 
and wood product storage yards are authorized under this section where 
no chemical additives are used in the spray down waters and no 
chemicals are applied to the wood during storage. EPA believes that 
this practice, when performed in compliance with the terms and 
conditions of this section, will not pose any additional risks to human 
health and the environment because it is an industrial activity which 
is performed intermittently and within the confines of an area that 
should already contain controls for pollutants in storm water 
discharges.
    It should be noted that the following discharges are not authorized 
under this section: noncontact cooling wastewater; contact cooling 
wastewater; boiler blowdown and water treatment wastewater; and storm 
water from areas of surface protection hand spraying activities.
    This prohibition of unpermitted non-storm water discharges ensures 
that these discharges are not inadvertently covered under this section 
and requires the permittee to submit the appropriate NPDES permit 
applications to gain coverage for the non-storm water portion of the 
discharge.
6. Storm Water Pollution Prevention Plan Requirements
    Several storm water pollution prevention plan requirements are 
added in the section of today's permit for the timber products 
industry, in addition to the baseline conditions described in part 
VI.C. of today's fact sheet. These deal with the identification and 
description of potential pollutant sources, and requirements to meet 
specific good housekeeping, inspection, and sediment/erosion control 
measures. EPA is also recommending that several criteria be considered 
during the development of the storm water pollution prevention plan.
    a. Contents of the Plan
    (1) Description of Potential Pollutant Sources
    (a) Drainage--There are no additional requirements beyond those 
described in Part VI.C.2.a. of this fact sheet.
    (b) Inventory of Exposed Materials--This section will require those 
facilities that have conducted activities associated with wood 
preserving and wood surface protection with pentachlorophenol 
formulations, creosote formulations, or arsenic/

[[Page 50842]]
chromium formulations in the past to identify: areas where soils are 
contaminated, treatment equipment, and/or stored materials which remain 
as a result of these operations. This section will also require the 
identification of any management practices being employed to minimize 
the contact of these materials with storm water runoff.
    EPA has added these requirements because it is aware through 
studies performed for the hazardous waste listing process that sites 
where wood surface protection and wood preserving chemicals have been 
used in the past continue to contribute pollutants to the storm water 
discharges that come in contact with them, even once the industrial 
activity has ceased.36 In particular, soils that have been 
contaminated with formulation chemicals, equipment such as dipping 
tanks and those used for material handling, and wastes and materials 
that are still stored on the site may continue to release pollutants. 
EPA is requiring the facility to identify these pollutant sources so 
that appropriate controls can be implemented.

    \36\ ``Background Document Supporting the Proposed Listing of 
Wastes from Surface Protection Processes, Part One Final Engineering 
Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
---------------------------------------------------------------------------

    During the EPA process to list wastes from wood preservation and 
surface protection processes, data were gathered that showed that the 
concentration of constituents (of the treatment chemicals) in storm 
water runoff, in some instances, were equivalent to those 
concentrations found in process wastewaters. These studies also found 
high concentrations of phenolic compounds, pentachlorodifluron and 
phenanthrenes, and metals in soils contaminated with process residuals 
at several sites. These concentrations were attributed to treated wood 
drippage and precipitation washoff of treated woods.37

    \37\ ``Background Document Supporting the Proposed Listing of 
Wastes from Surface Protection Processes, Part One Final Engineering 
Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
---------------------------------------------------------------------------

    Where facilities have used chlorophenolic, creosote, or chromium-
copper-arsenic formulations for wood surface protection or preserving 
activities onsite in the past, and information is available, EPA is 
requiring that the facility inventory the following: areas where soils 
are contaminated, treatment equipment, and treated materials remain. 
Once these areas are identified, measures to minimize their exposure to 
storm water or to limit discharge of pollutants into storm water must 
be implemented. EPA is requiring this evaluation because soils, 
equipment, and other materials that are contaminated by treatment 
chemicals may continue to be a source of pollutants and can contribute 
to the contamination of storm water runoff.
    (c) Non-storm Water Discharges--There are no additional 
requirements beyond those described in Part III.A.2. of this permit.
    (d) Risk Identification and Summary of Potential Pollutant 
Sources--There are not additional requirements beyond those described 
in Part VI.C.2.f. of this fact sheet.
    (2) Measures and Controls. As contained in Part VIII.A.5. of this 
fact sheet, EPA has set forth a number of options which are effective 
in controlling releases of pollutants to storm water discharges 
associated with industrial activity. Due to the success of BMPs as a 
cost effective method of pollution control, EPA is requiring that all 
facilities consider the implementation of BMPs in the following areas 
of the site: log, lumber and other wood product storage areas; residue 
storage areas, loading and unloading areas; material handling areas; 
chemical storage areas; and equipment/vehicle maintenance, storage and 
repair areas. The conditions of this section also require facilities 
that surface protect and/or preserve wood products to address specific 
BMPs for wood surface protection and preserving activities.
    EPA believes it is appropriate to require that permittees indicate 
in their storm water pollution prevention plan all potential sources of 
pollution. Effective pollution control measures are currently being 
implemented at timber product facilities and/or are identified in 
literature sources specific to timber products facilities. Additional 
practices may also be found in the ``Storm Water Management for 
Industrial Activities, Developing Pollution Prevention and Best 
Management Practices'' (EPA 832-R-92-006), EPA, September 1992. The 
determination of the appropriateness or inappropriateness of a measure 
must be indicated in the facility's storm water management plan.
    (a) Good Housekeeping--In addition to typical good housekeeping 
measures that require the maintenance of areas which may contribute 
pollutants to storm water in a clean and orderly manner, the pollution 
prevention plan must specifically address good housekeeping measures 
and the specific frequency of performance of these measures which are 
designed to: (1) limit the discharge of wood debris; (2) minimize the 
leachate generated from decaying wood materials; and (3) minimize the 
generation of dust.
    EPA has specified that BMPs limit the discharge of solids because 
storm water discharges containing TSS and BOD5 are prevalent at 
timber products facilities and can often be controlled by good 
housekeeping measures.
    (b) Preventive Maintenance--This section requires periodic removal 
of debris from ditches, swales, diversion, containment basins, and 
infiltration measures. The discharge of solids at timber product 
facilities may inhibit the performance of storm water controls if they 
are not maintained properly.
    (c) Spill Prevention and Response Procedures--This section requires 
the development of schedules for response procedures to limit the 
tracking of spilled materials to other areas of the site. Specifically, 
this section requires that leaks or spills of wood surface protection 
or preservation chemicals be cleaned up immediately.
    Requirements have been placed in this section to limit the tracking 
of significant materials that have been leaked or spilled on the site 
from containers, facility equipment, or onsite vehicles. Of particular 
concern is the tracking of leaks or spills of treatment chemicals 
outside near where storm water controls are in place. This may occur, 
for example, during the filling of storage tanks. Vehicles or equipment 
used to transfer materials may come into contact with any materials 
spilled during the filling or emptying of tanks. As the vehicles move 
to other locations at the site, such material may be tracked and 
eventually lead to contamination of storm water discharges.
    (d) Inspections--Facility operators must conduct visual inspections 
of BMPs on a quarterly basis. Inspections must be performed quarterly 
at processing areas, transport areas, and treated wood storage areas of 
facilities performing wood surface protection and preservation 
activities. Quarterly inspections are designed to assess the usefulness 
of practices in minimizing drippage of treatment chemicals on 
unprotected soils and in areas that will come in contact with storm 
water discharges. In addition, all timber products facilities must 
conduct daily inspections of material handling activities and unloading 
and loading areas whenever activities are occurring in those areas (if 
activities are not occurring in those areas, no inspection is 
required).

[[Page 50843]]

    Records will be required to be maintained showing that these 
inspections have been performed at the required frequencies. In 
addition, a set of tracking or follow-up procedures must be implemented 
to ensure appropriate actions are taken based on the findings of the 
inspections. These records should be developed on a case-by-case basis 
depending upon the facility's needs.
    (e) Employee Training--There are no additional requirements beyond 
those listed in Part VI.C.3.e. of this fact sheet.
    (f) Sediment and Erosion Control--This section requires that the 
following areas of the plant be considered for sediment and erosion 
controls: loading and unloading areas, access roads, material handling 
areas, storage areas, and any other areas where heavy equipment and 
vehicle use is prevalent. Sediment and erosion controls include: 
stabilization measures such as seeding, mulching, chemical 
stabilization, sodding, soil retaining measures; and dust control and 
structural measures such as sediment traps, contouring, sediment 
basins, check dams, and silt fences. This requirement is added because 
part 2 storm water group permit application data showed that many of 
the sites were discharging high TSS concentrations in their storm water 
discharges. Identifying those areas of the site where erosion occurs 
will aid the permittee in determining appropriate BMPs that will 
achieve a reduction in TSS loadings.
    (g) Storm Water Management--There are no additional requirements 
beyond those described in Part VI.C.3.h. of this fact sheet.
    (3) Comprehensive Site Compliance Evaluation. There are no 
additional requirements beyond those described in Part VI.C.4. of this 
fact sheet.
7. Monitoring and Reporting Requirements
    (a) Analytical Monitoring Requirements. Under the revised 
methodology for determining pollutants of concern for the timber 
products subsectors, all facilities must monitor their storm water 
discharges. EPA believes that timber product facilities may reduce the 
level of pollutants in storm water runoff from their sites through the 
development and proper implementation of the storm water pollution 
prevention plan requirements discussed in today's permit. In order to 
provide a tool for evaluating the effectiveness of the pollution 
prevention plan and to characterize the discharge for potential 
environmental impacts, today's permit requires timber products 
facilities to collect and analyze grab samples of their storm water 
discharges for the pollutants listed in the applicable Tables (A-7 
through A-10). The pollutants listed in Tables A-7 through A-10 were 
found to be above benchmark levels for a significant portion of 
facilities in the subsectors that submitted quantitative data in the 
group application process. Because these pollutants have been reported 
at or above benchmark levels, EPA is requiring monitoring after the 
pollution prevention plan has been implemented to assess the 
effectiveness of the pollution prevention plan and to help ensure that 
a reduction of pollutants is realized.
    Today's permit requires the wood preserving subsector to monitor 
for arsenic and copper. These parameters are commonly found in wood 
preservatives. The discharge data initially analyzed by EPA indicate 
that these parameters are found in the storm water discharges from wood 
preserving facilities. Review of additional sampling data revealed that 
there was a substantial portion of the facilities discharging these 
parameters in concentrations greater than the bench mark values. 
Therefore, EPA has determined that monitoring of arsenic and copper is 
necessary to ensure that the storm water pollution prevention plans 
developed by wood preserving facilities adequately addresses sources of 
these parameters.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen is above the bench mark concentrations for the wood preserving 
subsector. After a review of the nature of industrial activities and 
the significant materials exposed to storm water described by 
facilities in this subsector, EPA has determined that the higher 
concentrations of nitrate plus nitrite nitrogen are not likely to be 
caused by the industrial activity, but may be primarily due to non-
industrial activities on-site. Today's permit does not require wood 
preserving facilities to conduct analytical monitoring for this 
parameter.
    At a minimum, storm water discharges from timber products 
facilities must be monitored quarterly during the second year of permit 
coverage. Samples must be collected at least once in each of the 
following periods: January through March; April through June; July 
through September; and October through December. At the end of the 
second year of permit coverage, a facility must calculate the average 
concentration for each parameter listed in the applicable Tables (A-7 
through A-10). If the permittee collects more than four grab samples in 
this period, then they must calculate an average concentration for each 
pollutant of concern for all samples analyzed.

  Table A-7.--Monitoring Requirements for General Sawmills and Planing  
                                  Mills                                 
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)......................  120 mg/L.           
Total Suspended Solids (TSS)......................  100 mg/L.           
Zinc, Total Recoverable...........................  0.065 mg/L.         
------------------------------------------------------------------------


                                                                        

[[Page 50844]]
  Table A-8.--Additional Monitoring Requirements for Wood Preservation  
               Facilities With Chlorophenolic Formulations              
------------------------------------------------------------------------
                                                           Cut-off      
               Parameter of concern                     concentration   
------------------------------------------------------------------------
Total Recoverable Arsenic.........................  0.16854 mg/L.       
Total Recoverable Copper..........................  0.0636 mg/L.        
------------------------------------------------------------------------



    Table A-9.--Monitoring Requirements for Log Storage and Handling    
                               Facilities                               
------------------------------------------------------------------------
                                                           Cut-off      
               Parameter of concern                     concentration   
------------------------------------------------------------------------
Total Suspended Solids (TSS)......................  100 mg/L.           
------------------------------------------------------------------------


Table A-10.--Monitoring Requirements for Hardwood Dimension and Flooring
     Mills; Special Products Sawmills; Millwork, Veneer, Plywood and    
   Structural Wood; Wood Containers; Wood Buildings and Mobile Homes;   
 Reconstituted Wood Products; and Wood Products Facilities Not Elsewhere
                               Classified                               
------------------------------------------------------------------------
                                                           Cut-off      
               Parameter of concern                     concentration   
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)......................  120 mg/L.           
Total Suspended Solids (TSS)......................  100 mg/L.           
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in the appropriate Tables (A-7 through A-10), then 
the permittee is not required to conduct quantitative analysis for that 
parameter during the fourth year of the permit. If, however, the 
average concentration for a parameter is greater than the cut-off 
concentration listed in Tables (A-7 through A-10), then the permittee 
is required to conduct quarterly monitoring for that parameter during 
the fourth year of permit coverage. Monitoring is not required during 
the first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit.

                   Table A-11.--Schedule of Monitoring                  
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Tables A-7 through 
                            A-10, then quarterly sampling is required   
                            during the fourth year of the permit.       
                            If average concentration is less    
                            than or equal to the value listed in Tables 
                            A-7 through A-10, then no further sampling  
                            is required for that parameter.             
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Tables A-7 through A-10.    
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Tables A-7 through 
A-10 are not numerical effluent limitations. These values represent a 
level of pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities that submitted Part 2 data from the applicable subsectors 
reported concentrations more than or equal to the values listed in 
Tables A-7 through A-10. Facilities that achieve average discharge 
concentrations which are less than or equal to the values in Tables A-7 
through A-10 are not relieved from the pollution prevention plan 
requirements or any other requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, there are 
monitoring requirements for facilities which the Agency believes have 
the potential for contributing significant levels of pollutants to 
storm water discharges. The alternative described below is necessary to 
ensure that monitoring requirements are only imposed on those 
facilities that do, in fact, have storm water discharges containing 
pollutants at concentrations of concern. EPA has determined that if 
materials and activities are not exposed to storm water at the site, 
then the potential for pollutants to contaminate storm water discharges 
does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a 

[[Page 50845]]
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports described under paragraph (c) below, 
under penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, and significant materials 
from past industrial activity that are located in areas of the facility 
that are within the drainage area of the outfall are not presently 
exposed to storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA in accordance with 
Part VI.C of this permit. In the case of certifying that a pollutant is 
not present, the permittee must submit the certification along with the 
monitoring reports required under paragraph (c) below. If the permittee 
cannot certify for an entire period, they must submit the date exposure 
was eliminated and any monitoring required up until that date. This 
certification option is not applicable to compliance monitoring 
requirements associated with effluent limitations. EPA does not expect 
facilities to be able to exercise this certification for indicator 
parameters such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
per storm event sampled. For facilities conducting monitoring beyond 
the minimum requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Timber 
products facilities shall perform and document a visual examination of 
a storm water discharge associated with industrial activity from each 
outfall, except discharges exempted below. The examination(s) must be 
made at least once in each of the following 3-month periods: January 
through March, April through June, July through September, and October 
through December. The examination shall be made during daylight hours 
unless there is insufficient rainfall or snow melt to produce a runoff 
event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of 

[[Page 50846]]
a sample impracticable (drought, extended frozen conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.

B. Storm Water Discharges Associated With Industrial Activity From 
Paper and Allied Products Manufacturing Facilities

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This definition included point source discharges of storm 
water from 11 categories of facilities, including paper and allied 
product manufacturing facilities that are commonly identified by 
Standard Industrial Classification (SIC) Major Group 26. Today's permit 
establishes special conditions for the storm water discharges 
associated with industrial activities at paper and allied product 
manufacturing facilities. Based on an evaluation of part 1 and part 2 
group application data, these facilities were determined to perform 
similar operations, use similar raw materials, and employ similar 
material handling and storage practices. In light of the available 
information, it was determined that the storm water discharge 
characteristics would be similar for facilities covered by this 
section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Industry Profile
    SIC Major Group 26, the production of pulp, paper, and paperboard, 
is a highly diversified industry group which manufactures a variety of 
products. Products include newsprint, printing and writing papers, 
bleached and unbleached packaging paper, glassine, tissue papers, 
vegetable parchment, greaseproof papers, bleached and unbleached 
paperboard, special industrial papers, and pulp. Pulp, paper, and 
paperboard is produced from wood and nonwood products such as jute, 
hemp, rags, cotton linters, bagasse, and esparto. Secondary fibers, or 
wastepaper, is also used to produce paper and paperboard.
    Four standard manufacturing processes are involved in the 
production of pulp, paper, and paperboard: (1) Raw material 
preparation, (2) pulping, (3) bleaching, and (4) papermaking.
    a. Raw Material Preparation. Wood is the most widely used raw 
material for manufacturing pulp and paper products. Wood must be 
prepared for pulping by log washing, bark removal, and chipping/sawing. 
These activities are usually conducted outdoors and produce large 
amounts of wood chips, sawdust, and other wood debris. If exposed to 
storm water, these activities may contribute TSS and BOD5 to the 
storm water discharge.
    b. Pulping. Pulping involves reducing a cellulosic raw material 
into a form that may be further processed to produce paper or 
paperboard, or into a form that may be chemically converted. Two 
pulping methods are used to reduce the raw material: mechanical pulping 
and chemical pulping.
    Mechanical pulping, also known as groundwood pulping, uses two 
processes to produce pulp, stone groundwood and refiner groundwood. 
Stone groundwood uses a grindstone to tear fiber from the side of short 
logs. Refiner groundwood passes wood chips through a disc refiner. In 
both processes, wood may be softened with chemicals or heat to reduce 
the amount of energy required for grinding. Mechanical pulp is very 
suitable for use in newspapers, catalogs, tissues, and one-time 
publications.
    Chemical pulping, using cooking chemicals under controlled 
conditions, produces a variety of pulps for multipurposes. This process 
generally produces high quality paper products. Three types of chemical 
pulping are used: alkaline, sulfite, and semichemical.
    Alkaline pulping, more commonly known as the kraft process, 
produces a very strong pulp and is adaptable to almost all wood 
species. The pulp is formed by boiling wood chips in an alkaline 
solution usually containing sodium sulfate. Alkaline pulping also 
provides for the successful recovery of chemicals used in the process. 
This pulping technique is the most highly used pulping process 
worldwide.
    Sulfite pulps are generally prepared from softwoods and produce 
various types of paper including tissue paper and writing paper. Wood 
chips are boiled with calcium-based chemicals, magnesium-based 
chemicals, or ammonia-based chemicals. Calcium was the original sulfite 
liquor base, however, the spent liquor from this base was difficult and 
expensive to recover. Many sulfite mills have now been converted to the 
kraft process or have been shut down because of the problems of 
chemical recovery and the reduced availability of softwoods.
    Semichemical pulping involves the cooking of wood chips from 
hardwoods with a neutral or slightly alkaline sodium sulfite solution. 
Both sodium and ammonia-based chemicals are used in this process. Pulps 
produced from semichemical pulping are used in the manufacture of 
corrugated paperboard. Semichemical pulping mills practice chemical 
recovery from the waste liquor by balancing the pH of the waste liquor. 
Spent liquor is then burned in a furnace.
    Some facilities use secondary fibers to produce the paper products. 
Secondary fibers are wastepapers and may be used with little or no 
preparation depending on their condition. The wastepaper may be blended 
directly with the virgin pulps or may have to be screened and filtered 
to remove dirt before being added to the pulp.
    Some secondary fibers must be deinked before use. In order to 
reclaim a useful pulp, all noncellulosic materials, such as ink, 
fillers, and coatings, must be removed. This process uses detergents 
and solvents to remove these materials. The detergents and solvents may 
be stored in an area exposed to storm water.
    c. Bleaching. After pulping, the pulp is brown or deeply colored. 
The color results from the presence of lignins and resins or residue 
from spent cooking liquor. The pulp must be bleached to produce a light 
colored or white product.
    A brightness scale ranging up to 100 (the brightest) is used to 
determine the degree of bleaching needed. For example, newspaper and 
food containers do not need a high degree of brightness so semibleached 
pulps are used. For white paper products, fully-bleached pulps are 
used. A bleaching sequence is followed in which specific chemicals are 
sequentially added. The following sequence may be used in bleaching: 
chlorination and washing; alkaline extraction and washing; 

[[Page 50847]]
chlorine dioxide addition and washing; alkaline extraction and washing, 
and chlorine dioxide addition and washing.
    The sequence may be modified to meet specific bleaching 
requirements. In general, less bleaching is required for mechanical 
pulps because they contain all of the wood substrate and would require 
massive amounts of bleaching. Therefore, mechanical pulps are used to 
produce lower quality paper products, such as telephone directories, 
newsprint, and disposable products. Chemical pulps may be brightened to 
a higher degree. Hydrosulfite, hypochlorite, chlorine, oxygen, and 
peroxides are used in bleaching and may be stored in areas exposed to 
storm water.
    d. Papermaking. After pulps have been bleached, further mixing and 
blending may be necessary and noncellulosic materials may be added to 
prepare the pulp for the papermaking stage. Different types of pulp may 
be blended for desired effects. Softwood pulps are very strong and are 
used to make high strength, tear resistant paper. These pulps may be 
blended with hardwood pulps which add porosity, opacity, and 
printability qualities to the paper. Other materials may be added to 
the pulp such as clay, talc, or calcium carbonate to improve the 
texture, brightness, or opacity of the paper. By adding resin or 
starch, the paper becomes more ink or water resistant. Each of these 
additives may be a source of contamination for storm water if stored 
outdoors.
    After noncellulosic materials have been blended with the pulp, it 
is ready for papermaking. The mixture of pulp and additives is called a 
pulp furnish. In making paper, fiber from a dilute pulp furnish is 
placed on a fine screen, called a wire. The water is drained through, 
and the fiber layer is removed, pressed and dried.
    Two basic types of processes are used in papermaking: the cylinder 
machine and the Fourdrinier. The cylinder machine has wire cylinders 
which rotate in the dilute pulp furnish and collect fibers. The 
cylinders deposit the collected fibers on a moving felt to form a 
fibrous sheet. In the Fourdrinier process, the dilute pulp furnish is 
placed on a continuous wire belt where the fibrous sheet is formed. The 
cylinder machine is usually associated with the manufacturing of heavy 
grades of paper and paperboard; the Fourdrinier process is mostly used 
for producing paper, but may also be used to make paperboard.
    The pressing and drying operations are similar for the two 
processes. After the fibrous sheet is formed, it is transferred to two 
or more presses to remove water and enhance smoothness and density. The 
sheet is then dried by being passed through heated hollow iron or steel 
cylinders. For a smoother finish, the sheet may be passed through a 
series of rollers (calendaring) used to produce high density paper.
    After the sheet is dry, coatings may be applied to increase 
appearance, printability, water resistance, or texture. Coatings 
consist of a high density water slurry of pigments and adhesives that 
are blended together. Mixtures of starches, latices, polyvinylacetate, 
and recoverable solvents are used depending on the purpose of the 
coating. The coating is applied using rolls, air knives, blades, or 
metering rods. High gloss and smoothness is achieved by using high 
speed rollers with alternating steel and fabric-filled rolls. The 
coatings, when stored exposed to storm water discharges may be a source 
of contamination.
    e. Wastewater Treatment. Most pulp, paper, and paperboard 
facilities have onsite wastewater treatment systems for treating 
process wastewater, although some facilities may discharge to a POTW. 
To reduce BOD5 and TSS loads, many facilities use biological 
treatment. The most common treatment process is aerated stabilization. 
At nonintegrated facilities (facilities that do not produce pulp) and 
secondary fibers facilities, however, primary treatment may be the only 
method used. At these facilities, primary treatment is usually very 
effective in reducing BOD5.
    f. Activities Contributing to Storm Water Contamination. Although 
there is diversity among the types of final products produced at pulp, 
paper, and paperboard facilities, several industrial activities are 
common to all. These activities are presented in Table B-1 Below.

  Table B-1.--Common Industrial Activities at Paper and Allied Product  
                        Manufacturing Facilities                        
------------------------------------------------------------------------
                          Industrial Activities                         
-------------------------------------------------------------------------
Bactericide use                                                         
Baghouse, cyclone, dust collectors                                      
Coating                                                                 
Corrugate                                                               
Creasing                                                                
Cutting                                                                 
Equipment storage                                                       
Vehicle fueling                                                         
Gluing                                                                  
Rail and Truck loading areas                                            
Material handling sites                                                 
Printing                                                                
Access Railroads                                                        
Scoring                                                                 
Stitching                                                               
Storage areas                                                           
Taping                                                                  
------------------------------------------------------------------------

    Typical activities performed at pulp, paper, and paperboard 
facilities include log washing, chipping and cutting of logs, log 
sorting, log storage, and loading and unloading of logs onto trucks or 
railroad cars for transport to other facilities. These log storage and 
handling activities may contribute bark and wood debris, TSS, and 
leachates to a storm water discharge. Leachates from the decay of wood 
products may contain high levels of TSS and BOD5.
    Many of the facilities in SIC Major group 26 employ the use of 
material handling equipment (forklifts, loaders, vehicles, chippers, 
debarkers, cranes, etc.), vehicles, and other machinery. These 
facilities store the equipment onsite and may also engage in equipment 
maintenance and repair activities. These types of activities are 
performed in either covered or outdoor areas of the facility. 
Associated with these activities is the storage of significant 
materials such as petroleum products and other maintenance fluids such 
as fuels, motor oils, hydraulic oils, lubricant fluids, brake fluids, 
and antifreeze. When exposed to storm water, these materials may cause 
contamination of a storm water discharge.
    The manufacturing processes at paper and allied product 
manufacturing facilities are not typically exposed to storm water. 
Because of the lack of industrial activities occurring outdoors, the 
primary sources of storm water pollutants originate from materials 
handling, storage of materials, and waste management or disposal 
activities. Sources of pollutant are most often from spills and leaks 
of materials at loading and unloading areas, storage areas, and waste 
disposal areas. Table B-2 lists the materials that may be exposed to 
storm water at paper and allied product manufacturing facilities.

  Table B-2.--Common Significant Materials at Paper and Allied Product  
                        Manufacturing Facilities                        
------------------------------------------------------------------------
                      Significant Materials Onsite                      
-------------------------------------------------------------------------
Solvents                                                                
Glues                                                                   
Fuels                                                                   

[[Page 50848]]
                                                                        
Oils                                                                    
Lubricants                                                              
Alcohol                                                                 
Starch                                                                  
Wooden pallets                                                          
Paper rollstock                                                         
Waxes                                                                   
Air emissions from solvent recovery processes                           
Baled waste paper                                                       
Dyes                                                                    
Inks                                                                    
Ammonia                                                                 
Biocides                                                                
Miscellaneous materials removed during pulping                          
Final products                                                          
Adhesives                                                               
Paper wastes                                                            
Dust and particulates from cyclones used in paper trim activities,      
 resins/polymers                                                        
Clay slurries.                                                          
------------------------------------------------------------------------


3. Pollutants in Storm Water Discharges Associated With Industrial 
Activity From Paper and Allied Product Manufacturing Facilities
    Few pollutants are expected in storm water discharges from the 
manufacturing of paper and allied products, because the majority of 
industrial activities occur indoors. Pollutants may be present in storm 
water as a result of outdoor activities associated with the industry 
such as discharges which come into contact with the following areas of 
the site: loading or unloading of materials; outdoor storage of raw 
materials or unpackaged products; outdoor process activities; dust or 
particulate generating processes; and illicit connections or 
inappropriate management practices.
    The volume and quantity of storm water discharges associated with 
industrial activity depend upon a number of factors, including the 
nature of the industrial activities occurring at the facility, the 
nature of the precipitation, and the degree of surface imperviousness. 
Storm water may pick up pollutants from structures and other surfaces 
as it drains from the facility. Even within a group of facilities with 
similar activities and materials used, handled, stored, or produced, 
the quality of the storm water can vary greatly.
    The regulatory deadline for submission of the part 2 data was 
October 1, 1992. Many part 2 data submittals remain incomplete and many 
of those that did submit data did not identify the significant material 
or industrial activity that may have contributed the pollutants to the 
storm water discharge. Based on the wide variety of industrial 
activities and significant materials at the facilities included in this 
sector, EPA believes it is appropriate to divide the paper and allied 
products manufacturing industry into subsectors to properly analyze 
sampling data and determine monitoring requirements. As a result, this 
sector has been divided into the following subsectors: paper mills; 
paperboard mills, paperboard containers and boxes; and converted paper 
and paperboard products, except containers and boxes. Tables B-2, B-3, 
and B-4 below include data for the eight pollutants that all facilities 
were required to monitor for under Form 2F. The tables also list those 
parameters that EPA has determined merit further monitoring. A table 
has not been included for paper mill facilities because less than 3 
facilities submitted data in that subsector.

                                  Table B-2.--Statistics for Selected Pollutants Reported by Paperboard Mill Facilities Submitting Part II Sampling Data (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................        9        9       10       10    164.2      77.7       2.0        0.0     1000.0     306.0      18.0      28.0     733.9      412.7      2708.8      1153.4  
COD.........................        9        9       10       10    402.3     228.9      50.0       31.0     1720.0     780.0     200.0     124.5    1318.6      701.4      2729.5      1301.7  
Nitrate + Nitrite Nitrogen..        9        9       10       10      0.86      0.84      0.00       0.13       3.19      1.85      0.50      0.62      2.83       2.78        5.38        5.31 
Total Kjeldahl Nitrogen.....        9        9       10       10      3.72      3.88      0.52       0.31      10.20     10.8       2.19      2.47     12.88      15.88       25.84       35.33 
Oil & Grease................        8      N/A        9      N/A      9.3     N/A         1.0      N/A         35.0     N/A         5.0     N/A        37.8      N/A          87.8       N/A    
pH..........................        9      N/A       10      N/A    N/A       N/A         7.1      N/A     .........    N/A         7.7     N/A     .........    N/A      ..........     N/A    
Total Phosphorus............        9        9       10       10      0.37      0.31      0.08       0.09       1.50      0.58      0.27      0.29      1.04       0.71        1.86        1.07 
Total Suspended Solids......        9        9       10       10    481        54.5       9          8.0     3390       198.0     168        36      1840        184.7      5161         370.0  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                         Table B-3.--Statistics for Selected Pollutants Reported by Paperboard Containers and Boxes Facilities Submitting Part II Sampling Data i (mg/L)                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................       47       44       74       66     21.9      16.9       0.0        0.0      163.0     271.0      10.5       8.0      75.4       47.72      164.5        92.63 
COD.........................       47       44       74       67    184.8     115.8       0.0        0.0     2200.0    1400.0      79.5      51.00    698.5      350.8      1663.4       738.9  
Nitrate + Nitrite Nitrogen..       47       44       74       67      1.03      0.838     0.00       0.0        4.97      5.6       0.59      0.48      3.80       3.07        8.44        6.80 
Total Kjeldahl Nitrogen.....       47       44       74       67      4.23      3.61      0.00       0.0       89.60     64.9       1.94      1.90     11.42       9.69       22.99       18.4  
Oil & Grease................       47      N/A       74      N/A      4.3     N/A         0.0      N/A         61.0     N/A         1.0     N/A        18.4      N/A          44.4       N/A    
pH..........................       47      N/A       72      N/A    N/A       N/A         3.8      N/A          9.0     N/A         6.8     N/A         8.8      N/A           9.9       N/A    
Total Phosphorus............       46       43       73       66      0.45      0.41      0.00       0.0       10.30     10.8       0.17      0.15      1.12       0.94        2.23        1.79 
Total Suspended Solids......       47       44       74       66    141        39.55      0          0.0     2340       550        47        12.5     658        157.88     1987         413.3  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 50849]]
Table B-4.--Statistics for Selected Pollutants Reported by Converted Paper and Paperboard Products, Except Containers and Boxes Manufacturing Facilities Submitting Part II Sampling Data i (mg/
                                                                                               L)                                                                                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant                # of          # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile    
-----------------------------   Facilities   ---------------------------------------------------------------------------------------------------------------------------------------------------
                             ----------------                                                                                                                                                   
         Sample type           Grab    Comp     Grab     Comp       Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab         Comp   
----------------------------------------ii------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................      19      17       37        35     26.8      24.2       0.0        0.0      152.0     367.0       6.7       8.0      98.8       70.7       239.9        157.2  
COD.........................      19      17       37        36    159.1     154.1       8.0        0.0     1300.0    1486.0      49.0      43.5     484.9      503.4      1137.2       1220.7  
Nitrate + Nitrite Nitrogen..      19      17       37        34      0.93      0.74      0.00       0.0        5.20      2.44      0.40      0.46      3.17       2.19        6.72         3.98 
Total Kjeldahl Nitrogen.....      19      17       37        35      3.28      2.40      0.00       0.0       38.70     23.1       1.00      1.03     10.95       8.45       25.02        18.1  
Oil & Grease................      19     N/A       39       N/A      1.9     N/A         0.0      N/A         18.0     N/A         0.6     N/A         7.5      N/A          15.9        N/A    
pH..........................      19     N/A       39       N/A    N/A       N/A         4.2      N/A          8.9     N/A         7.0     N/A         8.8      N/A           9.8        N/A    
Total Phosphorus............      19      17       37        35      0.30      0.28      0.00       0.0        2.58      1.25      0.18      0.15      0.92       0.86        1.76         1.56 
Total Suspended Solids......      19      17       37        35     89        42.9       0          0.0     1240       761        16         9.0     319        160.0       893          500.8  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


4. Options for Controlling Pollutants
    There are two options for reducing pollutants in storm water 
discharge; end-of-pipe treatment, and implementing best management 
practices (BMPs) to prevent and/or eliminate the contact between 
significant materials and storm water. A comprehensive storm water 
management program for a given plant may include controls from each of 
these categories and should be based on a consideration of site and 
facility plant characteristics. End-of-pipe treatment is effective for 
the control of process waters when the types of pollutants and the 
volume of water to be treated is known. However, storm water discharges 
from any industry, including the paper and allied product manufacturing 
industry, can be numerous, intermittent, and of various volumes. 
Therefore, the channelization of storm water that comes into contact 
with significant materials into a single treatment facility, or 
construction of numerous treatment devices for each discharge, may be 
burdensome and ineffective for treating pollutants contained in storm 
water from these types of facilities. EPA believes that the most 
appropriate means of storm water management at paper and allied product 
manufacturing facilities can be sufficiently determined by the operator 
of the facility.
    EPA believes that the most effective storm water management control 
for limiting the offsite discharge of pollutants in storm water is a 
combination of passive and active BMPs.
    Examples of BMPs range from simple housekeeping, material handling 
practices, preventive maintenance, diversions practices, to more 
advanced structural control such as detention and retention ponds and 
infiltration devices.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
volume and type of discharge generated, and number of outfalls. Each 
facility will be unique in that the source, type and volume of 
contaminated storm water discharges will differ. In addition, the fate 
and transport of pollutants in these discharges will vary. EPA believes 
that the management practices discussed herein are well suited 
mechanisms to prevent or control the contamination of storm water 
discharges associated with the paper and allied product manufacturing 
industry.
    As part of the group application review process, a review of the 
part 1 data was analyzed. The applications indicated that numerous BMPs 
were already being implemented at many of the representative sites. 
Table B-5 provides the most common practices presently being employed 
and the relative percentage of facilities who are implementing them. 
Table B-6 provides an additional list of BMPs that may be appropriate 
for the industry. Many of the BMPs identified are examples of practices 
intended to limit the exposure of significant materials and industrial 
activities to storm water. Facility operators should review their 
current operations and consider implementing these BMPs if they are 
applicable to the site and are expected to reduce the discharge of 
pollutants from the site in storm water.

     Table B-5.--Best Management Practices Discussed in Part 1 Group    
                              Applicationsi                             
------------------------------------------------------------------------
                                                              Percent of
                            BMP                               facilities
------------------------------------------------------------------------
Catch Basins...............................................         22.2
Diversion structures around potential contaminants.........         43.8
Spill Control Procedures, Contingency Plans (SPCC).........         67.4
Swales, ditches, trench or graded surfaces.................         51.4
Employee training..........................................        62.5 
------------------------------------------------------------------------
i Material Management Practices were identified in over 20 percent of   
  the 144 facilities in the sampling subset.                            


   Table B-6.--Suggested Best Management Practices at Pulp and Allied   
                    Products Manufacturing Facilities                   
------------------------------------------------------------------------
         Activity                          Suggested BMPs               
------------------------------------------------------------------------
Outdoor loading and         Confine loading/unloading activities
 unloading.                 to a designated response and control area.  
                            Avoid loading/unloading materials in
                            the rain.                                   
                            Cover loading/unloading area/or     
                            conduct these activities indoors.           
                            Develop and implement spill plans.  
                            Use berms or dikes around area.     

[[Page 50850]]
                                                                        
                            Inspect containers for leaks or     
                            damage prior to loading.                    
                            Use catch buckets, drop cloths, and 
                            other spill prevention measures where liquid
                            materials are loaded/unloaded.              
                            Provide paved areas to enable easy  
                            collection of spilled materials.            
Raw and/or waste material   Confine storage to a designated     
 storage areas.             area.                                       
                            Store materials inside.             
                            Cover storage areas with a roof or  
                            tarp.                                       
                            Use dikes or berms for storage tanks
                            and drum storage.                           
                            Cover dumpsters used for waste paper
                            and other materials.                        
                            Store materials on concrete pads to 
                            allow for recycling and spills of leaks.    
                            Expedite recycling process for      
                            exposed scrap paper.                        
                            Develop and implement spill plans.  
                            Provide paved areas to enable easy  
                            collection of spilled materials.            
                            Provide good housekeeping (i.e.,    
                            dust and debris collection) where cyclones  
                            are utilized.                               
Log, lumber and other       Divert storm water around storage   
 wood product storage       areas with ditches, swales, and/or berms.   
 areas.                                                                 
                            Practice good housekeeping measures 
                            such as frequent removal of debris.         
                            Line storage areas with crushed rock
                            or gravel or porous pavement to promote     
                            infiltration, minimize discharge and provide
                            sediment and erosion control.               
                            Use ponds for collection,           
                            containment and recycle for log spraying    
                            operations.                                 
------------------------------------------------------------------------



5. Special Conditions
    There are no requirements beyond those described in Part VI.B. of 
this fact sheet.
6. Storm Water Pollution Prevention Plan Requirements
    There are no requirements beyond those described in Part VI.C. of 
this fact sheet.
    a. Description of Potential Pollutant Sources. There are no 
requirements beyond those described in Part VI.C. of this fact sheet.
    b. Measures and Controls. There are no requirements beyond those 
described in Part VI.C. of this fact sheet.
    c. Comprehensive Site Compliance Evaluation. There are no 
requirements beyond those described in Part VI.C. of this fact sheet.
7. Numeric Effluent Limitation.
    There are no effluent limits beyond those described in Part VI.B. 
of this permit.
8. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. Under the revised 
methodology for determining pollutants of concern for the various 
industrial sectors, only one subsector, paperboard mills, is required 
to monitor storm water discharges. As discussed previously, the median 
value for COD of 124.5 mg/L is higher than the benchmark value for COD 
of 120 mg/L for the paperboard subsector, thus triggering monitoring 
for COD. The monitoring requirements are presented in Table B-7 for 
paperboard mills.
    At a minimum, storm water discharges from paperboard mills must be 
monitored quarterly during the second year of permit coverage. 
Monitoring must be performed during each of the following periods: 
January through March; April through June; July through September; and 
October through December. At the end of the second year of permit 
coverage, a facility must calculate the average concentration for each 
parameter listed in Table B-7. If the permittee collects more than four 
samples in this period, then they must calculate an average 
concentration for each pollutant of concern for all samples analyzed.

          Table B-7.--Paperboard Mills Monitoring Requirements          
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
------------------------------------------------------------------------
Chemical Oxygen Demand..................................  120 mg/L.     
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the cut-off concentration, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration, then the permittee is 
required to conduct quarterly monitoring for that parameter during the 
fourth year of permit coverage. Monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit. The 
schedule for monitoring is presented in Table B-8.

                   Table B-8.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table B-7, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table B-
                            7, then no further sampling is required for 
                            that parameter.                             

[[Page 50851]]
                                                                        
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table B-7.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     



    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    (1) Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    (2) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (3) Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall on a pollutant-by-pollutant basis in lieu of 
monitoring described in Table B-8 under penalty of law, signed in 
accordance with Part VII.G. (Signatory Requirements) of the permit, 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, significant materials from past 
industrial activity, and that are located in areas of the facility that 
are within the drainage area of the outfall are not presently exposed 
to storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA in lieu of 
monitoring reports required under paragraph b. The permittee is 
required to complete any and all sampling until the exposure is 
eliminated. If the facility is reporting for a partial year, the 
permittee must specify the date exposure was eliminated. If the 
permittee is certifying that a pollutant was present for part of the 
reporting period, nothing relieves the permittee from the 
responsibility to sample that parameter up until the exposure was 
eliminated and it was determined that no significant materials 
remained. This certification option is not applicable to compliance 
monitoring requirements associated with effluent guidelines. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    b. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one Discharge Monitoring Report Form must be submitted per 
storm event sampled. For facilities conducting monitoring beyond the 
minimum requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis. The permittee must include a 
measurement or estimate of the total precipitation, volume of runoff, 
and peak flow rate of runoff for each storm event sampled.
    c. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of a storm water discharge from each outfall are 
required at all paper and allied products manufacturing facilities. The 
examination must be of a grab sample collected from each storm water 
outfall. The examination of storm water grab samples shall include any 
observations of color, odor, turbidity, floating solids, foam, oil 
sheen, or other obvious indicators of storm water pollution. The 
examination must be conducted in a well lit area. No analytical tests 
are required to be performed on these samples.

[[Page 50852]]

    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. Whenever practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Examinations shall be conducted in each of the following 
periods for the purposes of inspecting storm water quality associated 
with storm water runoff and snow melt: January through March; April 
through June; July through September; October through December. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 60 minutes) of when the 
runoff begins discharging. Reports of the visual examination include: 
the examination date and time, examination personnel, visual quality of 
the storm water discharge, and probable sources of any observed storm 
water contamination. The visual examination reports must be maintained 
onsite with the pollution prevention plan.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent 
from one such outfall and report that the examination data also apply 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.

C. Storm Water Discharges Associated With Industrial Activity From 
Chemical and Allied Products Manufacturing Facilities

1. Discharges Covered Under This Section
    EPA regulations define ``storm water discharges associated with 
industrial activity'' at 40 CFR 122.26(b)(14) in order to specify those 
discharges that are required to be permitted under the NPDES program. 
Category (ii) of this definition includes facilities classified as 
Standard Industrial Classification (SIC) code 28, Chemical and Allied 
Products Manufacturing, with the exception of facilities classified as 
SIC code 285--Paints, Varnishes, Lacquers, Enamels, and Allied Products 
Manufacturing, which are included in category (xi) of the definition. 
EPA did not receive any group applications from facilities with primary 
SIC code 283 (Drugs Manufacturing). Therefore, as EPA had no data on 
such facilities, they are not eligible for coverage under this section 
of today's permit. The following section describes facilities covered 
by Part XI.C. of today's permit and the conditions and requirements of 
facilities covered by Part XI.C.
    For additional information on the subsectors and their industrial 
activities, please see the following documents:
    ``Development Document for Effluent Limitations Guidelines and 
Standards for the Paint Formulating Point Source Category.'' EPA-440/1-
79/049-b. 1979.
    ``Development Document for Interim Final Effluent Limitations 
Guidelines for the Pesticide Chemicals Manufacturing Point Source 
Category.'' EPA-440/1-75/060d. 1976.
    ``Development Document for Effluent Limitations Guidelines and New 
Source Performance Standards for the Major Organic Products Segment of 
the Organic Chemicals Manufacturing Point Source Category.'' EPA-440/1-
74-009a. 1974.
    ``Development Document for Effluent Limitations Guidelines, New 
Source Performance Standards and Pretreatment Standards for Organic 
Chemicals and the Plastics and Synthetic Fibers Point Source 
Category.'' EPA-440/1-87/009. 1987.
    ``Development Document for Effluent Limitations Guidelines and New 
Source Performance Standards for the Basic Fertilizer Chemicals Segment 
of the Fertilizer Manufacturing Point Source Category.'' 1974.
    ``Development Document for Final Effluent Limitations Guidelines, 
New Source Performance Standards and Pretreatment Standards for the 
Pharmaceutical Manufacturing Point Source Category.'' EPA-440/1-83/084. 
1983.
    ``Development Document for Effluent Limitations Guidelines, New 
Source Performance Standards and Pretreatment Standards for the 
Inorganic Chemicals Manufacturing Point Source Category, Phase 2.'' 
EPA-440/1-84/007. 1984.
    Part XI.C. of today's permit has been developed for storm water 
discharges at facilities primarily engaged in the manufacture of 
chemicals and allied products. This sector of industry includes 
facilities which manufacture a broad range of products including 
plastic and synthetic materials, detergents, paints and varnishes, 
drugs, fertilizers and pesticides, adhesives, inks, explosives, 
artist's inks and paints, and organic and inorganic chemicals used for 
industrial purposes. Specifically, Part XI.C. of today's permit applies 
to establishments primarily engaged in manufacturing:
    a. Industrial inorganic chemicals (including SIC 281).
    b. Plastic materials and synthetic resins, synthetic rubbers, and 
cellulosic 

[[Page 50853]]
and other humanmade fibers, except glass (including SIC 282).
    c. Soaps and detergents; specialty cleaning, polishing, and 
sanitation preparations; surface active preparations used as 
emulsifiers, wetting agents, and finishing agents, including sulfonated 
oils; perfumes, cosmetics, and other toilet preparations; glycerin made 
from vegetable and animal fats and oils (including SIC 284).
    d. Paints (in paste and ready-mixed form), varnishes, lacquers, 
enamels, shellac, putties, wood fillers, and sealers, paint and varnish 
removers, paint brush cleaners, and allied paint products (including 
SIC 285).
    e. Industrial organic chemicals (including SIC 286).
    f. Nitrogenous fertilizers; phosphatic fertilizers; fertilizers, 
mixing only; pesticides; and other agricultural chemicals, not 
elsewhere classified (including SIC 287).
    g. Industrial and household adhesives, glues, caulking compounds, 
sealants, and linoleum, tile, and rubber cements from vegetable, 
animal, or synthetic plastics materials (including SIC 2891).
    h. Explosives (including SIC 2892).
    i. Printing ink, including gravure, screen process, and 
lithographic ink, and carbon black (including SIC 2893 and 2895); and, 
due to the nature of manufacturing activities, EPA has included 
industrial facilities represented by SIC 3952 in this category, but 
only those primarily engaged in the manufacturing of ink and paints, 
including china painting enamels, india and drawing ink, platinum 
paints for burnt wood or leather work, paints for china painting, 
artists' paints and artists' water colors.
    j. Miscellaneous that are not in Sections a. through i. of this 
part, such as fatty acids, essential oils, nonvegetable gelatin, sizes, 
bluing, laundry sours, writing and stamp pad ink, industrial compounds, 
such as boiler and heat insulating compounds, metal, oil, and water 
treatment compounds, waterproofing compounds, and chemical supplies for 
foundries (including SIC 2899).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants Found in Storm Water Discharges
    Water quality impacts caused by storm water discharges associated 
with an industrial activity from Chemical and Allied Products 
Manufacturing facilities are expected to vary depending on several 
factors. Such factors include the geographic location and hydrology of 
the site, the type of manufacturing and/or industrial activities, the 
amount and type of operations and material storage occurring outside, 
imperviousness of surfaces at the site, and the impact of a given 
precipitation event. In addition, sources of pollutants from non-storm 
water discharges such as washwaters from industrial areas, illicit 
connections, and spills may increase the pollutant loading to waters of 
the United States. Because there is wide variety of products and 
manufacturing activities in this sector of today's permit, EPA has 
subdivided the chemicals and allied products manufacturing industry 
into ``subsectors.''
    Part 1 of the group application required a summary of industrial 
activities and the significant materials stored exposed to 
precipitation. This provided useful qualitative information to EPA, but 
information that is not possible to quantify reliably due to 
differences in terminology and thoroughness. For the summary of 
industrial activities, some participants reported their industrial 
activity as ``manufacture of product X,'' rather than listing the 
components of that main activity. Other participants listed some or all 
general industrial actions, e.g., ``shredding'' or ``wastewater 
treatment.'' (Products listed represent most of the industrial 
classifications which are subject to this section of today's permit). 
Table C.1. lists the general industrial actions occurring at facilities 
according to part 1 of their group applications.

   Table C-1.--Industrial Activities Occurring at Chemical and Allied   
   Product Manufacturers (as reported in Part 1 of Group Applications)  
                                                                        
                                                                        
 1. Storage of materials in tanks, either below or above ground.        
 2. Wastewater treatment, use of activated sludge process, or land      
 application of wastewaters.                                            
 3. Bagging of materials/products.                                      
 4. Blending and mixing of chemicals.                                   
 5. Packaging of chemicals.                                             
 6. Cooling towers.                                                     
 7. Crushing, Milling, Shredding, Granulation and Grinding of materials.
 8. Storage of cylinders used to contain industrial gases.              
 9. Distribution of products.                                           
10. Storage of empty or full drums.                                     
11. Equipment storage and maintenance, including vehicles.              
12. Application of fertilizers or pesticides.                           
13. Operation of a foundry.                                             
14. Fueling of vehicles.                                                
15. Hazardous waste temporary storage or operation of RCRA treatment,   
 storage, or disposal facility.                                         
16. Hot oil system for cooling/heat exchange.                           
17. Landfills or temporary refuse site.                                 
18. Application of lime.                                                
19. Loading/Unloading.                                                  
20. Use of machinery to process materials.                              
21. Material handling and warehousing.                                  
22. Plant yard and areas of past industrial activity.                   
23. Access roads and rail tracks.                                       
24. Steam boilers.                                                      

[[Page 50854]]
                                                                        
25. Thermal oxidation of lead.                                          
26. Washing of drums.                                                   
27. Waste dumpster or compactor.                                        


    Table C-2 shows the subsectors and their corresponding SIC codes 
and letters (from discharges covered under this section in this fact 
sheet).
    Part 2 of the storm water group application required that 
quantitative data be submitted by a representative sampling subgroup. 
Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the chemical and allied products industry into 
subsectors to properly analyze sampling data and determine monitoring 
requirements. As a result, this sector has been divided into the 
following subsectors: industrial inorganic chemicals; plastics, 
synthetics, and resins; drugs; soaps, detergents, cosmetics, perfumes; 
paints, varnishes, lacquers, enamels, and allied products; industrial 
organic chemicals; agricultural chemicals; and miscellaneous chemical 
products. Tables C-2, C-3, C-4, C-5, C-6, C-7, and C-8 below include 
data for the eight pollutants that all facilities were required to 
monitor for under Form 2F. The tables also list those parameters that 
EPA has determined merit further monitoring. A table has not been 
included for industrial organic chemical manufacturing facilities 
because less than 3 facilities submitted data in that subsector.

                       Table C-2.--Subsector Index                      
------------------------------------------------------------------------
           Subsector                                SIC Code(s)         
------------------------------------------------------------------------
1.............................    .......  281                          
2.............................    .......  282                          
3.............................    .......  284                          
4.............................    .......  285                          
5.............................    .......  286                          
6.............................    .......  287                          
7.............................    .......  289, 2891, 2892, 2893, 2894, 
                                            2899, 3952                  
8.............................    .......  28 i                         
------------------------------------------------------------------------
i Subsector 8 includes those facilities that indicated their SIC code   
  only as 28, without the following 1 or 2 digits.                      


                   Table C-3.--Statistics for Selected Pollutants Reported by Industrial Inorganic Chemicals Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD \5\.....................       10       10       16       16     12.1       8.872     0.0        0.0       67.0      26.0       7.0       7.5      35.0       22.8        60.4        34.3  
COD.........................       10       10       16       16    101.4      63.6      20.0        0.0      350.0     320.0      80.0      36.5     269.2      185.1       453.4       334.2  
Nitrate + Nitrite Nitrogen..       10       10       16       16      2.79      1.92      0.60       0.07       7.30      7.1       2.40      1.25     14.72       8.24       37.34       18.7  
Total Kjeldahl Nitrogen.....       10       10       16       16     18.71      7.09      0.00       0.0      132.00     19.4       4.09      3.15    110.69      30.8       392.88       68.3  
Oil & Grease................        9      N/A       15      N/A      1.9     N/A         0.0      N/A         18.0     N/A         0.1     N/A         9.5      N/A          39.7       N/A    
pH..........................        9      N/A       15      N/A    N/A       N/A         5.4      N/A         10.4     N/A         7.6     N/A        11.2      N/A          13.1       N/A    
Total Phosphorus............       10       10       16       16      0.98      0.83      0.00       0.0        6.59      6.14      0.34      0.40      3.32       3.19        7.55        7.61 
Total Suspended Solids......       10       10       16       16    156        80.4       6          0.82     790       320        99        21.5     769        658.5      2043        3258.4  
Aluminum....................        7        7       13       13      2.41      1.7       0.49       0.06       7.82      7.87      1.06      0.77      7.02       6.83       12.8        16.47 
Iron........................        5        5       11       11      3.0       2         0.5        0.1        8.8       7.6       2.2       1.2      10.6        8.7        21.7        21.7  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


Table C-4.--Statistics for Selected Pollutants Reported by Plastics Materials and Synthetic Resins, Synthetic Rubbers, Cellulosic and Other Manmade Fibers Except Glass Manufacturing Facilities
                                                                            Submitting Part II Sampling Datai (mg/L)                                                                            
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5.......................       16       14       41       36     11.5      11.4       0.0        1.0       66.0      66.0       6.0       6.6      34.1       34.2        62.8        64.8  
COD.........................       17       15       42       38     58.1      52.6       0.0        0.0      162.0     169.0      38.5      35.5     191.7      142.6       360.6       237.7  
Nitrate + Nitrite Nitrogen..       17       15       43       39      4.31      5.35      0.00       0.0      140.30    158.0       0.76      0.95      7.67       8.88       20.81       23.1  
Total Kjeldahl Nitrogen.....       17       15       42       38      3.51      3.96      0.20       0.0       47.20     56.8       1.50      1.40      9.67      10.6        20.29       22.9  
Oil & Grease................       16      N/A       42      N/A      2.0     N/A         0.0      N/A         15.0     N/A         0.0     N/A        10.2      N/A          22.4       N/A    
pH..........................       15      N/A       42      N/A    N/A       N/A         3.6      N/A          7.7     N/A         6.8     N/A         8.4      N/A           9.4       N/A    
Total Phosphorus............       17       15       43       39      0.40      0.41      0.00       0.0        4.20      4.40      0.11      0.07      1.45       1.56        3.60        4.27 
Total Suspended Solids......       17       15       42       38    157        94.6       0.0        0.0     2708       816        40        26.5     570        345.4      1665         845.5  
Zinc........................       14       12       36       31      0.391     0.425     0          0          2.1       2.07      0.19      0.23      1.427      1.712       3.183       4.031 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 50855]]
    Table C-5.--Statistics for Selected Pollutants Reported by Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations Facilities Submitting Part II   
                                                                                      Sampling Datai (mg/L)                                                                                     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5.......................       12       13       19       20     53.2      23.2       0.0        0.0      340.0     108.0      16.0       6.5     286.2       99.8       892.7       253.6  
COD.........................       12       12       19       19    245.3     132.5      28.0        0.0     1200.0     530.0     120.0      80.0     834.2      486.8      1803.7      1015.5  
Nitrate + Nitrite Nitrogen..       12       12       19       19      1.40      0.97      0.00       0.0        5.00      4.2       1.16      0.76      5.60       3.17       12.16        5.97 
Total Kjeldahl Nitrogen.....       12       12       19       19      3.48      2.3       0.80       0.0       11.40      9.0       2.60      1.4       8.90       6.93       14.73       12.2  
Oil & Grease................       12      N/A       19      N/A      4.6     N/A         0.0      N/A         40.0     N/A         0.0     N/A        21.1      N/A          42.8       N/A    
pH..........................       12      N/A       19      N/A    N/A       N/A         3.5      N/A          8.0     N/A         7.1     N/A         9.1      N/A          10.5       N/A    
Total Phosphorus............       12       12       19       19      1.60      0.57      0.02       0.0        9.00      1.9       0.40      0.40      8.93       2.34       28.97        5.20 
Total Suspended Solids......       13       13       20       20    313       154         6          0.0     1522       880        74        39      1519        633.2      4714        1744    
Zinc........................        6        6        7        7      1.584     0.941     0.13       0.15       4.8       2.7       0.41      0.26      7.438      3.761      20.20       99.146 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



            Table C-6.--Statistics for Selected Pollutants Reported by Paints, Varnishes, Lacquers, Enamels, and Allied Products Facilities Submitting Part II Sampling Data i (mg/L)           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile         99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab        Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5......................        3        3        3        3      4.7      20.7       0.0       12.0       11.0      36.0       3.0      14.0       21.6       48.5         42.2       72.7  
COD........................        3        3        3        3     50.3      42.3       0.0        0.0       84.0      72.0      67.0      55.0       94.4       82.8        106.1       95.1  
Nitrate + Nitrite Nitrogen.        3        3        3        3      0.43      0.53      0.00       0.0        1.20      1.3       0.09      0.28       4.59       2.88        17.50       6.36 
Total Kjeldahl Nitrogen....        3        3        3        3      1.27      1.56      0.30       0.60       1.90      2.78      1.62      1.30       5.24       4.57        10.52       7.70 
Oil & Grease...............        3      N/A        3      N/A      4.7     N/A         0.0      N/A          9.6     N/A         4.6     N/A         14.1      N/A           20.6      N/A    
pH.........................        3      N/A        3      N/A    N/A       N/A         6.7      N/A          7.7     N/A         7.1     N/A          8.0      N/A            8.4      N/A    
Total Phosphorus...........        3        3        3        3      0.24      0.23      0.22       0.13       0.26      0.30      0.24      0.25       0.28       0.44         0.29       0.59 
Total Suspended Solids.....        3        3        3        3    433        47.0       4          2.0      824       130       470         9.0    14276        429.9     104964       1815.8  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                      Table C-7.--Statistics for Selected Pollutants Reported by Agricultural Chemicals Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Pollutant           # of Facilities    # of Samples            Mean               Minimum               Maximum               Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
       Sample type           Grab    Compii    Grab     Comp      Grab      Comp      Grab       Comp       Grab        Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5....................       17       17       27       27      4.2       6.00      0.0        0.0        13.0       43.5        4.0       4.0      10.6       19.5        15.2        35.9  
COD......................       17       17       27       27     70.3      45.3       0.0        0.0       400.0      138         55.0      36.0     239.5      166.3       472.2       325.4  
Nitrate + Nitrite                                                                                                                                                                               
 Nitrogen................       12       12       22       22     43.88     19.47      0.00       0.00      315.00      85.0        3.78      3.86    220.52     119.0       898.55      409.7  
Total Kjeldahl Nitrogen..       17       17       27       27     75.70     92.1       0.00       0.8      1020.00    1460.0       10.00     12.90    214.61     250.0       710.55      777.61 
Oil & Grease.............       17      N/A       28      N/A      8.6     N/A         0.0      N/A          95.0      N/A          0.0     N/A        36.6      N/A         121.2       N/A    
pH.......................       15      N/A        2     5N/A    N/A       N/A         5.3      N/A           7.8      N/A          7.1     N/A         8.0      N/A           8.5       N/A    
Total Phosphorus.........       17       17       27       27     15.80     54.96      0.13       0.19      110.00     982.0        5.00     11.0      80.24     180.16      252.70      693.3  
Total Suspended Solids...       17       15       27       25    434       113         0          0        5182        593.0      103        58      1734        510.8      5506        1251.8  
Iron.....................        4        4        9        9      5.3       3.6       0.6        0.6        22         11          1.8       1.5      19         13.2        42.6        28.3  
Lead.....................        4        4        6        6      0.094     0.042     0          0           0.167      0.104      0.1       0.03      0.348      0.119       0.652       0.193
Zinc.....................        5        5       10       10      1.527     0.862     0.075      0.063       7.7        4.2        0.58      0.40      6.997      3.116      19.075       6.915 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                  Table C-8.--Statistics for Selected Pollutants Reported by Miscellaneous Chemical Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant            # of Facilities          # of Samples           Grab          Minimum             Maximum              Median           95th Percentile        99th Percentile   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Sample type            Grab    Compii    Grab     Comp      Mean      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5.......................       18       14       26       21    143.2      11.3       0.0        0.0     3420.0      98.0       9.0       6.0     128.6       29.3       353.6        51.4  
COD.........................       19       15       28       23     70.4      63.3       0.0       19.0      394.0     382.0      42.5      41.0     180.6      150.1       300.5       247.1  
Nitrate + Nitrite Nitrogen..       19       14       28       22      0.97      1.00      0.00       0.0        4.88      3.12      0.57      0.60      3.37       3.22        6.79        6.18 
Total Kjeldahl Nitrogen.....       19       15       31       23      1.61      1.34      0.00       0.0        5.50      4.1       1.40      1.10      5.83       4.25       11.27        7.45 
Oil & Grease................       20      N/A       29      N/A      4.4     N/A         0.0      N/A         23.0     N/A         2.0     N/A        16.8      N/A          32.9       N/A    
pH..........................       20      N/A       29      N/A    N/A       N/A         4.6      N/A          9.3     N/A         7.3     N/A         9.2      N/A          10.1       N/A    
Total Phosphorus............       20       15       29       23      0.18      0.11      0.00       0.0        1.63      0.39      0.07      0.10      0.65       0.32        1.29        0.46 

[[Page 50856]]
                                                                                                                                                                                                
Total Suspended Solids......       19       15       28       23     50        47.8       0          0.0      415       350        13         8.0     246        220.5       728         687.3  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


3. Options for Controlling Pollutants
    As required in part 1 of the storm water group permit application, 
participants were required to provide information regarding existing 
storm water management practices and controls. Table C-9 below 
identifies the material management practices for the identified 
sampling facilities.

    Table C-9.--Current Storm Water Management Practices Used by the    
Chemical and Allied Products Manufacturing Industry (as reported in Part
                      1 of the group applications)i                     
------------------------------------------------------------------------
  Subsector                   Current management practices              
------------------------------------------------------------------------
1............  Unloading Boot, Catch Basin, Containment, Covering,      
                Curbing, Dike Diversion, Housekeeping, Inspection of    
                Equipment, Infiltration, Oil/Water Separator, Roof,     
                SPCC, Sump, Storm Water Collector for Water Reuse,      
                Training, Indoor Storage.                               
2............  Catch Basin, Covering, Dike, Indoor Storage, Pond, SPCC, 
                Swale, Vegetation Strip.                                
3............  Caps on Tank Vents, Concrete Pad, Containment, Covering, 
                Curbing, Dike, Diversion, Drain, Hazardous Waste        
                Management, Hazardous Waste Pad, Holding Tank, Indoor   
                Storage, Infiltration, Pond, Roof, Sealed Drums, SPCC,  
                Storm Water Collector, Tarp, Vaulted.                   
4............  Containment, Covering, Dike, Holding Tank, Infiltration, 
                Pond, Roof Drain, Site Inspection, SPCC, Swale,         
                Training, Waste Minimization.                           
5............  Curbing, Dike, Pond, SPCC.                               
6............  Catch Basin, Covering, Dike, Housekeeping, Indoor        
                Storage, Infiltration, Oil/Water Separator, Pond, Roof, 
                Site Inspection, SPCC, Sump, Swale, Sweep, Valves.      
7............  Absorbent Materials, BMP Plan, Catch Basin, Concrete Pad,
                Containment, Covering, Curbing, Dike, Drain, Drip Pan,  
                Housekeeping, Indoor Storage, Infiltration, Oil/Water   
                Separator, Pond, Roof, Inspection, Sloped Containment,  
                SPCC, Sump, Swale, Training, Valves.                    
8............  Catch basin, Containment, Covering, Dike, Indoor Storage,
                Pond, Roof, Site Inspection, SPCC, Swale, Training.     
------------------------------------------------------------------------
i The information presented in this table was received from part 1 group
  applications for Sector 3.                                            

    In order to develop achievable storm water management practices and 
controls, EPA has evaluated all existing management practices as well 
as practices developed and implemented under the September 9, 1992, 
storm water general permit. For a detailed explanation regarding 
specific storm water controls and management practices, the reader may 
refer to the pollution prevention plan requirements section below.
4. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
discharges prohibited under Part III.A.2 of today's permit, EPA has 
specified that the following types of discharges are not authorized by 
this section:
    (1) Inks, paints or substances (hazardous, nonhazardous, etc.) 
resulting from an onsite spill including materials collected in drip 
pans.
    (2) Washwaters from material handling and processing areas. This 
includes areas where containers, equipment, industrial machinery, and 
any significant materials are exposed to storm water.
    (3) Washwaters from drum, tank or container rinsing and cleaning.
    EPA has included these prohibitions in order to emphasize that 
spilled materials should be cleaned up and properly disposed, and that 
washwaters constitute process wastewater and not storm water. These 
types of discharges contribute excessive amounts of pollutants to water 
bodies and must be permitted by an NPDES permit for process wastewater, 
as they are not authorized by this section.

 5. Storm Water Pollution Prevention Plan Requirements

    a. Contents of the Plan. Today's permit requires that all 
facilities covered under this section prepare a Drainage and Site Plan. 
Based on the information contained in the part 1 application, EPA has 
identified and specified areas where materials are commonly handled. 
EPA is requiring that the site plan detail the drainage patterns of the 
runoff and identify the outfall and receiving water body. [Language on 
site map not included.]
    (1) Description of Potential Pollutant Sources. The Inventory of 
Exposed Materials as well as Risk Identification and Summary of 
Potential Pollutants Sources requirements were further defined to avoid 
confusion. In addition, EPA is requiring that the information submitted 
in the group application regarding pollutant sources and current 
management practices be evaluated and considered when developing the 
plan.
    Measures and Controls. EPA has divided this section of the permit 
into two parts. The first part addresses nonstructural pollution 
prevention controls, while the second part addresses structural 
controls.
    The following requirements were established by EPA under the 
nonstructural conditions to identify specific practices that must be 
implemented by all permittees:
    (a) Good Housekeeping--In addition to the information provided in 
the group application process, EPA conducted a series of inspections to 
identify areas of concern, materials exposed to storm water and current 
management practices used by the chemicals and allied products 
manufacturing industry. EPA also reviewed a series of existing 
pollution prevention plans that were developed under the requirements 
of the baseline general permit. Based on this information, EPA is 
requiring that at a minimum, permittees shall consider establishing the 
following good housekeeping practices: 

[[Page 50857]]

    (i) Schedule regular pickup and disposal of garbage and waste 
materials or other measures to dispose of waste. This schedule may be 
included in the plan. Individuals responsible for waste management and 
disposal should be informed of the procedures established under the 
plan,
    (ii) Routinely inspect for leaks and conditions of drums, tanks and 
containers. Ensure that spill cleanup procedures are understood by 
employees,
    (iii) Keep an up-to-date inventory of all materials present at the 
facility. While preparing the inventory, all containers should be 
clearly labeled. Hazardous containers that require special handling, 
storage, use and disposal considerations should be clearly marked and 
readily recognizable,
    (iv) Maintain clean ground surfaces by using brooms, shovels, 
vacuum cleaners or cleaning machines.
    (b) Employee Training--Training should also address procedures for 
equipment and containers cleaning and washing. The training should 
emphasize the human hazards and the potential environmental impacts 
from the discharges of washwaters. In addition, today's permit requires 
that the pollution prevention plan for chemical and allied products 
manufacturing facilities identify periodic dates for such training of 
at least once per year. 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.
    (c) Inspections--Qualified personnel shall conduct quarterly 
inspections. A wet weather inspection (during a rainfall event) shall 
be conducted in the second (April to June) and third quarters (July to 
September) of each year. A dry weather inspection (no precipitation) 
shall be conducted in the first (January to April) and fourth quarters 
(October to December).
    However, where a seasonal arid period is sustained for more than 3 
months, a dry weather inspection will satisfy the wet weather 
inspection requirement. This requirement will assure that permittees 
conduct at least one inspection every quarter.
    EPA believes that this requirement will satisfy the requirements of 
this section by measuring the effectiveness of the pollution prevention 
plan during dry and wet weather conditions. These inspections will 
increase awareness and responsibility for storm water pollution. 
Moreover, conducting these dry and wet weather inspections on a 
quarterly basis will provide permittees with a tool for evaluating best 
management practices, structural and nonstructural measures, good 
housekeeping and spill cleaning procedures, among other pollution 
prevention activities.
    (d) Facility Security--Facilities should consider evaluating 
existing security systems such as fencing, lighting, vehicular traffic 
control, and securing of equipment and buildings and should include 
existing and new system into the plan to prevent accidental or 
intentional entry which could cause a discharge of pollutants to waters 
of the United States.
    (e) Structural Storm Water Management Controls--Under the 
structural conditions, EPA has identified specific practices that 
should be considered by all permittees. These structural practices are 
divided into four activities/areas: material handling and storage; 
management of runoff; sediment and erosion control; and sampling.
    (f) Practices for Material Handling and Storage Areas--Under 
material handling and storage, EPA is recommending a series of 
management practices to minimize materials exposed to precipitation. 
These areas were selected after evaluation of part 1 data and current 
practices used by the group participants. For areas where liquid or 
powdered materials are stored, facilities shall consider providing 
either diking, curbing, or berms. For all other outside storage areas 
including storage of used containers, machinery, scrap and construction 
materials, and pallets, facilities shall consider preventing or 
minimizing storm water runon to the storage area by using curbing, 
culverting, gutters, sewers or other forms of drainage control. For all 
storage areas, roofs, covers or other forms of appropriate protection 
shall be considered to prevent exposure to weather. In areas where 
liquid or powdered materials are transferred in bulk from truck or rail 
cars, permittees shall consider appropriate measures to minimize 
contact of material with precipitation. Permittees shall consider 
providing for hose connection points at storage containers to be inside 
containment areas and drip pans to be used in areas which are not in a 
containment area, where spillage may occur (e.g., hose reels, 
connection points with rail cars or trucks) or equivalent measures. In 
areas of transfer of contained or packaged materials and loading/
unloading areas, permittees shall consider providing appropriate 
protection such as overhangs or door skirts to enclose trailer ends at 
truck loading/unloading docks or an equivalent.
    In order to prevent facilities from discharging contaminated storm 
water from areas where precipitation is contained, contained areas 
should be restrained by valves or other positive means to prevent the 
discharge of a spill or leak. Containment units may be emptied by pumps 
or ejectors; however, these should be manually activated. Flapper-type 
drain valves should not be used to drain containment areas. Valves used 
for the drainage of containment areas should, as far as is practical, 
be of manual, open-or-closed design. If facility drainage is not 
engineered as above, the final discharge point of all in-facility 
sewers should be equipped to prevent the discharge in the event of an 
uncontrolled spill of materials.
    (g) Management of Runoff--Under management of runoff conditions, 
EPA is requiring that the plan contain a description of storm water 
management practices used and/or to be used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site.
    (h) Sediment and Erosion Control--For areas with a potential for 
significant soil erosion, the permittee should describe permanent 
stabilization practices to be used in order to stabilize disturbed 
areas. The measures will minimize the amount of sediment materials in 
the discharge.
    (i) Non-storm Water Discharges--There are no additional 
requirements beyond those described in Part VI.C of this fact sheet.
    (j) Comprehensive Site Compliance Evaluation--In accordance with 40 
CFR 122.24(i)(4)(i), EPA has established that comprehensive site 
compliance evaluations be conducted at least once every year. Members 
of the pollution prevention team or a qualified professional designated 
by the team must conduct the evaluation. Requirements for the 
evaluation are listed under Part VI.C.4 of this fact sheet.
6. Numeric Effluent Limitations
    a. Phosphate Fertilizer Manufacturing Runoff. Part XI.C.5.a. of 
today's permit establishes numeric effluent limitations for storm water 
discharges from facilities identified by SIC 287, the Phosphate 
Subcategory of the Fertilizer Manufacturing Point Source Category, 
which are subject to effluent limitations guidelines at 40 CFR Part 
418. The term contaminated storm water runoff shall mean precipitation 
runoff, which during manufacturing or processing, comes into incidental 
contact with any raw 

[[Page 50858]]
materials, intermediate product, finished product, by-products or waste 
product. The concentration of pollutants in storm water discharges 
shall not exceed the following effluent limitations included in Table 
C-10 below:

                               Table C-10                               
------------------------------------------------------------------------
                                                   Effluent limitations 
                                                          (mg/L)        
                                                 -----------------------
                                                              Average of
                                                                daily   
            Effluent characteristics               Maximum    values for
                                                  for any 1       30    
                                                     day     consecutive
                                                              days shall
                                                              not exceed
------------------------------------------------------------------------
Total Phosphorus (as P).........................      105.0        35.0 
Fluoride........................................       75.0        25.0 
------------------------------------------------------------------------

    Facilities with discharges as described above must be in compliance 
with these effluent limitations upon commencement of coverage and for 
the entire term of this permit. Discharges that are associated with 
industrial activities that do not contain runoff from the areas or 
activities specified above are not subject to the effluent limitation 
in Table C-10 above.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that chemical 
manufacturing facilities may reduce the level of pollutants in storm 
water runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. Under the revised methodology 
for determining pollutants of concern for the various industrial 
sectors, four subsectors in the chemical and allied products 
manufacturing sector must monitor their storm water discharges. The 
monitoring requirements are presented in Tables C-11, C-12, C-13, and 
C-14 for agricultural chemical manufacturing facilities; industrial 
inorganic chemical facilities; soaps, detergents, cosmetics, and 
perfume manufacturing facilities; and plastics, synthetics, and resin 
manufacturing facilities. The pollutants listed in Tables C-11, C-12, 
C-13, and C-14 were found to be above benchmark levels. Because these 
pollutants have been reported at benchmark levels from agricultural 
chemical facilities; industrial inorganic chemical facilities; soaps, 
detergents, synthetics, and resin manufacturing facilities, EPA is 
requiring monitoring after the pollution prevention plan has been 
implemented to assess the effectiveness of the pollution prevention 
plan and to help ensure that a reduction of pollutants is realized.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen is above the bench mark concentrations for the plastics, 
synthetics, and resins subsector. After a review of the nature of 
industrial activities and the significant materials exposed to storm 
water described by facilities in this subsector, EPA has determined 
that the higher concentrations of nitrate plus nitrite nitrogen are not 
likely to be caused by the industrial activity, but may be primarily 
due to non-industrial activities on-site. Today's permit does not 
require plastics, synthetics, and resins facilities to conduct 
analytical monitoring for this parameter.
    At a minimum, storm water discharges from agricultural chemical 
facilities; industrial inorganic chemical facilities; soaps, 
detergents, cosmetics, and perfume manufacturing facilities; and 
plastics, synthetics, and resin manufacturing facilities must be 
monitored quarterly during the second year of permit coverage. Samples 
must be collected at least once in each of the following periods: 
January through March; April through June; July through September; and 
October through December. At the end of the second year of permit 
coverage, a facility must calculate the average concentration for each 
parameter listed in Tables C-11, C-12, C-13, and C-14. If the permittee 
collects more than four samples in this period, then they must 
calculate an average concentration for each pollutant of concern for 
all samples analyzed.

       Table C-11.--Agricultural Chemicals Monitoring Requirements      
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
Total Recoverable Lead............................  0.0816 mg/L         
Total Recoverable Iron............................  1.0 mg/L            
Total Recoverable Zinc............................  0.065 mg/L          
Phosphorus........................................  2.0 mg/L            
------------------------------------------------------------------------


   Table C-12.--Industrial Inorganic Chemicals Monitoring Requirements  
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Aluminum........................  0.75 mg/L           
Total Recoverable Iron............................  1.0 mg/L            
Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
------------------------------------------------------------------------


   Table C-13.--Soaps, Detergents, Cosmetics, and Perfumes Monitoring   
                              Requirements                              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
Total Recoverable Zinc............................  0.065 mg/L          
------------------------------------------------------------------------


                                                                        

[[Page 50859]]
  Table C-14.--Plastics, Synthetics, and Resin Manufacturing Monitoring 
                              Requirements                              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Zinc............................  0.065 mg/L          
------------------------------------------------------------------------



    If the average concentration for a parameter is less than or equal 
to the cut-off concentration, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration, then the permittee is 
required to conduct quarterly monitoring for that parameter during the 
fourth year of permit coverage. Monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit. The 
schedule for monitoring is presented in Table C-15.

                   Table C-15.--Schedule of Monitoring                  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Tables C-11, C-12, 
                            C-13, and C-14, then quarterly sampling is  
                            required during the fourth year of the      
                            permit.                                     
                            If average concentration is less    
                            than or equal to the value listed in Tables 
                            C-11, C-12, C-13, and C-14, then no further 
                            sampling is required for that parameter.    
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Tables C-11, C-12, C-13, and
                            C-14.                                       
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     
------------------------------------------------------------------------

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    (b). Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis in lieu of 
monitoring described in Tables C-11, C-12, C-13, and C-14, that 
material handling equipment or activities, raw materials, intermediate 
products, final products, waste materials, by-products, industrial 
machinery or operations, significant materials from past industrial 
activity, and that are located in areas of the facility that are within 
the drainage area of the outfall are not presently exposed to storm 
water and will not be exposed to storm water for the certification 
period. Such certification must be retained in the storm water 
pollution prevention plan and submitted to EPA in lieu of monitoring 
reports required under paragraph c. below. The permittee is required to 
complete any and all sampling until the exposure is eliminated. If the 
facility is reporting for a partial year, the permittee must specify 
the date exposure was eliminated. If the permittee is certifying that a 
pollutant was present for part of the reporting period, nothing 
relieves the permittee from the responsibility to sample that parameter 
up until the exposure was eliminated and it was determined that no 
significant materials remained. This certification option is not 
applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum requirements, an additional signed 
Discharge Monitoring Report Form must be filed for each analysis. The 
permittee must include a measurement or estimate of the total 
precipitation, volume of runoff, and peak flow rate of runoff for each 
storm event sampled.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 

[[Page 50860]]
minutes of the discharge. If the collection of a grab sample during the 
first 30 minutes is impracticable, a grab sample can be taken during 
the first hour of the discharge, and the discharger shall submit with 
the monitoring report a description of why a grab sample during the 
first 30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable, 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Compliance Monitoring Requirements. Today's permit requires 
permittees with phosphate fertilizer manufacturing facilities with 
contaminated storm water discharges to monitor for the presence of 
phosphorus and fluoride. These monitoring requirements are necessary to 
evaluate compliance with the numeric effluent limitation for these 
discharges. Monitoring shall be performed upon a minimum of one grab 
sample. All samples shall be collected from the discharge resulting 
from a storm event that is greater than 0.1 inches in magnitude and 
that occurs at least 72 hours from the previously measurable (greater 
than 0.1 inch rainfall) storm event. The grab sample shall be taken 
during the first 30 minutes of the discharge. If the collection of a 
grab sample during the first 30 minutes is impracticable, a grab sample 
can be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable. Monitoring 
results shall be submitted on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the month following collection 
of the sample. Facilities which discharge through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must also submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system. 
Alternative Certification provisions described in Section XI.C.5 of the 
permit do not apply to facilities subject to compliance monitoring 
requirements in this section. Compliance monitoring is required at 
least annually for discharges subject to effluent limitations. 
Therefore, EPA cannot permit a facility to waive compliance monitoring.
    Phosphate fertilizer manufacturing facilities are not required to 
collect and analyze separate samples for the presence of total 
phosphorus to satisfy the Compliance Monitoring requirements of Section 
XI.C.6.c. during a year in which the facilities have collected and 
analyzed samples for total phosphorus in accordance with the Analytical 
Monitoring Requirements of Section XI.C.6.a. The results of all 
Analytical Monitoring analyses may be reported as Compliance Monitoring 
results in accordance with Section XI.C.5.d.(3) where the monitoring 
methodologies are consistent.
    g. Quarterly Visual Examination of Storm Water Quality. Chemical 
and allied products manufacturing facilities shall perform and document 
a visual examination of a storm water discharge associated with 
industrial activity from each outfall, except discharges exempted 
below. The examination(s) must be made at least once in each of the 
following 3-month periods: January through March, April through June, 
July through September, and October through December. The examination 
shall be made during daylight hours unless there is insufficient 
rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfall and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.). EPA realizes that if a facility is inactive and 

[[Page 50861]]
unstaffed it may be difficult to collect storm water discharge samples 
when a qualifying event occurs. Today's final permit has been revised 
so that inactive, unstaffed facilities can exercise a waiver of the 
requirement to conduct quarterly visual examination.

D. Storm Water Discharges Associated With Industrial Activity From 
Asphalt Paving and Roofing Materials Manufacturers and Lubricant 
Manufacturers

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with an industrial 
activity.'' This definition includes point source discharges of storm 
water from eleven major categories of facilities, including facilities 
commonly identified by Standard Industrial Classification (SIC) 29. 
Today's permit only covers storm water discharges associated with 
industrial activities at facilities which manufacture asphalt paving 
mixtures and blocks (SIC code 2951), asphalt felts and coatings (SIC 
code 2952), and lubricating oils and greases (SIC code 2992). 
Hereinafter, facilities with primary SIC codes 2951 or 2952 will be 
referred to as ``Asphalt Facilities,'' and facilities with primary SIC 
code 2992 as ``Lubricant Manufacturers.''
    Section XI.D of today's permit does not apply to renderers of fats 
and oils, petroleum refining facilities or to oil recycling facilities. 
Petroleum refining facilities are not eligible for coverage under 
today's permit, because these types of facilities did not participate 
in the group application process. Renderers of fats and oils are 
covered under Section XI.U of today's permit. Oil recycling facilities 
are covered under Section XI.N of today's permit. These facilities are 
more appropriately grouped with the liquid waste recyclers covered 
under Section XI.N.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    This section is applicable to storm water discharges from portable 
plants. Although portable plants were not included in the group 
application process the significant materials and industrial activities 
conducted at these facilities are sufficiently similar to permanent 
facilities to allow coverage. This section is applicable to storm water 
discharges from portable plants, with the condition that a new Notice 
of Intent (NOI) be submitted for each location and the pollution 
prevention plan be revised accordingly with each change in location.
    a. Industry Profile. Presented below are brief descriptions of the 
industrial activities associated with asphalt facilities and lubricant 
manufacturers. Table D-1 shows some common significant materials 
exposed at these types of facilities.

                         Table D-1.--Activities, Pollutant Sources, and Pollutants i, ii                        
----------------------------------------------------------------------------------------------------------------
           Activity                              Pollutant source                            Pollutant          
----------------------------------------------------------------------------------------------------------------
                                     Asphalt Paving Manufacturing Facilities                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Material Storage and Handling.  Additives, asphalt, asphalt cement, asphalt        TSS, Oil and Grease, pH, COD.
                                 concrete, asphalt products, asphalt release                                    
                                 agents, crushed stone, fuel, granite, granules,                                
                                 gravel, limestone, lubricants, mineral spirits,                                
                                 oil, quartzite rock, reclaimed asphalt pavement                                
                                 (RAP), sand, sandstone, slag.                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                     Asphalt Roofing Material Manufacturers                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Material Storage and Handling.  Mineral spirits, asphalt, asphalt cutbacks,        TSS, Oil and Grease, pH and  
                                 asphalt shingles, limestone, sand, slag, asphalt   COD.                        
                                 rolls, asphalt felt, talc oil and fuel.                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                             Lubricant Manufacturers                                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Material Storage and Handling.  Oils, waste solvents, petroleum distillates,       Oil and Grease, pH, TSS.     
                                 lubricants, chemical additives.                                                
----------------------------------------------------------------------------------------------------------------
i Storm water group applications, parts 1 and 2.                                                                
ii EPA. Development Document on Paving and Roofing Materials (EPA 440/1-74/049).                                

    (1) Manufacturers of Asphalt Paving Mixtures and Blocks (SIC 2951). 
Manufacturers classified in SIC 2951 store purchased asphalt in above 
ground tanks. They stockpile a variety of raw materials such as sand, 
gravel, crushed limestone, and recycled asphalt products (RAP). These 
facilities produce asphalt concrete, and may also mold and cure asphalt 
concrete products such as asphalt blocks. There are two types of 
facilities associated with these activities, batch plants and drum 
plants.
    Batch plants receive aggregate (sand, stone, limestone, gravel, 
etc.) in bulk by rail or truck. The aggregate is usually stockpiled 
outside. It is then transported by a conveyor or front-end loader to a 
rotary drier. When dried and heated the aggregate is transported to a 
screening unit which separates the aggregate into various sizes and 
deposits the graded aggregate into hot storage bins. Aggregate and 
mineral filler are then weighed and transported to a mixing unit or pug 
mill where they are mixed with heated asphalt cement to produce asphalt 
concrete. The resulting asphalt concrete is either stored in a heated 
silo or loaded directly onto trucks for transport to the job site.
    At drum (cold feed) plants a measured amount of aggregate is placed 
in the drum where it is dried and heated. Heated asphalt cement is 
added to the 

[[Page 50862]]
same drum and mixed with the aggregate to produce asphalt concrete. The 
hot asphalt concrete produced by this process then goes to a surge bin 
or silo for storage until it is loaded onto trucks for delivery.
    Hot-mix asphalt plants are often portable. There are three types of 
portable plants: portable, permanent, and semipermanent. Portable 
plants move from site to site, and the significant materials and 
equipment are removed upon completion of the job or project. Portable 
plants remain at a site anywhere from several days to several months. 
Permanent portable plants remain at a site on a permanent basis.
    Like portable plants, semipermanent plants move from site to site. 
They differ, however, in that they return to locations on a recurring 
basis. Significant materials such as aggregate piles remain at the site 
while the plant is operating elsewhere. For the purposes of this 
section, semipermanent plants will be referred to as permanent plants, 
given that the effect on runoff from significant materials will 
essentially be the same at both sites. `Asphalt facilities' includes 
both permanent and portable plants unless specified otherwise.
    Facilities which manufacture asphalt concrete block feed the 
asphalt/aggregate mixture into a block molding machine where the mix is 
rammed, pressed or vibrated into its final form. The product is then 
stacked and allowed to cure.
    (2) Manufacturers of Roofing Materials (SIC 2952). Manufacturers 
classified in standard industrial code 2952 typically produce bitumen-
based roofing products such as asphalt shingles, built-up roofing 
(BUR), modified bitumen sheet material, asphalt saturated felts and 
bitumen-based root coatings, mastics and cements.
    The typical manufacturing of bitumen based roofing products, such 
as shingles, BUR, modified bitumen sheet materials and asphalt 
saturated felt is a continuous stationary process performed on a 
roofing machine that begins with a roll of base material such as 
fiberglass mat, polyester or organic felt, coated or saturated with an 
asphalt or blend, surfaced with mineral granules, and concludes with a 
finished product. The sequence of indoor operations builds the product 
up in stages, adding different raw materials along the way and 
monitoring their application.
    Bitumen-based coatings, mastics and cements are produced inside in 
a stationary process mixing raw materials received in bulk and 
containers and blended into finished batches of product. ``Batch 
processing'' is the common production method relying on the same piece 
of equipment in manufacturing a variety of products. The products are 
packaged in containers or stored for bulk shipment.
    (3) Manufacturers of Lubricating Oils and Greases (SIC 2992). 
Facilities primarily engaged in blending, compounding, and re-refining 
lubricating oils and greases from purchased mineral, animal, and 
vegetable materials are identified as SIC code 2992. SIC code 2992 
includes manufacturers of metalworking fluids, cutting oils, gear oils, 
hydraulic brake fluid, transmission fluid, and other automotive and 
industrial oil and greases.
    Raw materials for SIC code 2992 facilities are typically petroleum 
or synthetic-based stocks and various additives. The majority of 
lubricating manufacturers store base stocks and chemical additives in 
tank farms or 55-gallon drums. SIC code 2992 facilities do not 
manufacture these raw materials, but rather blend and compound them to 
produce the product. Raw materials are proportioned according to the 
type of lubricant being produced.
    ``Batch processing'' is the common production method relying on the 
same piece of equipment in manufacturing a variety of products. For 
example, in one ``batch'' a facility may combine the petroleum base 
stock with additive X in a 10,000 gallon blending tank to produce 
product ``A.'' Using the same blending tank, the next ``batch'' is a 
mixture of the base stock and additive Y to produce product ``B.'' 
Batch processing allows facilities to manufacture a variety of 
products. Some facilities, however, tend to specialize in producing a 
particular type of lubricant (e.g., solid, synthetic, or water-based), 
often to meet the demands of a specific industry.
    Finished products are packaged in containers or stored for bulk 
shipment. Almost all facilities have shipping and receiving areas and 
are involved with marketing and interstate distribution of their 
products. Most facilities have immediate access roads or rail lines at 
their facility sites.
2. Pollutants in Storm Water Discharges Associated With Asphalt 
Facilities and Lubricant Manufacturers.
    Impacts caused by storm water discharges from asphalt facilities 
and lubricant manufacturers will vary. Several factors influence to 
what extent significant materials from these types of facilities and 
processing operations may affect water quality. Such factors include: 
geographic location; hydrogeology; the type of industrial activity 
occurring outside (e.g., material storage, loading and unloading); the 
type of material stored outside (e.g., asphalt, aggregate, limestone, 
oil, etc.); the size of the operation; and type, duration, and 
intensity of precipitation events. These and other factors will 
interact to influence the quantity and quality of storm water runoff. 
For example, air emissions (i.e., settled dust) may be a significant 
source of pollutants at some facilities, while materials storage is a 
primary source at others. In addition, sources of pollutants other than 
storm water, such as illicit connections,38 spills, and other 
improperly dumped materials, may increase the pollutant loadings 
discharged into waters of the United States.

    \38\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at mineral mining and processing facilities is low yet 
it still may be applicable at some operations.
---------------------------------------------------------------------------

    Based on group application information and data, EPA has identified 
the storm water pollutants and sources resulting from asphalt 
facilities and lubricant manufacturers in Tables D-2 and D-3.
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the asphalt paving and roofing materials 
manufacturers and lubricating oils and greases manufacturers industry 
into 2 subsectors to properly analyze sampling data and determine 
monitoring requirements. As a result, this sector has been divided into 
the following subsectors: asphalt paving and roofing materials and 
lubricating oils and greases manufacturers. The tables below include 
data for the eight pollutants that all facilities were required to 
monitor under Form 2F.

                                                                                                                

[[Page 50863]]
                Table D-2.--Statistics for Selected Pollutants Reported by Asphalt Paving and Roofing Materials Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   No. of        No. of samples           Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
                                 facilities    -------------------------------------------------------------------------------------------------------------------------------------------------
    PollutantSample type     ------------------                                                                                                                                                 
                                Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD\5\......................       25       22       45       41     52.5      13.9       0.0        0.0     1220.0     161.0       8.0       5.0     101.2       42.8       256.1        89.3  
COD.........................       26       22       46       40    232.4     207.8       0.0        0.0     2740.0    1880.0      83.5      70.5     800.5      903.4      1897.7      2343.1  
Nitrate + Nitrite Nitrogen..       26       22       46       41      1.02      0.84      0.00       0.0       19.0      12.0       0.44      0.41      3.43       2.15        8.17        4.08 
Total Kjeldahl Nitrogen.....       25       22       45       39      2.24      1.74      0.00       0.0       19.00     18.0       1.10      0.88      6.75       4.79       13.22        9.19 
Oil & Grease................       27      N/A       47      N/A      5.5     N/A         0.0      N/A         78.0     N/A         1.3     N/A        21.8      N/A          49.9       N/A    
pH..........................       27      N/A       47      N/A    N/A       N/A         2.4      N/A          9.6     N/A         7.2     N/A        10.1      N/A          11.8       N/A    
Total Phosphorus............       25       22       45       41      0.49      0.51      0.00       0.0        3.90      4.30      0.14      0.19      2.06       1.56        5.22        3.38 
Total Suspended Solids......       25       22       45       41    669       509.6       0          0.0     8050      3320       286       145      3570       3421       12103      13860     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



                         Table D-3.--Statistics for Selected Pollutants Reported by (Lubricant Oils and Greases Manufacturers) Submitting Part II Sampling Datai (mg/L)                         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean              Minimum            Maximum             Median          95th Percentile      99th Percentile  
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type         ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp     Grab      Comp     Grab      Comp      Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5...............................       13        8       15       10     10.7       6.70      0.0       0.0     47.0      22.0      4.0       4.0      36.5      22.52      75.2       40.87
COD.................................       15       10       17       12    108.7      57.66     10.0      10.0    905.0     142.6     42.0      55.1     303.0     175.5      622.2      314.1 
Nitrate + Nitrite Nitrogen..........       13        8       15       10      0.64      0.77      0.00      0.0      2.63     2.43      0.21      0.30      5.01      2.88      17.2        5.83
Total Kjeldahl Nitrogen.............       15        9       17       11      1.76      1.24      0.00     0.19      7.98      3.0      1.10      1.10      5.17      3.86       9.43       6.86
Oil & Grease........................       16      N/A       18      N/A      7.8     N/A         0.0       N/A     55.0       N/A      2.0     N/A        32.7     N/A         82.2      N/A   
pH..................................       14      N/A       16      N/A    N/A       N/A         5.7       N/A      7.9       N/A      7.1     N/A         8.0     N/A          8.6      N/A   
Total Phosphorus....................       15       10       17       12      0.41      0.28      0.00     0.01      3.66     1.28      0.11      0.14      1.30      1.23       3.03       3.18
Total Suspended Solids..............       15       10       17       12    271       206         0           2   3870        2130     20        28       696       592       2912      2283    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology (BCT)]. This section establishes 
requirements for the development and implementation of a site-specific 
storm water pollution prevention plan consisting of a set of BMPs that 
are sufficiently flexible to address different sources of pollutants at 
different sites.
    Two types of BMPs which may be implemented to prevent, reduce or 
eliminate pollutants in storm water discharges are those which minimize 
exposure (e.g., covering, curbing, or diking) and treatment type BMPs 
which are used to reduce or remove pollutants in storm water discharges 
(e.g., oil/water separators, sediment basins, or detention ponds). EPA 
believes exposure minimization is an effective practice for reducing 
pollutants in storm water discharges from asphalt facilities and 
lubricant manufacturers. Exposure minimization practices lessen the 
potential for storm water to come in contact with pollutants. These 
methods are often uncomplicated and inexpensive. They can be easy to 
implement and require little or no maintenance. EPA also believes that 
in some instances more resource intensive treatment type BMPs are 
appropriate to reduce pollutant levels such as suspended solids and 
oil/grease in storm water discharges associated with asphalt facilities 
or lubricant manufacturers. Though these BMPs are somewhat more 
resource intensive, they can be effective in reducing pollutant loads 
and may be necessary depending on the type of discharge, types and 
concentrations of contaminants, and volume of flow.
    Table D-4 lists some BMPs which may be effective in limiting the 
amount of pollutants in storm water discharges from asphalt facilities 
and lubricant manufacturers. Based on part 1 information, several of 
the BMPs suggested are already in place at many of the facilities. Part 
1 submittals indicate that diking, curbing, or other types of diversion 
occur at approximately 57 percent of the facilities. Some form of 
covering is used as a BMP at 25 percent of the facilities, and 
detention ponds are in place at 19 percent of the facilities. In 
addition, 38 percent of the facilities submitting part 1 information 
reported they had a Spill Prevention Control and Countermeasure Plan in 
place.

  Table D-4.--Measures to Control Pollutants in Storm Water Discharges  
           From Asphalt Facilities and Lubricant Manufacturers          
------------------------------------------------------------------------
         Activity                          Suggested BMPs               
------------------------------------------------------------------------
Material Storage,          Cover material storage and handling areas    
 Handling, and Processing.  with an awning, tarp or roof.               
                           Practice good stockpiling practices such as: 
                            storing materials on concrete or asphalt    
                            pads; surrounding stockpiles with diversion 
                            dikes or curbs; and revegetating areas used 
                            for stockpiling in order to slow runoff.    
                           Use curbing, diking or channelization around 
                            material storage, handling and processing   
                            areas to divert runon around areas where it 
                            can come into contact with material stored  
                            or spilled on the ground.                   
                           Utilize secondary containment measures such  
                            as dikes or berms around asphalt storage    
                            tanks and fuel oil tanks.                   

[[Page 50864]]
                                                                        
                           Use dust collection systems (i.e., baghouses)
                            to collect airborne particles generated as a
                            result of material handling operations or   
                            aggregate drying.                           
                           Properly dispose of waste materials from dust
                            collection systems and other operations.    
                           Remove spilled material and dust from paved  
                            portions of the facility by shoveling and   
                            sweeping on a regular basis.                
                           Utilize catch basins to collect potentially  
                            contaminated storm water.                   
                           Implement spill plans to prevent contact of  
                            runoff with spills of significant materials.
                           Clean material handling equipment and        
                            vehicles to remove accumulated dust and     
                            residue.                                    
                           Use a detention pond or sedimentation basin  
                            to reduce suspended solids.                 
                           Use an oil/water separator to reduce the     
                            discharge of oil/grease.                    
------------------------------------------------------------------------



4. Storm Water Pollution Prevention Plan Requirements
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
asphalt facilities and lubricant manufacturers. Pollution prevention 
plans allow the operator of a facility to select BMPs based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology, the environmental setting of each facility, and 
volume and type of discharge generated. This flexibility is necessary 
because each facility will be unique in that the source, type and 
volume of contaminated surface water discharges will differ from site 
to site.
    All facilities subject to this section must prepare and implement a 
storm water pollution prevention plan. The establishment of a pollution 
prevention plan requirement reflects EPA's decision to allow operators 
of asphalt facilities and lubricant manufacturers to utilize BMPs as 
the BAT/BCT level of control for the storm water discharges covered by 
this section. The requirements included in pollution prevention plans 
provide a flexible framework for the development and implementation of 
site specific controls to minimize pollutants in storm water 
discharges. This is consistent with the approach in EPA's storm water 
baseline general permits finalized on September 9, 1992 (57 FR 41236).
    There are two major objectives to a pollution prevention plan: (1) 
To identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility. Specific requirements for a 
pollution prevention plan for asphalt facilities and lubricant 
manufacturers are described below. These requirements must be 
implemented in addition to the baseline pollution prevention plan 
provisions discussed previously.
    a. Description of Potential Pollution Sources. There are no 
additional requirements beyond those described in Part VI.C.2. of this 
fact sheet.
    b. Measures and Controls. There are no additional requirements 
beyond those described in Part VI.C.3. of this fact sheet.
    c. Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
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 
today's permit.
    Comprehensive site compliance evaluations shall be conducted at 
least once a year for asphalt facilities and lubricant manufacturers. 
The individual or individuals who will conduct the evaluations must be 
identified in the plan and should be members of the pollution 
prevention team. Inspection reports must be retained for at least 3 
years after the date of the evaluation.
    Comprehensive site compliance evaluations shall be conducted at 
least once a year at portable plant locations. Such evaluations shall 
be conducted at least once at portable plant locations that are not in 
operation a full year.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, but no later than 12 weeks after completion of the 
evaluation.
    For portable plants, the plan must be revised as appropriate as 
soon as possible, but no later than 2 weeks after each evaluation. Two 
weeks is adequate time for portable plants to modify their plans due to 
the simpler and smaller nature of these operations in comparison to 
permanent facilities.
5. Numeric Effluent Limitations
    In addition to the numeric effluent limitations established under 
Part V.B, part XI.D.4 of today's permit includes numeric effluent 
limitations for storm water discharges resulting from the production of 
asphalt paving and roofing emulsions. Discharges from areas where 
production of asphalt paving and roofing emulsions occurs may not 
exceed a TSS concentration of 23.0 mg/L of runoff for any one day, nor 
shall the average of daily values for 30 consecutive days exceed a TSS 
concentration of 15.0 mg/L of runoff. Oil and grease concentrations in 
storm water discharges from these areas may not exceed 15.0 mg/L of 
runoff for any 1 day, nor should the average daily values for 30 
consecutive days exceed an oil and grease concentration of 10.0 mg/L of 
runoff. The pH of these discharges must be within the range of 6.0 to 
9.0. Facilities with such discharges must be in compliance with these 
effluent limitations upon commencement of coverage and for the entire 
term of the permit. These effluent limitations are in accordance with 
40 CFR 443.12 and 40 CFR 443.13, Effluent Guidelines and Standards, 
Paving and Roofing Materials Point Source Category, Asphalt Emulsion 
Subcategory. These limitations represent the degree of effluent 
reduction attainable by the application of best practicable control 
technology and best available technology.
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. Under the revised 
methodology for determining pollutants of concern for the various 
industrial sectors, only asphalt paving and roofing 

[[Page 50865]]
materials manufacturers are required to perform analytical monitoring 
of storm water discharges. As discussed previously, the median 
composite sample concentration for TSS of 145 mg/L is higher than the 
benchmark value for TSS of 100 mg/L for the asphalt paving and roofing 
materials subsector, thus triggering monitoring for TSS. The monitoring 
requirements are presented in Table D-5 for asphalt paving and roofing 
materials manufacturers.
    At a minimum, storm water discharges from asphalt paving and 
roofing materials manufacturers must be monitored quarterly during the 
second year of permit coverage. Samples must be collected at least once 
in each of the following periods: January through March; April through 
June; July through September; and October through December. At the end 
of the second year of permit coverage, a facility must calculate the 
average concentration for each parameter listed in Table D-5. If the 
permittee collects more than four samples in this period, then they 
must calculate an average concentration for each pollutant of concern 
for all samples analyzed.

     Table D-5.--Asphalt Paving and Roofing Materials Manufacturers     
                         Monitoring Requirements                        
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Suspended Solids................................  100 mg/L.       
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the cut-off concentration, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration, then the permittee is 
required to conduct quarterly monitoring for that parameter during the 
fourth year of permit coverage. Monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit. The 
schedule for monitoring is presented in Table D-6.

                   Table D-6.--Schedule of Monitoring                   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table B-7, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table B-
                            7, then no further sampling is required for 
                            that parameter.                             
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table B-7.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     
------------------------------------------------------------------------

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    (1) Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    (2) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (3) Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 

[[Page 50866]]
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis in lieu of 
monitoring described under paragraph b. below, under penalty of law, 
signed in accordance with Part VII.G. (Signatory Requirements), that 
material handling equipment or activities, raw materials, intermediate 
products, final products, waste materials, by-products, industrial 
machinery or operations, significant materials from past industrial 
activity, and that are located in areas of the facility that are within 
the drainage area of the outfall are not presently exposed to storm 
water and will not be exposed to storm water for the certification 
period. Such certification must be retained in the storm water 
pollution prevention plan and submitted to EPA in lieu of monitoring 
reports required under paragraph b. (below). If the permittee cannot 
certify for an entire period, they must submit the date exposure was 
eliminated and any monitoring required up until that date. This 
certification option is not applicable to compliance monitoring 
requirements associated with effluent guidelines. EPA does not expect 
facilities to be able to exercise this certification for indicator 
parameters, such as TSS and BOD.
    b. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one Discharge Monitoring Report Form must be submitted per 
storm event sampled. For facilities conducting monitoring beyond the 
minimum requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis. The permittee must include a 
measurement or estimate of the total precipitation, volume of runoff, 
and peak flow rate of runoff for each storm event sampled.
    EPA also believes that between quarterly visual examinations and 
site compliance evaluations potential sources of contaminants can be 
recognized, addressed, and then controlled with BMPs. In determining 
the monitoring requirements, EPA considered the nature of the 
industrial activities and significant materials exposed at these sites, 
and performed a review of data provided in Part 2 group applications.
    c. Quarterly Visual Examination. Quarterly visual examinations of a 
storm water discharge from each outfall are required at asphalt 
facilities and lubricant manufacturers. The examination must be of a 
grab sample collected from each storm water outfall. The examination of 
storm water grab samples shall include any observations of color, odor, 
turbidity, floating solids, foam, oil sheen, or other obvious 
indicators of storm water pollution. The examination must be conducted 
in a well lit area. No analytical tests are required to be performed on 
these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. Where practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Examinations shall be conducted in each of the following 
periods for the purposes of inspecting storm water quality associated 
with storm water runoff and snow melt: January through March; April 
through June; July through September; October through December. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 60 minutes) of when the 
runoff begins discharging. Reports of the visual examination include: 
the examination date and time, examination personnel, visual quality of 
the storm water discharge, and probable sources of any observed storm 
water contamination. The visual examination reports must be maintained 
onsite with the pollution prevention plan.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual inspection will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    d. Compliance Monitoring Requirements. Today's permit requires 
permittees with storm water discharges associated with the production 
of asphalt paving or roofing emulsions to monitor for the presence of 
total suspended solids, oil and grease, and for pH at least annually. 
These monitoring requirements are necessary to evaluate compliance with 
the numeric effluent limitation imposed on these discharges. Monitoring 
shall be performed upon a minimum of one grab sample. All samples shall 
be collected from the discharge resulting from a storm event that is 
greater than 0.1 inches in magnitude and that occurs at least 72 hours 
from the previously measurable (greater than 0.1 inch rainfall) storm 
event. The grab sample shall be taken during the first 30 minutes of 
the discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. Monitoring results shall be submitted on 
Discharge Monitoring Report Form(s) postmarked no later than the last 
day of the month following collection of the sample. For each outfall, 
one Discharge Monitoring Report form must be submitted per storm event 
sampled. Facilities which discharge through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must also submit signed copies of discharge monitoring reports to 
the operator of the 

[[Page 50867]]
municipal separate storm sewer system. Alternative Certification 
provisions described in Section XI.D.5 do not apply to facilities 
subject to compliance monitoring requirements in this section. 
Compliance monitoring is required at least annually for discharges 
subject to effluent limitations. Therefore, EPA cannot permit a 
facility to waive compliance monitoring.
    Asphalt emulsion manufacturing facilities are not required to 
collect and analyze separate samples for the presence of TSS to satisfy 
the Compliance Monitoring requirements of Section XI.D.5.d. during a 
year in which the facilities have collected and analyzed samples for 
TSS in accordance with the Analytical Monitoring requirements of 
Section XI.D.5.a. The results of all TSS Analytical Monitoring analyses 
may also be reported as Compliance Monitoring results in accordance 
with Section XI.D.5.d.(3) where the monitoring methodologies are 
consistent.

E. Storm Water Discharges Associated With Industrial Activity From 
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
Facilities

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This definition included point source discharges of storm 
water from eleven categories of facilities. Category (ii) identifies 
facilities classified as Standard Industrial Classification (SIC) code 
32 as having storm water discharges associated with an industrial 
activity.
    The following section describes the industrial activities and 
permit conditions for storm water discharges associated with industrial 
activity classified under Major SIC Group 32. The discussion focuses on 
the industries covered by today's permit. There are industries in Major 
SIC Group 32 beyond those discussed below; however, representatives of 
these industries did not choose to participate in the group application 
process on which this section is based. Therefore, they are not 
eligible for coverage under this permit.
    This section only covers storm water discharges associated with 
industrial activities from facilities engaged in gypsum, cement, clay, 
glass, and concrete products manufacturing.39 Facilities subject 
to the requirements of this section include the following types of 
manufacturing operations: flat glass, (SIC code 3211); glass 
containers, (SIC code 3221); pressed and blown glass, not elsewhere 
classified, (SIC code 3229); hydraulic cement, (SIC code 3241); brick 
and structural clay tile, (SIC code 3251); ceramic wall and floor tile, 
(SIC code 3253); clay refractories, (SIC code 3255); structural clay 
products not elsewhere classified (SIC code 3259); vitreous table and 
kitchen articles (SIC code 3262); fine earthenware table and kitchen 
articles (SIC code 3263); porcelain electrical supplies, (SIC code 
3264); pottery products, (SIC code 3269); concrete block and brick, 
(SIC code 3271); concrete products, except block and brick (SIC code 
3272); ready-mix concrete, (SIC code 3273); gypsum products, (SIC code 
3275); minerals and earths, ground or otherwise treated, (SIC code 
3295); and nonclay refractories, (SIC code 3297).

    \39\ Please note that storm water discharges associated with 
industrial activity from facilities identified as SIC code 323 
(glass products made of purchased glass) only occur where material 
handling equipment or activities, raw materials intermediate 
products, final products, waste materials, by-products or industrial 
machinery are exposed to storm water. SIC code 323 facilities are 
only required to submit storm water permit applications when 
activities or materials are exposed to storm water.
---------------------------------------------------------------------------

    Wash waters from vehicle and equipment cleaning areas are process 
wastewaters. This section does not cover any storm water that combines 
with process wastewater, unless the process wastewater is in compliance 
with another NPDES permit. This section does not cover any discharge 
subject to an existing or expired NPDES general permit. The section may 
cover runoff which derives from the storage of materials used in or 
derived from the cement manufacturing process 40 unless storm 
water discharges are already subject to an existing or expired NPDES 
permit.

    \40\ These discharges are subject to effluent limitation 
guidelines under 40 CFR 412.11.
---------------------------------------------------------------------------

    Discharges from several industrial activities in Major SIC Group 32 
are not covered by this section. These activities are: lime 
manufacturing (SIC 3274); cut stone and stone products (SIC 3281); 
abrasive products (SIC 3291); asbestos products (SIC 3292); and mineral 
wool and mineral wool insulation products (SIC 3297).
    These types of facilities are not covered by this (or any other) 
section of today's permit, because these types of industrial activities 
were not represented in the group application process nor are they 
believed to be sufficiently similar to industrial activities that were 
included in the group application process. Because these facilities 
were not included in the group application process there is no 
additional information with which to develop industry-specific permit 
language.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Industry Profile. Part XI.E. of today's permit has been 
developed for storm water discharges from glass, clay, cement, 
concrete, and gypsum products manufacturers. As stated above, these 
facilities are regulated under category (ii) of the definition of storm 
water discharges associated with industrial activity. Part XI.E. of 
today's permit addresses the industry-specific permit requirements for 
storm water discharges from these industries.
    There are a variety of industrial processes that occur at 
manufacturing facilities covered under this section. The following 
descriptions summarize basic operations occurring at each type of 
industry.
    (1) Glass Product Manufacturing. Facilities primarily engaged in 
the manufacturing of glass and glassware, or manufacturing glass 
products from purchased glass are classified under standard industrial 
groups 321-323. Facilities covered by these SIC codes share several 
similar steps in the manufacturing process. Such processes include the 
storage of raw materials, weighing the materials, charging, melting and 
forming. Although the forming processes vary greatly, the steps with a 
potential exposure to storm water are somewhat homogeneous.
    The first step in the glass manufacturing process is batch 
preparation. This involves the selection and storage of the raw 
materials that will be used in the process. Such materials may include 
silica sand, limestones, feldspars, borates, soda ash, boric acid, 
potash and barium carbonate. Once the desired characteristics of the 
final product are 

[[Page 50868]]
assessed, the composition of the batch is determined and the raw 
materials are mixed together. The batch is then conveyed to the 
furnaces.
    Furnaces are used to melt the batch to produce glass. Most of the 
furnaces in the glass manufacturing industry are fueled by natural gas 
or oil. The batch is placed in the furnace and allowed to melt. Once 
the glass has been melted and conditioned it is channeled to a forming 
machine.
    Forming operations consist of up to four major steps, the first of 
which involves a further conditioning process to prepare the glass for 
primary forming. Primary forming, which may include drawing, blowing, 
pressing, or casting, is the second step in the forming operation. This 
operation is usually followed by an annealing step. Annealing is the 
process of subjecting the glass to heat and slow cooling in order to 
toughen the product. The final process in the forming operation may 
include one or more secondary operations. Operations such as grinding 
and polishing, laminating, sealing and coating of glass are common 
secondary operations. Materials used for secondary operations vary, 
examples are the resins used to laminate glass to produce safety glass 
products, such as car windows.
    (2) Cement Manufacturing. Facilities primarily engaged in 
manufacturing hydraulic cement (e.g., portland, natural, masonry, and 
pozzolana cements) are identified as SIC code 3241. The manufacturing 
process is generally the same for all facilities classified as SIC 
3241. The three basic steps in cement manufacturing are: (1) 
Proportioning, grinding, and blending raw materials; (2) heating raw 
materials to produce a hard, stony substance known as ``clinker''; and 
(3) combining the clinker with other materials and grinding the mixture 
into a fine powdery form.
    The first step in cement manufacturing is proportioning, grinding 
and blending raw materials. The primary raw material is lime. Lime is 
typically obtained from limestone, cement rock, oyster shell marl, and 
chalk. Other ingredients in cement manufacturing may include silica, 
alumina, and iron. The blending and grinding of these raw materials is 
achieved through either ``wet'' processing or ``dry'' processing. Wet 
processing operations use water when grinding and blending raw 
materials, and dry processing operations grind and blend raw materials 
in a dried state. Until they are fed into kilns for clinker production, 
materials ground from wet processing are stored in slurry tanks, while 
dry processing materials are stored in silos.
    Kilns typically are coal, gas, or oil fired. In the kiln raw 
materials are commonly heated to a temperature of 1600 degrees Celsius 
(2900 degrees Fahrenheit). At these extreme temperatures, clinker is 
formed as raw materials begin to fuse and harden. Air is then used to 
cool clinker emerging from the kiln.
    The final stage of the process involves adding small amounts of 
gypsum or stone (used to control setting times) to the clinker and 
grinding the mixture into a fine powdery form. The powdery product is 
then cooled before storage, bagging, and shipping.
    There are facilities classified as SIC 3241 which only perform the 
final grinding step in the cement manufacturing process. These 
facilities do not have kilns to heat raw materials, and so obtain 
clinker from manufacturing plants.
    (3) Clay Product Manufacturing. Facilities primarily engaged in 
manufacturing clay products, including brick, tile (clay or ceramic), 
or pottery products are classified as standard industrial groups 325 
and 326. Although clay product manufacturing facilities produce a wide 
variety of final products, there are several similar processing steps 
shared by most facilities in this industry: (1) Storage and preparation 
of raw materials; (2) forming; (3) drying; (4) firing; and (5) cooling.
    Manufacturers classified as standard industrial groups 325 and 326 
typically use clay (common, silt, kaolin and/or phyllite) and shale 
(mud, red, blue and/or common) as their primary raw materials. However, 
some industries supplement these materials with slag (cinders), cement 
and lime. Raw materials are generally stored outside.
    Raw materials are crushed and ground prior to manufacturing. Stones 
are removed, and particles of raw materials are screened to ensure they 
are the correct size. Water is then added to raw materials in mixing 
chambers and ``mud'' is formed. The mud is molded into the desired 
product during the forming stage. Depending on the final product, one 
of several different methods will be used when forming mud into the 
desired shape. The most common methods use pressure or hydraulic 
machines to shape products.
    Following the forming process, products are left to dry. Drying is 
necessary to reduce the moisture content prior to firing. A common 
method for reducing moisture content is air drying clay products in a 
controlled environment (e.g., a drying chamber). When the drying 
process is complete, the clay is ready for firing in kilns.
    There are two basic types of kilns: the periodic kiln and the 
tunnel kiln. With a periodic kiln, products are fired for a specified 
period of time and then promptly removed. With a tunnel kiln, products 
pass through the kiln on conveyor belts, and by the time the clay 
reaches the end of the kiln, the firing process is complete. The 
primary source of energy for most firing kilns is natural gas. Natural 
gas is typically supplemented with coal, sawdust, or oil. Fired 
products may then be glazed with salt or other materials for special 
applications.
    (4) Concrete Products. Facilities primarily engaged in 
manufacturing concrete products, including ready-mixed concrete, are 
identified as SIC group 327. Although concrete product facilities in 
SIC group 327 produce a variety of final products, they all have common 
raw materials and activities.
    Concrete products manufacturers combine cement, aggregate, and 
water to form concrete. Aggregate generally consists of: sand, gravel, 
crushed stone, cinder, shale, slag, clay, slate, pumice, vermiculite, 
scoria, perlite, diatomite, barite, limonite, magnetite, or ilmenite. 
Admixtures including fly ash, calcium chloride, triethanolamine, 
calcium salt, lignosulfunic acid, vinosol, saponin, keratin, sulfonated 
hydrocarbon, fatty acid glyceride, vinyl acetate, and styrene copolymer 
of vinyl acetate may be added to obtain desired characteristics, such 
as slower or more rapid curing times.
    Typically, aggregate is received in bulk quantities by rail, truck, 
or barge. It is stored outside, and kept moist, until it is conveyed to 
distribution bins. The first stage in the manufacturing process is 
proportioning cement, aggregate, admixtures and water, and then 
transporting the product to a rotary drum, or pan mixer.
    To form concrete block and brick, the mixture is then fed into an 
automatic block molding machine that rams, presses, or vibrates the 
mixture into its final form. The final product is then stacked on iron 
framework cars where it cures for 4 hours. Decorative blocks may be 
produced by adding colors to the mix, or splitting the surface into 
desired shapes.
    Precast concrete products, may contain steel structural members for 
increased strength. These products include transformer pads, meter 
boxes, pilings, utility vaults, steps, cattle guards, and balconies. 
After being mixed in a central mixer, concrete is poured into forms or 
molded in the same manner as concrete block and 

[[Page 50869]]
brick. Forms are often coated with a release oil to aid stripping. The 
concrete ``sets'' or cures in the forms for a number of hours 
(depending upon the type of admixtures used). When the concrete has 
cured, the forms are removed. Forms are washed for reuse, and the 
concrete products are stored until they can be shipped.
    In addition to the permanent concrete product facilities, there are 
a number of portable ready mix concrete operations which operate on a 
temporary basis. The portable plants are typically dedicated to 
providing ready mix concrete to one construction project. Portable 
plants have the same significant materials and industrial activities as 
permanent facilities. Therefore, portable concrete plants are eligible 
for coverage under Part XI.E. of today's permit.
    (5) Gypsum Products Manufacturing. Facilities primarily engaged in 
manufacturing plaster, wallboard, and other products composed wholly or 
partially of gypsum (except plaster of paris and papier-mache) are 
classified as SIC code 3275.
    The gypsum product manufacturing process begins with calcining the 
gypsum: finely ground raw gypsum (referred to as ``land plaster'') is 
fed into imp mills or calcining kettles where extreme heat removes 75 
percent of the gypsum's molecular moisture. The result is a dry powder 
called stucco, which is cooled and conveyed to storage bins.
    To produce wallboard, stucco is fed into pin mixers where it is 
blended with water and other additives to produce a slurry. The slurry 
is then applied to continuous sheets of paper to form wallboard. In 
addition to producing wallboard, some facilities may combine stucco 
with additives (excluding water) to produce plaster. Plaster is then 
bagged or bulked and shipped off site for purchase.
    EPA considers calcining the first step in gypsum product 
manufacturing. Many facilities with a primary SIC code of 3275 may have 
mining/quarry and crushing activities at their sites. Please note, 
however, that because these activities are not considered part of the 
manufacturing operations, storm water discharges from mining/quarry and 
crushing are not covered under Part XI.E. of the today's permit. 
Discharges associated with gypsum mining activities are addressed under 
Part XI.J. of today's permit and VIII.J. of the fact sheet.
2. Pollutants in Storm Water Discharges Associated With Glass, Clay, 
Cement, Concrete, and Gypsum Product Manufacturing
    Impacts caused by storm water discharges from gypsum, concrete, 
clay, glass, and concrete manufacturing operations will vary. Several 
factors influence to what extent industrial activities and significant 
materials from these types of facilities and processing operations can 
affect water quality. Such factors include: geographic location; 
hydrogeology; the type of industrial activity occurring outside (e.g., 
material storage, loading and unloading, or vehicle maintenance); the 
type of material stored outside (e.g., aggregate, limestone, clay, 
concrete, etc.); the size of the operation; and type, duration, and 
intensity of precipitation events. These and other factors will 
interact to influence the quantity and quality of storm water runoff. 
For example, air emissions (i.e., settled dust) may be a significant 
source of pollutants at some facilities, while material storage is a 
primary source at others. In addition, sources of pollutants other than 
storm water, such as illicit connections,41 spills, and other 
improperly dumped materials, may increase the pollutant loadings 
discharged into waters of the United States.

    \41\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings.
---------------------------------------------------------------------------

    Table E-1, Potential Sources of Pollutants in Storm Water 
Discharges Associated with Glass, Clay, Cement, Concrete, and Gypsum 
Manufacturing, summarizes the industrial activities indicated in the 
part 1 group applications for facilities covered under this section of 
today's permit. Table E-1 also lists the likely sources of 
contamination of storm water that are associated with this activity. 
The third column of the table lists the pollutants or the indicator 
parameters for the pollutants which may be present in the storm water 
discharges associated with the industrial activity. The table is 
limited to the industrial activities which are commonly exposed to 
storm water. Industrial activities which predominantly occur indoors, 
such as glass forming, are not listed in Table E-1.

   Table E-1.--Potential Sources of Pollutants in Storm Water Discharges Associated With Glass, Clay, Cement,   
                                       Concrete, and Gypsum Manufacturing                                       
----------------------------------------------------------------------------------------------------------------
           Activity                              Pollutant source                      Pollutants/indicators    
----------------------------------------------------------------------------------------------------------------
Material Storage at Glass       Exposed or spilled: sand, soda ash, limestone,     TSS, COD, oil and grease, pH,
 Manufacturing Facilities.       cullet, and petroleum products.                    lead.                       
Materials Storage at Clay       Exposed: ceramic parts, pryophyllite ore, shale,   TSS, pH, COD, oil and grease,
 Products Manufacturing          ball clay, fire clay, kaolin, tile, silica,        aluminum, lead, zinc.       
 Facilities.                     graphite, coke, coal, brick, sawdust, waste oil,                               
                                 and used solvents.                                                             
Material Handling at Clay       Exposed: ceramic parts, liquid chemicals,          TSS, pH, oil and grease, TKN,
 Products Manufacturing          ammonia, waste oil, used solvents, pryophyllite    COD, BOD, aluminum, lead,   
 Facilities Including: Loading/  ore, shale, ball clay, fire clay, kaolin, tile,    zinc.                       
 Unloading.                      alumina, silica, graphite, coke, coal, olivine,                                
                                 magnesite magnesium carbonate, brick, sawdust,                                 
                                 and wooden pallets.                                                            
Forming/Drying Clay Products..  Clay, shale, slag, cement, and lime..............  TSS, pH.                     
Material Storage at Cement      Exposed: kiln dust, limestone, shale, coal,        TSS, pH, COD, potassium,     
 Manufacturing Facilities.       clinker, gypsum, clay, slag, and sand.             sulfate.                    
Material Handling at Cement     Exposed: kiln dust, limestone, shale, coal,        TSS, pH, COD, potassium,     
 Manufacturing Facilities.       clinker, gypsum, clay, slag, anhydrite, and sand.  sulfate, oil and grease.    
Crushing/Grinding at Cement     Settled dust and ground limestone, cement, oyster  TSS, pH.                     
 Manufacturing Facilities.       shell, chalk, and clinker.                                                     
Material Storage at Concrete    Exposed: aggregate (sand and gravel), concrete,    TSS, COD, pH.                
 Product Manufacturing           shale, clay, limestone, slate, slag, and pumice.                               
 Facilities.                                                                                                    

[[Page 50870]]
                                                                                                                
Material Handling at Concrete   Exposed: aggregate, concrete, shale, clay, slate,  TSS, COD, pH, lead, iron,    
 Product Manufacturing           slag, pumice, and limestone as well as spills or   zinc.                       
 Facilities.                     leaks of cement, fly ash, admixtures and                                       
                                 baghouse settled dust.                                                         
Mixing Concrete...............  Spilled: aggregate, cement, and admixture........  TSS, pH, COD, lead, iron     
                                                                                    zinc.                       
Casting/Forming Concrete        Concrete, aggregate, form release agents,          TSS, pH, oil and grease, COD,
 Products.                       reinforcing steel, latex sealants, and             BOD.                        
                                 bitumastic coatings.                                                           
Vehicle and Equipment Washing   Residual: aggregate, concrete, admixture, oil and  TSS, pH, COD, oil and grease.
 at Concrete Product             grease.                                                                        
 Manufacturing Facilities.                                                                                      
Crushing/Grinding of Gypsum     Exposed or spilled: gypsum rock and dust.........  TSS, pH.                     
 Rock.                                                                                                          
Material Storage at Gypsum      Exposed: gypsum rock, synthetic gypsum, recycled   TSS, COD, pH.                
 Manufacturing Facilities.       gypsum and wallboard, stucco, perlite ore/                                     
                                 expanded perlite, and coal.                                                    
Material Handling at Gypsum     Exposed or spilled: gypsum rock, synthetic         TSS, pH, COD.                
 Manufacturing Facilities        gypsum, recycled gypsum and wallboard, stucco,                                 
 (including bagging and          perlite ore/expanded perlite, and coal.                                        
 packaging).                                                                                                    
Equipment/Vehicle Maintenance.  Gasoline, diesel, fuel, and fuel oil.............  Oil and grease, BOD, COD.    
                                Parts cleaning...................................  COD, BOD, oil and grease, pH.
                                Waste disposal of solvents, oily rags, oil and     Oil and grease, lead, iron,  
                                 gas filters, batteries, coolants, and degreasers.  zinc, aluminum, COD, pH.    
                                Fluid replacement including lubricating fluids,    Oil and grease, arsenic,     
                                 hydraulic fluid, oil, transmission fluid,          lead, cadmium, chromium,    
                                 radiator fluids, solvents, and grease.             COD, and benzene.           
----------------------------------------------------------------------------------------------------------------


    The activities common to the facilities covered under Part XI.E. of 
today's permit are material storage and material handling operations. 
All facilities covered under this section handle and store nonmetallic 
minerals. These minerals are typically loaded and unloaded in areas of 
the site that are exposed to storm water. The minerals are often stored 
outdoors until they are utilized in the industrial processes. Handling 
and storing these minerals outdoors may result in the discharge of a 
portion of the materials in storm water runoff. The presence of the 
nonmetallic minerals in the storm water is measured by the total 
suspended solids (TSS) test. Many of the minerals processed by the 
facilities are calcareous, such as limestone or chalk. The presence of 
these materials can elevate the pH of the storm water discharged from 
the site.
    Vehicle fueling, repair, maintenance and cleaning occurs at many 
facilities covered under this section. Facilities will fuel, repair and 
maintain vehicles used to transport significant materials to, from or 
around the facility. Facilities may also perform maintenance on process 
or material handling equipment such as mixers or conveyors. The 
fueling, maintenance and repair activities may result in leaks or 
spills of oil from the vehicles and equipment. The spilled material may 
be carried off of the site in the storm water discharge.
    Ready mix concrete facilities will frequently wash out the mixers 
of the trucks after concrete has been delivered to a job site. The wash 
out water contains unhardened concrete. Facilities will often wash down 
the exterior of their vehicles. The wash off water may contain cement, 
sand, gravel, clay, or other materials. The wash water from the 
vehicles should be either treated and discharged from the site through 
a sanitary sewer or NPDES permitted discharge or collected in a recycle 
pond where the heavy solids settle out and the water is recycled back 
to be used in the plant. Pollutants from the wash water may settle out 
on the site before it is treated or recycled. These pollutants may come 
into contact with storm water and be discharged from the site.
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the glass, clay, cement concrete and gypsum 
product industry into subsectors to properly analyze sampling data and 
determine monitoring requirements. As a result, this sector has been 
divided into the following subsectors: manufacturers of flat glass, 
glass and glassware, pressed or blown glass products made of purchased 
glass; hydraulic cement manufacturers; manufacturers of clay products, 
pottery and related products (including nonclay refractories); and 
concrete, gypsum and plaster product manufacturers (including ground 
minerals and earth). Tables E-2, E-3, E-4 and E-5 below include data 
for the eight pollutants that all facilities were required to monitor 
for under Form 2F. The tables also list those parameters that EPA has 
determined merit further monitoring.

 Table E-2.--Statistics for Selected Pollutants Reported by Flat Glass, Glass and Glassware, Pressed or Blown Glass Products Made of Purchased Glass Manufacturing Facilities Submitting Part II
                                                                                      Sampling Datai (mg/L)                                                                                     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean              Minimum             Maximum             Median          95th percentile     99th percentile  
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        Pollutant Sample type        ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................        9        9       17       17      9.4       7.76      0.0       0.0     45.0      16.0       5.0       7.0      27.8      17.56     49.5       25.01
COD.................................        9        9       17       17     84.6      95.81     14.0       7.0    317.0     512.0      56.0      51.0     245.3     307.6     440.7      605.3 
Nitrate + Nitrite Nitrogen..........        9        9       17       17      0.99      0.87      0.00      0.0      7.21      4.79      0.56      0.55      2.76      3.01      5.23       6.20
Total Kjeldahl Nitrogen.............        9        9       17       17      2.01      1.73      0.67      0.0      4.92      4.47      1.50      1.80      4.42      4.44      6.58       6.82
Oil & Grease........................        9      N/A       16      N/A      2.7     N/A         0.0       N/A     29.0     N/A         0.0     N/A        15.4     N/A        49.5      N/A   
pH..................................        9      N/A       18      N/A    N/A       N/A         4.6       N/A      9.8     N/A         7.9     N/A        10.5     N/A        11.8      N/A   
Total Phosphorus....................        9        9       17       17      0.39      0.31      0.10      0.0      1.50      0.83      0.33      0.23      0.91      0.71      1.43       1.06

[[Page 50871]]
                                                                                                                                                                                                
Total Suspended Solids..............        9        9       17       17     60       110.6       6         0.0    230       800        40        19.0     215       450       453      1314    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



                          Table E-3.--Statistics for Selected Pollutants Reported by Hydraulic Cement Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         No. of facilities    No. of samples            Mean                Minimum              Maximum              Median           95th percentile        99th percentile   
 Pollutant Sample type -------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          Grab     Compii     Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab        Comp       Grab        Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..................         4         4         7         7        7.8       5.3       0.0       0.0       40.2       27.0       0.0       0.0        42.5       27.99       95.2       60.6 
COD...................         4         4         7         7      277.3      55.2       0.0      15.0     1411.0      136.0      38.8      40.0      1350.7      173.0      4198.2      323.1 
Nitrate + Nitrite                                                                                                                                                                               
 Nitrogen.............         4         4         7         7        0.78      3.40      0.23      0.10       1.77      17.5       0.66      0.67        1.82      15.44        2.75      49.7 
Total Kjeldahl                                                                                                                                                                                  
 Nitrogen.............         4         4         7         7        1.85      1.16      0.00      0.0        7.15       2.81      0.56      1.03       12.77       5.20       41.07      11.15
Oil & Grease..........         4       N/A         7       N/A        1.5     N/A         0.0     N/A          5.0      N/A         0.0     N/A           9.6      N/A          22.8      N/A   
pH....................         4       N/A         6       N/A      N/A       N/A         7.2     N/A         11.2      N/A         8.1     N/A          12.3      N/A          14.2      N/A   
Total Phosphorus......         4         4         7         7        1.00      0.18      0.00      0.01       3.88       0.53      0.16      0.05       18.43       1.14      143.86       3.72
Total Suspended Solids         4         4         7         7     2528       300.6      10         6.0    17085       1368        82        57        7499       1709       40323      6791    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


      Table E-4.--Statistics for Selected Pollutants Reported by Structural Clay Products, Pottery, and Related Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      No. of        No. of samples          Mean               Minimum              Maximum              Median          95th percentile       99th percentile  
                                    facilities    ----------------------------------------------------------------------------------------------------------------------------------------------
     Pollutant Sample type      ------------------                                                                                                                                              
                                   Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp      Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...........................       18       18       23       22     10.4      10.7       0.0       0.0       47.0       42.0       9.3       9.1      30.2       32.3       50.2       54.32
COD............................       18       18       23       22     91.1      77.9       0.0       0.0      620.0      420.0      39.0      37.5     324.3      273.7      703.1      592.4 
Nitrate + Nitrite Nitrogen.....       16       16       21       20      0.76      0.76      0.00      0.00       1.80       2.30      0.40      0.56      2.53       2.20       4.65       3.75
Total Kjeldahl Nitrogen........       18       18       23       22      1.93      1.40      0.00      0.00      13.00       6.70      1.10      0.82      6.02       4.94      10.59       9.06
Oil & Grease...................       18      N/A       23      N/A      1.46    N/A         0.00    N/A          9.0      N/A         0.0     N/A         7.9      N/A         17.6      N/A   
pH.............................       18      N/A       23      N/A    N/A       N/A         5.0     N/A          9.0      N/A         7.0     N/A         9.2      N/A         10.1      N/A   
Total Phosphorus...............       16       16       21       20      0.31      0.28      0.00      0.0        1.70       1.42      0.12      0.14      1.22       1.14       2.75       2.43
Total Suspended Solids.........       18       18       23       22    177       203         4         0.0     1300       1440        73        50       747       1065       2055       3745   
Aluminum.......................        8        8        8        8      3.96      6.48      0.3       0         14         42         2.7       1.1      16.51      24.18      37.73      74.09 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


               Table E-5.--Statistics for Selected Pollutants Reported by Concrete, Gypsum and Plaster Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  No. of        No. of samples           Mean               Minimum              Maximum               Median           95th percentile       99th percentile   
                                facilities    --------------------------------------------------------------------------------------------------------------------------------------------------
   Pollutant Sample type    ------------------                                                                                                                                                  
                               Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab        Comp      Grab      Comp       Grab       Comp       Grab        Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5.......................      155      153      211      207      14.0       5.84      0.0       0.0      1300.0       74.0       4.0       3.4       33.5       19.4        71.0       35.9 
COD........................      156      154      213      208      81.6      62.4       0.0       0.0       700.0      510.0      51.0      43.5      251.6      190.8       472.7      350.6 
Nitrate + Nitrite Nitrogen.      147      145      203      198       1.27      0.85      0.00      0.0        48.00      22.20      0.57      0.52       4.16       2.91        9.45       6.05
Total Kjeldahl Nitrogen....      147      144      204      198       2.45      1.39      0.00      0.0       101.00      17.30      1.20      1.00       6.21       3.91       12.08       6.87
Oil & Grease...............      157      N/A      214      N/A       4.6     N/A         0.0     N/A         130.0      N/A         1.4     N/A         15.5      N/A          34.5      N/A   
pH.........................      146      N/A      199      N/A     N/A       N/A         2.0     N/A          12.3      N/A         8.9     N/A         12.1      N/A          13.8      N/A   
Total Phosphorus...........      156      153      213      207       1.00      0.74      0.00      0.00       18.00      10.70      0.30      0.25       3.54       2.60        9.61       6.51
Total Suspended Solids.....      154      154      211      208    1322       374.5       0         0.0     61000       3340       250       170       3872       1724       12482       4636   
Iron.......................        8        8        8        8      10.4       7.1       0.2       1          29         14         5.4       6.5       72.2       23.1       224.3       41.9 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

3. Options for Controlling Pollutants
    There are a number of options for eliminating or minimizing the 
presence of pollutants in storm water discharges from glass, clay, 
cement or concrete product manufacturing facilities. In evaluating the 
options for controlling pollutants in the storm water discharges 
associated with the industrial activities 

[[Page 50872]]
covered under this section, EPA must comply with the requirements of 
Section 402(p)(3) of the Clean Water Act which require the compliance 
with the Best Available Technology (BAT) and Best Conventional 
Technology (BCT).
    EPA believes that it is infeasible to develop effluent limitations 
for storm water discharges associated with glass, clay, cement, or 
concrete manufacturing beyond those already established in the Effluent 
Limitation Guidelines. There are significant variations from site to 
site on the industrial activity and significant materials exposed to 
storm water. The data collected to date is inadequate to characterize 
these variations. Therefore, EPA believes that the requirement for a 
facility operator to develop a pollution prevention plan which 
considers the specific conditions at his or her site satisfies the BAT/
BCT requirements. The pollution prevention plan will call for the 
implementation of best management practices that minimize contact 
between the storm water and pollutant sources or which remove 
pollutants from the storm water before it is discharged from the site. 
Table E-6 lists the pollution prevention measures or best management 
practices which are most applicable to facilities classified in major 
SIC Group 32. The table is organized by the specific industrial 
activities which may introduce pollutants to storm water. The right 
column lists corresponding BMPs which may be considered.

  Table E-6.--Measures to Control Pollutants in Storm Water Discharges  
       From Glass, Clay, Cement, Concrete, and Gypsum Facilities i      
------------------------------------------------------------------------
         Activity                         Associated BMPs               
------------------------------------------------------------------------
Storing dry bulk           Store materials in an enclosed silo or       
 materials including:       building.                                   
 sand, gravel, clay,                                                    
 cement, fly ash, kiln                                                  
 dust, and gypsum.                                                      
                           Cover material storage piles with a tarp or  
                            awning.                                     
                           Divert runon around storage areas using      
                            curbs, dikes, diversion swales or positive  
                            drainage away from the storage piles.       
                           Install sediment basins, silt fence,         
                            vegetated filter strips, or other sediment  
                            removal measures downstream/downslope.      
                           Only store washed sand and gravel outdoors.  
Handling bulk materials    Use dust collection systems (e.g., bag       
 including: sand, gravel,   houses) to collect airborne particles       
 clay, cement, fly ash,     generated as a result of handling           
 kiln dust, and gypsum.     operations.                                 
                           Remove spilled material and settled dust from
                            paved portions of the facility by shoveling 
                            and sweeping on a regular basis.            
                           Periodically clean material handling         
                            equipment and vehicles to remove accumulated
                            dust and residue.                           
                           Install sediment basins, silt fence,         
                            vegetated filter strips, or other sediment  
                            removal measures downstream/downslope.      
Mixing operations........  Use dust collection systems (e.g., bag       
                            houses) to collect airborne particles       
                            generated as a result of mixing operations. 
                           Remove spilled material and settled dust from
                            the mixing area by shoveling and sweeping on
                            a regular basis.                            
                           Clean exposed mixing equipment after mixing  
                            operations are complete.                    
                           Install sediment basins, silt fence,         
                            vegetated filter strips, or other sediment  
                            removal measures downstream/downslope.      
Vehicle and equipment      Designate vehicle and equipment wash areas   
 washing.                   that drain to recycle ponds or process      
                            wastewater treatment systems.               
                           Train employees on proper procedure for      
                            washing vehicles and equipment including a  
                            discussion of the appropriate location for  
                            vehicle washing.                            
                           Conduct vehicle washing operation indoors or 
                            in a covered area.                          
                           Clean wash water residue from portions of the
                            site that drain to storm water discharges.  
Dust Collection..........  Maintain dust collection system and baghouse.
                            Properly remove and recycle or dispose of   
                            collected dust to minimize exposure of      
                            collected dust to.                          
Pouring and curing pre-    Pour and cure precast products in a covered  
 cast concrete products.    area.                                       
                           Clean forms before storing outdoors.         
------------------------------------------------------------------------
i From ``Storm Water Management for Industrial Activities: Developing   
  Pollution Prevention Plans and Best Management Practices,'' (EPA 832-R-
  92-006) EPA, 1992, and proposed pollution prevention plans submitted  
  by group applicants.                                                  

    In addition to the activity-specific best management practices 
listed in Table E-6 above, there are structural practices that may be 
effective in reducing the pollutants found in the storm water 
discharges from facilities in Major SIC Group 32. This section does not 
specifically require that these structural measures be installed; 
however, the permittee must consider measures such as these at the 
facility. The structural measures include: vegetative filter strips, 
grassed swales, detention ponds, retention ponds or recycle ponds. 
These structural measures remove pollutants from the storm water which 
is carrying them off site. The measures listed above are effective in 
removing the heavy suspended solids which are common in the storm water 
discharges from clay, cement, concrete, and gypsum facilities.
    Vegetated filter strips are gently sloped areas covered with either 
natural or planted vegetation. Vegetated filter strips remove 
pollutants from storm water by a filtering action. Vegetated filter 
strips can be located along the down slope perimeter of the industrial 
activity but not in areas of concentrated flow. Grassed swales are 
similar to vegetated filter strips. Within Major SIC Group 32, four 
percent of the designated sampling facilities indicated in their part 1 
group applications that they had vegetated filter strips at their 
facilities. Grassed swales also remove pollutants from storm water 
flows by a filtering action. A grassed swale consists of a broad, grass 
lined ditch or swale with gradual slopes or check dams to reduce the 
velocity of flow. Unlike vegetated filter strips, grassed swales can 
remove pollutants from concentrated storm water runoff. Over 13 percent 
of the 

[[Page 50873]]
designated samplers in Major SIC Group 32 indicated that there were 
grass lined swales at their facility.
    Retention ponds and detention ponds are storm water management 
measures used to control the quantity and quality of storm water 
discharged from a site. A detention pond is a pond which temporarily 
detains the storm water discharged from an area. While detained in the 
pond, the heavy suspended particles in the storm water settle to the 
bottom of the pond. The result is a discharge from the detention pond 
with a TSS concentration which is lower than the influent concentration 
to the pond. Retention ponds retain the storm water within the pond 
with no discharge except for when extreme rainfall events occur. The 
water collected in the retention pond either evaporates, infiltrates, 
or is used as process water on site. Twenty seven percent of the 
designated samplers in Major SIC Group 32 indicated that there was a 
pond on their site which was used as a storm water management measure.
4. Special Conditions
    a. Prohibition of Non-storm Water Discharges. The prohibited non-
storm water discharges under this section are the same as those 
described under section V1.B.2 of this fact sheet with one exception. 
Part XI.E.2. of today's permit clarifies that the discharges of 
pavement washwaters from facilities covered under Part XI.E. of the 
permit are authorized under this section after the accumulated fly ash, 
cement, aggregate, kiln dust, clay, concrete or other dry significant 
materials handled at the facility have been removed from the pavement 
by sweeping, vacuuming, combination thereof or other equivalent 
measures, or the washwaters are conveyed into a BMP designed to remove 
solids prior to discharge, such as sediments basins, retention basins, 
and other equivalent measures. Where practicable pavement washwater 
shall be directed to process wastewater treatment or recycling systems. 
The clarification is made for this sector because EPA believes that a 
primary source of pollutants in the storm water discharges from 
facilities covered under this sector are spilled materials or settled 
dust from material handling processes. A primary focus of the pollution 
prevention plan requirements for these industries are good housekeeping 
measures, in particular, sweeping the paved portions of the site 
surrounding the material handling areas. Washing the paved areas 
without first sweeping or otherwise removing the accumulated solids may 
result in the discharge of these pollutants in the washwater unless the 
washwater is contained onsite or otherwise collected without discharge.
5. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan.
    (1) Description of Potential Pollutant Sources. All facilities 
covered by today's permit must prepare a description of the potential 
pollutant sources at the facility which complies with the common 
requirements described in Part VI.C.2. of this fact sheet. In addition 
to these requirements, facilities covered by this section must provide 
the following additional information in their pollution prevention 
plan.
    Facilities covered under Part XI.E. of today's permit must identify 
on the site map the location of any: bag house or other air pollution 
control device; any sedimentation or process waste water recycling pond 
and the areas which drain to the pond. The location of the bag house or 
air pollution control equipment is required because this equipment 
stores the particulates or dust that are removed from the air in and 
around the material handling equipment. There is a potential that the 
collected dust or particulates could come into contact with storm 
water. Therefore the site map must indicate the location of this 
potential source. The site map for the facility must clearly indicate 
the portion of the facility which drains to sedimentation or recycle 
ponds that receive process wastewater. This information is necessary to 
illustrate the portion of the site where runoff is already controlled. 
The site map must also indicate the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls (e.g. storm 
water and air conditioner condensate). 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. 
The site map for these facilities must also indicate the portion of the 
site where regular sweeping or other equivalent good housekeeping 
measures will be implemented to prevent the accumulation of spilled 
materials or settled dust.
    (2) Measures and Controls. Part VI.C.3. of today's fact sheet 
describes a number of measures and controls which are effective in 
controlling the discharge of pollutants in storm water discharged from 
a number of types of industrial activities including those facilities 
in Major SIC Group 32. The following section describes BMPs which EPA 
believes are particularly effective in controlling the pollutants 
discharged from glass, clay, cement, concrete or gypsum manufacturing 
facilities. Facilities covered under Part XI.E. are required to 
consider each of these BMPs or its equivalent in their pollution 
prevention plan.
    (a) Good Housekeeping--Today's permit requires that the pollution 
prevention plans for facilities covered under this section must 
specifically address measures to minimize the discharge of spilled 
cement, sand, kiln dust, fly ash, settled dust or other significant 
materials in storm water from paved portions of the site that are 
exposed to storm water. Measures used to minimize the presence of these 
materials may include regular sweeping, or other equivalent measures. 
The plan shall indicate the frequency of sweeping or other measures. 
The frequency shall be determined based upon consideration of the 
amount of industrial activity occurring in the area and frequency of 
precipitation. This requirement is established in an effort to minimize 
the discharge of solids from these types of facilities. Sweeping to 
prevent the discharge of solids must be considered in the pollution 
prevention plan because it is a cost effective measure well suited to 
the dry, granular, and powder-like materials used at the facilities 
covered under this section.
    This section also requires that facilities minimize the exposure of 
fine solids such as cement, fly ash, baghouse dust, and kiln dust to 
storm water. The pollution prevention plan shall consider storing these 
materials in enclosed silos, hoppers, or other containers, in 
buildings, or in covered areas of the facility. Fine solids are a 
particular concern because the small particles are readily suspended by 
storm water and carried off of the site.
    (b) Preventative Maintenance--There are no additional preventative 
maintenance requirements beyond these described in Part VI.C.3 of this 
fact sheet.
    (c) Spill Prevention and Response--There are no additional spill 
prevention and response requirements for facilities in the glass, clay, 
cement, concrete or gypsum products industries beyond those described 
in Part VI.C.3.c. of this fact sheet.
    (d) Inspections--Facilities in the glass, clay, cement, concrete, 
and gypsum products industries are required to conduct self inspections 
at a frequency which they determine to be adequate to ensure proper 
implementation of their pollution prevention plan, but not less 
frequently than once per month. Monthly inspections are necessary for 
the facility to be able to assess the effectiveness of 

[[Page 50874]]
the pollution prevention plan. Less frequent inspections may allow 
facilities to delay inspections until after periods of high activity 
when the greatest potential for exposure of materials occurs. This 
section requires that the inspections take place while the facility is 
in operation because this is the only time when potential pollutant 
sources (such as malfunctioning dust control equipment or non-storm 
water discharges from equipment washing operations) may be evident. The 
inspectors must observe several portions of the site which EPA believes 
are potential sources of pollutants in storm water including: material 
handling areas, above ground storage tanks, hoppers or silos, dust 
collection/containment systems, vehicle washing, and equipment cleaning 
areas.
    (e) Employee Training--In addition to the requirements described in 
Part VI.C.3.e. of this fact sheet, the pollution prevention plan 
training requirements for facilities in the glass, clay, cement, 
concrete, and gypsum industries require that the employee training 
program address procedures for equipment and vehicle washing. This is 
because these are common activities in these industries which result in 
process wastewater which may be discharged into the storm water 
conveyance system. Training programs should focus on where and how 
equipment should be cleaned at the facility so that there will be no 
unpermitted discharge of wash water to the storm water conveyance 
system. 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--There are no 
additional recordkeeping and internal reporting procedure requirements 
for facilities in the stone, clay, glass or concrete products 
industries beyond than those described in Part VI.C.3.f. of this fact 
sheet.
    (g) Non-storm Water Discharges--There are no additional non-storm 
water discharge certification requirements for facilities in the stone, 
clay, glass or concrete products industries beyond those described in 
Part VI.C.2.d. of this fact sheet with the exception of facilities 
engaged in production of concrete products. These facilities must 
include in the certification a description of measures which insure 
that process wastewater which results from washing of trucks, mixers, 
transport buckets, forms or other equipment are discharged in 
accordance with NPDES requirements or are recycled. These nonprocess 
wastewater discharges are common to this industry. However, these 
discharges are not eligible for coverage under this section and it is 
necessary to assess the facility for the presence of these discharges 
so that steps may be taken to eliminate the discharges or to cover the 
process discharges with a separate permit.
    A number of facilities in the concrete products industry maintain 
wash water recycle/retention ponds which receive the process wastewater 
from equipment cleaning and other operations. These ponds may also 
receive a portion or all of the runoff from the industrial site. These 
facilities are required to provide an estimate of the depth of the 24-
hour duration storm event that would be required to cause the recycle/
retention pond to overflow and discharge to the waters of the United 
States. Methods to make this estimate can include, but are not limited 
to, the original design calculations for the recycle/retention pond or 
historical observation.
    (h) Sediment and Erosion Control--There are no additional sediment 
and erosion control requirements for facilities in the stone, clay, 
glass, or concrete products industries beyond those described in Part 
VI.C.3.g. of this fact sheet.
    (i) Management of Runoff--There are no additional requirements for 
management of runoff at facilities in the stone, clay, glass, or 
concrete products industries beyond than those described in Part 
VI.C.3.h. of this fact sheet.
    (3) Comprehensive Site Compliance Evaluation. Facilities in the 
glass, clay, cement, concrete, and gypsum product sector must perform 
an annual site compliance evaluation as described in Part VI.C.4. of 
this fact sheet. For facilities in the concrete product manufacturing 
industries, the evaluation must specifically address the following 
portions of the site: above ground storage tanks, hoppers or silos; 
dust collection/containment systems; truck wash down; and equipment 
cleaning areas. Because these areas are the most likely sources of 
pollutants, these portions of the site must be thoroughly evaluated.
6. Numeric Effluent Limitations
    Part XI.E.4. of today's permit establishes numeric effluent 
limitations for storm water discharges from storage areas for materials 
used or produced at cement manufacturing facilities. Discharges from 
these areas may not exceed a maximum TSS concentration of 50 mg/L. The 
pH of the discharges from these areas must be within the range of 6.0 
to 9.0. Untreated discharges from the facility which are a result of a 
storm with a rainfall depth greater than the 10-year, 24-hour storm 
event are not subject to this limitation. These effluent limitations 
are in accordance with 40 CFR 411.32 and 40 CFR 411.37. Effluent 
Guidelines and Standards, Cement Manufacturing Point Source Category, 
Materials Storage Piles Runoff Subcategory. These limitations represent 
the degree of effluent reduction attainable by the application of best 
practicable control technology and best conventional pollutant control 
technology. Dischargers subject to these numeric effluent limitations 
must be in compliance with the limits upon commencement of and for the 
entire term of this permit. Discharges that are associated with 
industrial activities that do not contain runoff from material storage 
areas at cement manufacturing facilities are not subject to the 
effluent limitation described above.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that glass, 
clay, cement, concrete, and gypsum product manufacturing may reduce the 
level of pollutants in storm water runoff from their sites through the 
development and proper implementation of the storm water pollution 
prevention plan requirements discussed in today's permit. In order to 
provide a tool for evaluating the effectiveness of the pollution 
prevention plan, requires two of the four subsectors within the glass, 
clay, cement, concrete and gypsum product manufacturing sector to 
perform analytical monitoring.
    The clay product subsector includes brick and structural clay tile 
manufacturers (SIC 3251), ceramic wall and floor tile manufacturers 
(SIC 3253), clay refractories (SIC 3255), manufacturers of structural 
clay products, not elsewhere classified (SIC 3259), manufacturers of 
vitreous china table and kitchen articles (SIC 3232), manufacturers of 
fine earthenware table and kitchen articles (SIC 3263), manufacturers 
of porcelain electrical supplies (SIC 3264), pottery products (SIC 
3269) and non-clay refractories (3297). Data submitted by group 
applicants within this subsector show that a significant portion of the 
facilities discharge aluminum concentrations higher than bench mark 
values. Therefore facilities with these industrial activities must 
monitor for the pollutant identified in Table E-7.
    The concrete and gypsum subsector includes concrete block and brick 
manufacturers (SIC 3271), concrete 

[[Page 50875]]
products manufacturers (SIC 3272), ready mix concrete manufacturers 
(SIC 3273), gypsum product manufacturers (SIC 3275) and manufacturers 
of mineral and earth products (SIC 3295). Data submitted by group 
applicants within this subsector show that a significant portion of the 
facilities discharge total suspended solids and iron in concentrations 
higher than bench mark values. Therefore facilities with these 
industrial activities must monitor for pollutants identified in Table 
E-8.
    The glass product subsector includes flat glass manufacturers (SIC 
3211), glass container manufacturers (SIC 3221), pressed and blown 
glass and glassware manufacturer (SIC 3229), and manufacturers of glass 
products made of purchased glass (SIC 3231). Monitoring data submitted 
by facilities within this subsector do not indicate that these 
facilities are likely to discharge storm water with pollutant 
concentrations greater than the bench marks. Therefore, this sector is 
not subject to analytical monitoring requirements under this permit.
    The cement manufacturing subsector includes manufacturers of 
hydraulic cement (SIC 3241). This subsector is not subject to the 
analytical monitoring requirements under Section XI.E.5.a this permit. 
However, because these facilities are subject to numerical effluent 
limitations they are subject to compliance monitoring described in 
section XI.E.5.d of the permit.
    At a minimum, storm water discharges from clay and gypsum, and 
concrete product manufacturing must be monitored quarterly (January 
through March, April through June, July through September and October 
through December) during the second year of permit coverage. At the end 
of the second year of permit coverage, a facility must calculate the 
average concentration for each parameter listed in Tables E-7 and E-8. 
If the permittee collects more than four samples in this period, then 
they must calculate an average concentration for all parameters 
analyzed, not simply a minimum of four selected analysis.

        Table E-7.--Clay Product Industry Monitoring Requirements       
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
------------------------------------------------------------------------
Total Recoverable Aluminum...............................  0.75 mg/L.   
------------------------------------------------------------------------


Table E-8.--Concrete and Gypsum Product Industry Monitoring Requirements
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
------------------------------------------------------------------------
Total Suspended Solids (TSS).............................  100 mg/L.    
Total Recoverable Iron...................................  1.0 mg/L.    
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Tables E-7 or E-8, then the permittee is not 
required to conduct quantitative analysis for that parameter during the 
fourth year of the permit. If, however, the average concentration for a 
parameter is greater than the cut-off concentration listed in Tables E-
7 or E-8, then the permittee is required to conduct quarterly (in the 
same quarterly periods listed above) monitoring for that parameter 
during the fourth year of permit coverage. Monitoring is not required 
during the first, third, and fifth year of the permit. The exclusion 
from monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit.

                                       Table E-9.--Schedule of Monitoring                                       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
2nd Year of Permit Coverage.............   Conduct quarterly monitoring.                                
                                           Calculate the average concentration for all parameters       
                                           analyzed during this period.                                         
                                           If average concentration is greater than the value listed in 
                                           Table E-7 or E-8, then quarterly sampling is required during the     
                                           fourth year of the permit.                                           
                                           If average concentration is less than or equal to the value  
                                           listed in Table E-7 or E-8, then no further sampling is required for 
                                           that parameter.                                                      
4th Year of Permit Coverage.............   Conduct quarterly monitoring for any parameter where the     
                                           average concentration in year 2 of the permit is greater than the    
                                           value listed in Table E-7 or E-8.                                    
                                           If industrial activities or the pollution prevention plan    
                                           have been altered such that storm water discharges may be adversely  
                                           affected, quarterly monitoring is required for all parameters of     
                                           concern.                                                             
----------------------------------------------------------------------------------------------------------------

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, there are 
monitoring requirements for facilities which the Agency believes have 
the potential for contributing significant levels of pollutants to 
storm water discharges. The alternative described below is necessary to 
ensure that monitoring requirements are only imposed on those 
facilities that do, in fact, have storm water discharges containing 
pollutants at concentrations of concern. EPA has determined that if 
materials and activities are not exposed to storm water at the site, 
then the potential for pollutants to contaminate storm water discharges 
does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis, in lieu of 
sampling required under Part XI E.5 of today's permit, that material 
handling equipment or activities, raw materials, intermediate products, 
final products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity that 
are located in areas of the facility that are within the drainage area 
of the outfall are not presently exposed to storm water and will not be 
exposed to storm water for the certification period. Such certification 
must be retained in the storm water pollution prevention plan and 
submitted to EPA in lieu of monitoring reports required under Part XI 
E.5.b. The permittee is required to 

[[Page 50876]]
complete any and all sampling until the exposure is eliminated. If the 
facility is reporting for a partial year, the permittee must specify 
the exposure was eliminated. If the permittee is certifying that a 
pollutant was present for part of the reporting period, nothing 
relieves the permittee from the responsibility to sample that parameter 
up until the exposure was eliminated and it was determined that no 
significant materials remained.
    This certification is not to be confused with the low concentration 
sampling waiver. The test for the application of this certification is 
whether the pollutant is exposed, or can be expected to be present in 
the storm water discharge. If the facility does not and has not used a 
parameter, or if exposure is eliminated and no significant materials 
remain, then the facility can exercise this certification. In the case 
of certifying that a pollutant is not present, the permittee must 
submit the certification along with the monitoring reports required 
under paragraph (b) below. If the permittee cannot certify for an 
entire period, they must submit the date exposure was eliminated and 
any monitoring required up until that date. This certification option 
is not applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
per storm event sampled. For facilities conducting monitoring beyond 
the minimum quarterly requirements an additional Discharge Monitoring 
Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)) shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required. Note that this requirement applies to all facilities and not 
just those subject to the analytical monitoring requirements under Part 
VI.E.7. of this fact sheet. The examination must be of a grab sample 
collected from each storm water outfall. The examination of storm water 
grab samples shall include any observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, or 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on these samples.
    The examination must be made at least once every 3 months (January 
through March, April through June, July through September, and October 
through December) during permit coverage. Examinations shall be made 
during daylight unless there is insufficient rainfall or snow-melt to 
produce runoff. Whenever practicable, the same individual should carry 
out the collection and examination of discharges throughout the life of 
the permit to ensure the greatest degree of consistency possible. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 60 minutes) of when the 
runoff begins discharging. Reports of the visual examination include: 
the examination date and time, examination personnel, visual quality of 
the storm water discharge, and probable sources of any observed storm 
water contamination. The visual examination reports must be maintained 
onsite with the pollution prevention plan.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examination. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the monitoring period as a result of adverse climatic conditions, the 
discharger must document the reason for not performing the visual 
examination. Adverse weather conditions which may prohibit the 
collection of samples include weather conditions that create dangerous 
conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination. 

[[Page 50877]]

    g. Compliance Monitoring Requirements. Today's permit requires 
permittees with discharges of runoff from material storage at cement 
manufacturing facilities to monitor for the presence of TSS and pH. 
These monitoring requirements are necessary to evaluate compliance with 
the numeric effluent limitation established for these discharges. 
Monitoring shall be performed upon a minimum of one grab sample. All 
samples shall be collected from the discharge resulting from a storm 
event that is greater than 0.1 inches in magnitude and that occurs at 
least 72 hours from the previously measurable (greater than 0.1 inch 
rainfall) storm event. The grab sample shall be taken during the first 
30 minutes of the discharge. If the collection of a grab sample during 
the first 30 minutes is impracticable, a grab sample can be taken 
during the first hour of the discharge, and the discharger shall submit 
with the monitoring report a description of why a grab sample during 
the first 30 minutes was impracticable. Monitoring results shall be 
submitted on Discharge Monitoring Report Form(s) postmarked no later 
than the 31st day of the month following collection of the sample. 
Facilities which discharge through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must also submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system. Alternative 
Certification provisions described in Section VI.E.5 do not apply to 
facilities subject to compliance monitoring requirements in this 
section. Compliance monitoring is required at least annually for 
discharges subject to effluent limitations. Therefore, EPA cannot 
permit a facility to waive compliance monitoring.

F. Storm Water Discharges Associated With Industrial Activity From 
Primary Metals Facilities

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), the U.S. Environmental 
Protection Agency (EPA) promulgated the regulatory definition of 
``storm water discharges associated with industrial activity.'' This 
definition included point source discharges of storm water from 11 
categories of industrial facilities. This section of today's permit 
includes storm water discharges associated with industrial activity 
from primary metals facilities. These facilities are commonly 
identified by Standard Industrial Classification (SIC) code 33. The SIC 
codes eligible for coverage under this section of today's permit 
include the following:
    a. Steel works, blast furnaces, and rolling and finishing mills, 
including: steel wiredrawing and steel nails and spikes; cold-rolled 
steel sheet, strip, and bars; and steel pipes and tubes (SIC 331).
    b. Iron and steel foundries, including: gray and ductile iron, 
malleable iron, steel investment, and steel foundries, not elsewhere 
classified (SIC 332).
    c. Primary smelting and refining of nonferrous metals, including: 
primary smelting and refining of copper and primary production of 
aluminum (SIC 333).
    d. Secondary smelting and refining of nonferrous metals (SIC 334).
    e. Rolling, drawing, and extruding of nonferrous metals, including: 
rolling, drawing, and extruding of copper; aluminum extruded products; 
rolling, drawing, and extruding of nonferrous metals, except copper and 
aluminum; and drawing and insulating of nonferrous wire (SIC 335).
    f. Nonferrous foundries (castings), including: aluminum die-
castings, nonferrous die-castings, except aluminum, aluminum foundries, 
copper foundries, and nonferrous foundries, except copper and aluminum 
(SIC 336).
    g. Miscellaneous primary metal products, not elsewhere classified, 
including metal heat treating (SIC 339).
    Group applications were received from facilities representing each 
of the categories of industry eligible for coverage under this section. 
A large number of group applications also included facilities 
identified by other SIC codes. These facilities may be covered in 
whole, or in part, by other sections of today's permit. In other cases, 
SIC codes may have been assigned improperly. The special conditions 
reflected in this section of today's permit relate to specific 
operations taking place at a facility. These operations should be used 
as the basis for determining permit requirements appropriate for that 
particular facility.
    Although there are many activities common to some or all of the 
facilities covered by this section, some of the operations discussed 
are unique to a particular industry group. Due to the broad range of 
activities conducted by facilities in this category, it would be 
impossible to identify all activities occurring at facilities covered 
by this section. This fact sheet attempts to describe the major 
activities representative of many of the facilities addressed by this 
section and provides examples of concerns associated with storm water 
discharges from primary metals facilities. All materials present and 
industrial activities taking place at a facility that have a potential 
impact on storm water discharges must be addressed by the facility's 
pollution prevention plan, whether or not the material or activity is 
specifically addressed by this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Industry Profile
    Facilities in the primary metals industry conduct a wide range of 
activities. The SIC manual lists seven industry groups (three-digit SIC 
codes), and 27 industry numbers (four-digit SIC codes) within the 
sector. Of these, facilities representing 21 four-digit SIC codes 
submitted group applications.
    Due to the large number of alternate processes available for many 
activities conducted within the primary metals industry it is very 
difficult to characterize ``typical'' facilities. Facilities within the 
same industry can employ quite dissimilar processes to arrive at a 
similar product. Differences can be found in the types of raw 
materials, furnaces or ovens, casting processes, the degree of 
mechanization, and any finishing operations which may be employed by a 
particular facility. Considerable differences can also be seen between 
facilities based on their customers needs. Some facilities may operate 
as a job shop, providing finished parts to other companies. Other 
facilities could conduct more limited operations and pass the product 
on to other facilities that provide finishing operations exclusively.
    These differences in specific processes, as well as in the general 
scale and scope of individual operations can make facilities with the 
same or similar SIC codes quite different. Due to the difficulty in 
subdividing the industry into distinct facility types, the following 

[[Page 50878]]
discussion briefly describes the full range of activities potentially 
employed by members of this industry. Despite the substantial diversity 
within the industry group, there are a number of general operations 
which characterize the majority of industrial processes.
    Facilities in the primary metals industry are typically involved in 
one or more of the following general operations: raw material storage 
and handling; furnace and oven related processes; preparation of molds, 
casts, or dies; metal cleaning, treating and finishing; and waste 
handling and disposal.
    a. Raw Material Storage and Handling Activities. Due to the nature 
of the primary metals industry, large quantities of raw materials are 
required for many operations. The extent to which these materials are 
stored outside exposed to precipitation will depend on the specific 
operations taking place at a facility, the size of the operation, as 
well as the storage space available that is covered. Some of the most 
common materials used are metals, fuels, fluxes, refractories, sand, 
and an assortment of solvents, acids, and other chemicals.
    The primary raw material for all facilities in the industry is the 
source of metal to be used or processed. For steel works, smelters, and 
blast furnaces, the raw material could be metallic ores, scrap, dross, 
or foundry returns. Foundries may use scrap materials, borings, 
turnings, metal ingots, pigs or a mixture of these and other materials. 
Rolling mills, heat treaters, and metal finishing operations will 
generally use billets, slabs, blooms, bars, pigs or other cast metal 
pieces as their primary raw material. These may be produced at another 
part of the same facility, or purchased from another source. Some of 
these materials may arrive with protective or incidental coatings of 
oil, oxides, or other impurities. Due to the large size and volume of 
some of these materials they may be stored outside.
    Energy sources for facilities within the industry are also quite 
varied. While steel mills with coking operations may use coal as the 
fuel for firing coke ovens, coal would also be the raw material that 
would be converted to coke. Some iron and steel foundries or mini-mills 
may use coke as a fuel only, or may use electric arc furnaces for 
melting. Smaller foundries (ferrous or nonferrous) may use gas-fired or 
electric induction furnaces.
    A variety of fluxes are often added to the molten metal to allow 
impurities to be removed as slag or dross. In the iron and steel 
industry, limestone is probably the most common flux used. Others 
include dolomite, soda ash, fluorspar, and calcium carbide. Nonferrous 
operations may use other fluxing agents or none at all.
    During the melting process, refractories are used to line and 
protect the furnaces. These refractories have limited lives and must be 
replaced periodically. The life of the refractory will depend on the 
type of furnace as well as the material being melted. Some large 
furnaces require almost constant patching of the refractory materials 
and thus large quantities may be stored for future use.
    Another common material used in casting operations is sand. Many 
foundries will use sands of different types to produce the molds and 
cores for the production of castings. Although some facilities are able 
to recycle their sand, others must dispose of some or all of the used 
sand and thus require large amounts of fresh sand as a raw material. 
There are also a large number of sand additives and binders which may 
be used to control the properties of the mold produced. ``Wet'' sand 
may contain clay, seacoal, bentonite, wood flour, phenol, iron oxide, 
and numerous other acids and chemicals, some of which may be toxic.
    Other processes related to finishing operations can require a wide 
variety of solvents, chemicals, and acids. Many facilities involved in 
cleaning, treating, painting, or other finishing operations may store 
these products in tanks or drums which may be exposed to precipitation.
    b. Furnace, Rolling, and Finishing Operations. The majority of 
processes within the primary metals industry are conducted inside. 
These activities include all types of furnace operations, rolling 
operations, as well as all kinds of metal finishing activities. Many of 
these operations, however, generate significant quantities of 
particulate matter which, if not properly controlled, can result in 
exposure to precipitation.
    There are many different types of furnaces. Each has advantages and 
limitations and are used for different types of metals. Facilities may 
use coal, coke, or gas fired furnaces as well as electric arc or 
induction furnaces.
    Coke ovens, or batteries, generally use coal fired furnaces to heat 
coal in the absence of oxygen to drive off volatiles. The resultant 
product is coke which is subsequently used in other furnace operations. 
Blast furnaces are usually operated on a continuous basis with coke, 
iron ore, and fluxes charged at the top of a vertical shaft while 
molten pig iron and slag are tapped at different levels below.
    Sintering plants burn coke breeze (particles too small to use for 
charging in cupola or blast furnaces) mixed with iron ore, flue dust, 
or other products to fuse them into materials that can then be charged 
with regular coke in a furnace. Cupola furnaces are used by ferrous 
foundries and operate in essentially the same manner as blast furnaces, 
allowing a range of scrap steel and iron to be charged with coke and 
fluxes at the top of the furnace.
    Basic oxygen process furnaces use a mixture of molten iron and 
scrap as the charge. High-purity oxygen is injected into the furnace 
where it combines with impurities in the charge materials and provides 
heat to melt the charge of scrap.
    There are two types of electric furnaces in use. Electric arc 
furnaces operate in a batch fashion and are often used by steel mini-
mills. Scrap metal is placed in the furnace along with three electrodes 
which provide the energy to melt the charge. Electric induction 
furnaces are generally smaller than other types described above and 
require that cleaner metals be used.
    Gas-fired furnaces are often used by nonferrous foundries. They are 
generally small and require relatively clean metals for melting.
    One trait that all types of furnaces share is the generation of 
significant emissions, including particulate emissions. Blast furnaces, 
sintering plants, and cupola furnaces, all fired by coke, have 
particularly high particulate emissions. These furnaces are capable of 
handling a relatively ``dirty'' charge, with significant impurities 
which can lead to a variety of emissions problems. For these reasons, 
these types of furnaces will have emissions controls such as baghouses, 
wet scrubbers, or electrostatic precipitators. Electric arc furnaces 
are also able to melt fairly ``dirty'' scrap and can also have 
significant levels of particulate emissions.
    At the other end of the spectrum are smaller electric induction and 
gas fired furnaces which generally require a very clean charge. 
Although this reduces the volume of emissions concerns significantly, 
they are also less likely to have as extensive pollution control and 
thus fugitive emissions of particulates may be significant.
    The effectiveness of emissions control equipment in controlling 
particulate generation will depend on the furnace operation, the raw 
materials used, the type of control equipment in place, and the degree 
to which it is operating properly. Fugitive emissions, faulty or 
improperly maintained equipment, and ``dirty'' raw materials can all 
contribute to particulate emissions that may not be captured by 
pollution control 

[[Page 50879]]
equipment, and may be exposed to precipitation.
    Another category of operations are rolling, drawing, and extruding 
operations. Facilities involved in these operations will often use 
furnaces similar to those described above. The metal will often be 
heated, and then passed through a series of rollers which alter its' 
dimensions, making it longer, flatter, etc. This process generally 
involves large amounts of contact cooling water which can contain high 
levels of suspended solids and oil and grease.
    c. Preparation of Molds, Pouring, Cooling, and Shakeout. Foundry 
operations and die-casters will generally prepare the molds, casts, or 
dies that will determine the ultimate shape of the product to be 
produced. There are a number of possible operations with significant 
differences between them. These include sand casting, investment 
casing, and die casting.
    Sand casting operations involve a number of possible steps and a 
range of materials. Casts are shaped in two sections which form the 
outside of the part to be produced. Cores can also be used to form 
inner surfaces of the parts. A variety of sands may be used and can be 
combined with clay and a number of other additives to give the mold the 
desired properties. Once the casting has cooled, it is placed on a 
vibrating screen which shakes loose the majority of the sand. The 
casting is then ready for cleaning and finishing operations. At some 
facilities the used sand may be recycled or some or all of the sand may 
need to be disposed of and replaced.
    Investment casting involves the formation of a wax replica of the 
part to be produced, usually in a metal die. A series of wax parts may 
be attached to a ``tree.'' Once a tree is completed, it is coated with 
a ceramic cast in a series of dipping operations. The wax may then be 
removed from the cast in a furnace or the metal can be poured in 
directly. As in sand casting, the casting is allowed to cool before the 
cast is removed. A separate wax form and ceramic shell must be made for 
each part to be produced.
    Die-castings employ a more direct route from molten metal to 
finished part. A metal die is produced and molten metal in injected 
under pressure into it. Once it has cooled, the casting is removed and 
is ready for finishing operations. Unlike sand casting or investment 
casting, the die can be used over and over to produce more parts.
    Like most foundry operations, molds are generally prepared indoors. 
There are, however, particulate emissions associated with the pouring 
and cooling of molten metal.
    d. Metal Cleaning, Treating, and Finishing. Almost all operations 
in the primary metals industry result in metal products which require 
some degree of finishing. The type of finishing activities undertaken 
depend on the material being treated, as well as the properties desired 
in the final part and can include both mechanical and chemical 
operations.
    Castings generally come out of their molds with metal sprues and 
other imperfections which must be removed. This can be done through 
grinding, cutting, or blasting with sand, shot, or grit. Other possible 
operations include drilling, threading, or dimensioning. A combination 
of these operations is often necessary.
    Some facilities such as rolling mills will use a descaling process 
to remove oxides and other residues which can form on the surfaces of 
metallic products. Typical operations include blasting with water or 
sand. This produces large quantities of scale and other particulate 
matter which may contain other residual products such as oil.
    Heat treating is another operation which can involve furnaces for 
controlled heating and cooling of large quantities of metal. A variety 
of media may be used to cool metals at different rates. Oil, water, and 
liquid salt baths may all be used depending on the properties desired 
in the finished product. Acid pickling may be used to remove unwanted 
material from the surface of metal. Other cleaning and finishing 
operations may involve a wide range of solvents, acids, or other 
chemicals. All of these processes can generate toxic wastes in the form 
of sludges, particulates, or spent baths. In addition, residuals from 
these operations left on the metal surface may become exposed to storm 
water if materials are transported or stored outside.
    e. Waste Handling and Disposal. Wastes are generated from numerous 
sources within the primary metals industry. Some types of waste are 
found at a majority of facilities while others may be specific to a 
particular activity. Some of the common waste products include used 
sand, cores, butts, refractory rubble, machining and finishing wastes, 
slag, dross, and collected particulates such as baghouse dust.
    Sand casting operations which are not able to fully recycle their 
sand may generate large volumes of waste or ``burnt'' sand. ``Wet'' 
sands may contain any one of a number of additives, depending on the 
specific type of casting being produced. Other related wastes include 
the cores and butts used in the sand casing process.
    Most casting operations will produce a product which requires some 
degree of machining and finishing. The wastes produced will depend 
mainly on the material being finished and whether a mechanical or 
chemical process is used. Machining waste can include fines, turnings, 
or cuttings as well as shot, grit, and scale from blasting operations. 
Chemical finishing can result in waste solvents, acids, and pickling 
sludges and baths which contain metal wastes.
    The metal melting process results in the production of slag from 
ferrous, or dross from nonferrous materials. The content and volume of 
these wastes produced will vary depending on the charge material, and 
any fluxing agents or additives that may be used. In general, slag is 
produced in greater quantities and will be more likely to be stored 
outside, however there is the possibility of exposure of both types of 
waste to precipitation.
    Particulate matter generated in furnaces and during machining is 
another source of waste with significant potential for storm water 
contamination. These waste streams may be segregated at larger 
facilities or combined, but the concerns are essentially the same. The 
dusts are collected in baghouses, electrostatic precipitators, wet 
scrubbers, or in cyclones and disposed of. If the pollution control 
equipment is inadequate, or not operating effectively, there is 
potential for storm water contamination from these types of waste.
3. Pollutants Found in Storm Water Discharges
    Impacts caused by storm water discharges from primary metals 
facilities will vary. A number of factors will influence to what extent 
the activities at a particular facility will affect water quality. 
These include: geographic location, hydrogeology, the amounts and types 
of materials stored outside, the types of processes taking place 
outside, the size of the operation, as well as the characteristics of a 
particular storm event. These and other factors will interact to affect 
the quantity and quality of storm water runoff. For example, 
particulate emissions from furnaces or ovens may be a significant 
source of pollutants at some facilities, while outdoor material storage 
such as scrap piles may be a primary source at others. In addition, 
sources of pollution other than storm 

[[Page 50880]]
water, such as illicit connections,\42\ spills, and other improperly 
dumped materials, may contribute significant levels of pollutants into 
waters of the United States.

    \42\ Illicit connections are contributions of unpermitted non-
storm water discharges into storm sewers from any number of sources 
including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings.
---------------------------------------------------------------------------

    A summary of industrial activities conducted by primary metals 
facilities in the group application process is listed in Table F-1. The 
table also lists the sources of pollutants related to the activity and 
what the specific pollutants of concern are. The table is limited to 
those activities which are generally conducted outside, or that have 
potential to contribute pollutants to storm water discharges. Many 
processes in the primary metals industry are conducted inside and are 
therefore not represented in Table F-1.

            Table F-1.--Pollutants of Concern for Major Activities Within the Primary Metals Industry           
----------------------------------------------------------------------------------------------------------------
           Activity                                   Source                                 Pollutants         
----------------------------------------------------------------------------------------------------------------
Raw material storage and        Metal product stored outside such as foundry       Residual or protective Oil   
 handling.                       returns, scrap metal, turnings, fines, ingots,     and Grease, Metals, TSS,    
                                 bars, pigs, wire.                                  COD, TSS.                   
                                Outdoor storage or handling of fluxes............  pH (limestone).              
                                Storage piles, bins, or material handling of coke  TSS, pH, metals.             
                                 or coal.                                                                       
                                Storage or handling of casting sand or refractory  TSS.                         
Vehicle Maintenance...........  Vehicle fueling and maintenance or outdoor         Oil and grease.              
                                 storage tanks and drums of gas, diesel,                                        
                                 kerosene, lubricants, solvents.                                                
Waste materials--handling,      Slag or dross stored or disposed of outside in     Metals, pH.                  
 storage, and disposal.          piles or drums.                                                                
                                Fly ash, particulate emissions, dust collector     TSS.                         
                                 sludges and solids, baghouse waste.                                            
                                Storage and disposal of waste sand or refractory   TSS, metals, misc. ``wet''   
                                 rubble in piles outside.                           sand additives.             
                                Machining waste--fines, turnings, oil, borings,    TSS, metals, oil and grease. 
                                 gates, sprues, scale.                                                          
                                Obsolete equipment stored outside................  Oil and grease.              
                                Landfilling or open pit disposal of wastes onsite  See Part VIII.L.             
Furnace operations and          Losses during charging of coke ovens or sintering  TSS, particulates, metals,   
 pollution control equipment.    plants and from particulate emissions.             volatiles, pH.              
                                Particulate emissions from blast furnaces,         TSS, metals.                 
                                 electric arc furnaces, induction furnaces.                                     
                                Fugitive emissions from poorly maintained or       TSS, metals.                 
                                 malfunctioning baghouses, scrubbers,                                           
                                 electrostatic precipitators, cyclones.                                         
                                Wastewater treatment operations exposed to         See Part VIII.T.             
                                 precipitation.                                                                 
Rolling, casting, and           Exposure of wastewater used for cooling or         Oil and grease, pH, TSS,     
 finishing operations.           descaling related to rolling.                      metals, COD.                
                                Storage of products outside after painting,        pH, solvents, metals.        
                                 pickling, or cleaning operations.                                              
                                Casting cooling or shakeout exposed to             TSS, metals.                 
                                 precipitation or wind.                                                         
                                Losses of particulate matter from machining        Metals, TSS.                 
                                 operations (grinding, drilling, boring, cutting)                               
                                 through deposition or storage of products                                      
                                 outside.                                                                       
Plant yards...................  Areas of the facility with unstabilized soils      TSS.                         
                                 subject to erosion.                                                            
Illicit discharges............  Improper connection of floor, sink, or process     Dependent on source.         
                                 wastewater drains.                                                             
----------------------------------------------------------------------------------------------------------------

    Although operations at primary metals facilities may vary 
considerably, the elements with potential impact on storm water 
discharges are fairly uniform and consistent. Facilities may include 
considerable areas of raw and waste material storage such as coal, 
coke, metal, ores, sand, scale, scrap, and slag. Processes generally 
involve furnaces for heating and melting metals or for producing coke, 
any of which may result in significant particulate emissions. Due to 
the nature of their operations some facilities will have large areas of 
exposed soil and heavy vehicle traffic which can lead to erosion.
    a. Raw Material Storage and Handling Activities. Raw materials with 
potential effects on storm water discharges fall into a number of 
distinct categories.
    Sands used for the production of molds or cores can contribute to 
TSS loadings. Piles of materials may be washed away directly, or spills 
and windblown losses may occur during handling and process related 
activities.
    Metal raw materials can come in numerous forms including billet, 
slab, pig, bar. These materials have the potential to corrode which can 
result in the loss of metal to a solution, i.e., water. The following 
metals are referred to as the galvanic (or electromotive) series and 
have a tendency to corrode and become soluble in water; magnesium, 
aluminum, cadmium, zinc, steel or iron, cast iron, chromium, tin, lead, 
nickel, soft and silver solder, copper, stainless steel, silver, gold, 
platinum, brass and bronze. For some metals, the extent and rate of 
corrosion is dependent on whether it occurs in an oxygen-starved or 
oxygen-abundant atmosphere. If materials are coated in oil to prevent 
corrosion, or residual chemicals used to clean or treat the metal are 
present, these can also be a source of pollution easily picked up by 
storm water runoff.
    Scrap metals come in a variety of forms including machining waste 
such as turnings, shavings, filings, borings or as post consumer waste 
in a variety of forms. These materials can contribute metals, oil and 
grease, suspended solids, and other pollutants to storm water 

[[Page 50881]]
runoff depending on their makeup and origin.
    Runoff related to storage and handling of coal and coke can 
contribute suspended solids, metals, as well as oil and grease to 
runoff. These can be released from piles, hoppers, or bins through 
handling or wind-blown losses. Significant losses can also occur during 
handling with conveyors, trucks, or while preparing charges for the 
furnace or sintering operations.
    Fluxes such as limestone may be stored in piles, bins, or hoppers 
outside or become exposed to precipitation during unloading and 
handling activities. Limestone can increase the pH of storm water. 
Fluxes can also contribute to loadings of suspended solids (TSS) or 
have other effects depending on their makeup.
    A variety of acids and solvents may be stored in drums or tanks for 
use in metal treating and cleaning operations. Leaks and spills from 
tanks and drums or during handling can result in discharges with storm 
water. These materials can affect pH of storm water and may be toxic.
    b. Process Activities. Many processes can contribute pollutants to 
storm water discharges. These can include all types of furnaces, metal 
finishing activities, as well as material handling equipment.
    Furnaces of all types can generate particulate emissions. The 
quantity and character of these emissions can vary greatly depending on 
the type of furnace, the material being melted, the fuel used, and any 
pollution control equipment that may be in place. In general, large 
coke-fired and electric arc furnaces capable of handling fairly dirty 
charge products will have higher emissions, but are also more likely to 
have sophisticated pollution control such as wet scrubbers, baghouses, 
and electrostatic precipitators. Smaller gas fired or electric 
induction furnaces generally require a fairly clean charge and have 
less emissions, but might also have less sophisticated controls. 
Settling of these emissions on roofs and plant yards are very likely to 
be washed away in storm water runoff. These particulates can contain a 
wide range of constituents which can contribute metals and suspended 
solids to discharges.
    Material handling equipment such as conveyors, trucks, and 
forklifts can all contribute drippings of oil and grease as well as 
hydraulic fluids. This equipment may also generate or release 
particulate matter related to the materials being handled. Pallets, 
hoppers, drums, and storage bins may all contain residual materials 
which may become exposed to storm water.
    Metal finishing operations can be divided in two general types. 
Mechanical operations such as grinding, blasting, boring, chipping, 
cutting, and descaling can all produce metal fines, chips, and turnings 
which may contribute metals and suspended solids to discharges. 
Residuals of oil or other materials on the finished goods or waste 
products can also contribute pollutants. Other finishing operations 
include acid pickling, solvent cleaning, and all types of heat treating 
activities. Materials that have been treated or finished may have 
residual chemicals on them such as pickling baths, oil or liquid salt 
quench media, or solvents. Exposure of these materials could contribute 
to pH, metals, or oil and grease in storm water discharges.
    Stationary process equipment may also produce a substantial amount 
of residual particulate material that tends to accumulate on and around 
the equipment. Many materials used for primary metals production are 
conducive to this type of buildup. This will typically occur around 
rotating machinery, moving parts, bearings, conveyors and at the output 
of the equipment, e.g., storage containers. Particulate material that 
accumulates can become a source of contamination if it comes in contact 
with either precipitation or storm water runoff.
    c. Waste Material Storage, Handling, and Disposal. Waste materials 
are generated in large volume from many of the facilities in this 
industry. These wastes can include used sand, cores and butts, 
refractories, slag and dross, baghouse or cyclone dusts, scrubber dusts 
and sludges, machining wastes, and obsolete equipment. There is 
potential for pollution from many of these sources if not properly 
stored, handled, and disposed of.
    Used sands, cores, butts, and refractory rubble are all potential 
sources of TSS. Due to the large volumes potentially generated and 
their generally benign nature, these materials are often stored 
outside. The exposure of these materials to molten metal also presents 
the possibility of contamination with metals which may also get washed 
away with storm water.
    Wastes related to pollution control equipment are particularly 
susceptible to being discharged with storm water if not properly 
controlled. These wastes could originate from baghouses, cyclones, 
electrostatic precipitators or scrubbers. These may be in place to 
control emissions from a large variety of ovens and furnaces, as well 
as mechanical or chemical metal finishing operations. These dusts and 
sludges typically contain an assortment of metals, metal oxides, and 
other particulate matter. The size of particulates that are able to be 
captured will vary from one type of equipment to the next and will 
depend on proper operation and maintenance.
    Machining and finishing waste which is not collected as described 
above may also be generated in significant quantities. This material is 
typically metallic fines and particulate matter but may contain cutting 
oil or other materials as well. If stored outside in piles, drums, 
hoppers, or other containers these materials can contribute metals, 
TSS, or oil to precipitation and storm water runoff.
    d. Erosion and Sediment Loss. Erosion from plant yards is another 
potential source of storm water contamination from primary metals 
facilities. Areas of vehicle traffic related to material handling, 
loading, unloading, material storage areas etc. may all have exposed 
soils with the potential for erosion. These soils can contribute to TSS 
loadings in storm water discharges. Exposed surfaces also limit the 
potential for housekeeping measures such as sweeping, making spills of 
other materials (particulate or liquid) harder to clean up and more 
likely to be washed away with storm water. The large size of many 
primary metals facilities makes this a concern. For example: one group 
application consists of 5 facilities with a total land area of 623 
acres. Of this, approximately 105 acres (16.9 percent) were impervious 
surfaces (buildings, paved areas), leaving 83 percent of the total area 
potentially susceptible to erosion. Vehicle traffic, material handling, 
and storage activities taking place in unstabilized areas can all lead 
to erosion.
    e. Group Application Monitoring Data. Based on the wide variety of 
industrial activities and significant materials at the facilities 
included in this sector, EPA believes it is appropriate to divide the 
primary metals industry into subsectors to properly analyze sampling 
data and determine monitoring requirements. As a result, this sector 
has been divided into the following subsectors: steel works, blast 
furnaces, and mills (SIC 331); iron and steel foundries (SIC 332); 
primary smelting and refining of nonferrous metals (SIC 333); secondary 
smelting and refining of nonferrous metals (SIC 334); nonferrous 
rolling and drawing (SIC 335); nonferrous foundries (SIC 336); and 
miscellaneous primary metals products (SIC 339). Tables F-2, F-3, F-4, 
and F-5 below include data for the eight pollutants that all facilities 
were required to monitor for under Form 2F. 

[[Page 50882]]
The tables also list those parameters that EPA has determined may merit 
further monitoring. Tables are not included for primary smelting and 
refining of nonferrous metals manufacturing facilities; secondary 
smelting and refining of nonferrous metals manufacturing facilities; 
and miscellaneous primary metal products facilities subsectors because 
less than three facilities submitted data for each of these subsectors.

                Table F-2.--Statistics for Selected Pollutants Reported by Steel Works, Blast Furnaces, and Rolling and Finishing Mills Submitting Part II Sampling Data i (mg/L)               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                         No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
                                       facilities    -------------------------------------------------------------------------------------------------------------------------------------------
       Pollutant Sample type       ------------------                                                                                                                                           
                                      Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..............................        9        8       17       15    17.2      16.3        1.0       1.0      60.0      60.0      10.0       9.30     59.3       59.3     119.4     128.2  
COD...............................        9        8       17       15   100.2      74.7       19.0       9.0     340.0     235.0      62.0      55.0     287.9      215.4     514.6     380.6  
Nitrate + Nitrite Nitrogen........        9        8       16       14     2.01      1.41       0.08      0.09     15.30      9.5       0.51      0.40      7.03       4.62     18.5      11.6  
Total Kjeldahl Nitrogen...........        9        8       17       15     1.81      1.32       0.00      0.64      4.30      2.7       1.60      1.10      4.17       2.29      6.15      2.96 
Oil & Grease......................        9      N/A       17      N/A     3.1     N/A          0.0     N/A        16.4     N/A         2.0     N/A         9.9      N/A        18.4     N/A    
pH................................        9      N/A       17      N/A   N/A       N/A          5.4     N/A         9.4     N/A         7.5     N/A         9.5      N/A        10.5     N/A    
Total Phosphorus..................        9        8       17       15     0.51      0.28       0.01      0.02      2.26      0.80      0.42      0.20      2.89       1.08      8.55      2.29 
Total Suspended Solids............        9        8       17       15   173        82          0         0       866       717        66        39      1123        346      4141      1030    
Aluminum..........................        3        3        5        5     3.24      1.9        0.3       0.3       7.9       6         2.8       1.1      15.51       7.1      35.7      15.24 
Zinc..............................        7        6       14       11     1.556     1.208      0         0        16         9.3       0.29      0.37      5.471      5.73     16.48     19.445 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                  Table F-3.--Statistics for Selected Pollutants Reported by Iron and Steel Foundries Submitting Part II Sampling Data i (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of        No. of samples          Mean               Minimum             Maximum             Median           95th percentile       99th percentile  
                                     facilities    ---------------------------------------------------------------------------------------------------------------------------------------------
      Pollutant Sample type      ------------------                                                                                                                                             
                                    Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5...........................       31       30       64       56    35.8      57.6        0.0      0.0     1200.0    2500.0      11.0      10.0      79.8       64.0      176.7      133.2  
COD.............................       32       31       64       57   287.9     118.3        0.0      0.0     3600.0     640.0     108.5      76.0    1046.0      339.1     2731.7      605.9  
Nitrate + Nitrite Nitrogen......       31       30       64       56     0.77      0.86       0.00     0.02       5.90      4.50      0.58      0.62      2.17       3.02       3.84       6.03 
Total Kjeldahl Nitrogen.........       31       30       64       57     3.50      3.18       0.00     0.0       30.00     24.0       2.00      1.81     11.05       9.84      21.84      18.7  
Oil & Grease....................       31      N/A       64      N/A     6.5     N/A          0.0    N/A        140.0     N/A         0.0     N/A        24.1      N/A         69.3      N/A    
pH..............................       31      N/A       65      N/A   N/A       N/A          2.6    N/A         10.3     N/A         7.6     N/A        10.1      N/A         11.4      N/A    
Total Phosphorus................       31       30       65       57     1.79      0.40       0.00     0.00      76.00      4.00      0.28      0.22      3.67       1.65      10.33       3.73 
Total Suspended Solids..........       31       30       65       57   594       228          0        1.0     6300      1200       138       123      2644       1000       8264       2417    
Aluminum........................        4        4       11       11     5.99      5.38       0        0         20        21.4       4.49      3.3      47.24      17.51     141.97      33.1  
Copper..........................       27       26       57       50     7.919     5.155      0        0        210       140         0.08      0.04      6.629      3.362     31.253     15.875
Iron............................        4        3        8        7     9.2      10.1        0.2      0.4       26.3      30.4       8.6       8.1      62         54.5      170.5      134.8  
Pyrene..........................        3        3        4        4      .08      0.02       0        0          0.29      0.07      0.01      0         0.58   .........      2.37   .........
Zinc............................       29       28       62       54    18.35     14.395      0.01     0.047    430       330         0.57      0.46     23.162     14.843     96.353     52.671 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


       Table F-4.--Statistics for Selected Pollutants Reported by Rolling, Drawing, and Extruding of Nonferrous Metals Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                        facilities    ------------------------------------------------------------------------------------------------------------------------------------------
       Pollutant Sample type        ------------------                                                                                                                                          
                                       Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5..............................        8        6       20       10    38.4      32.0       5.5        2.2     150.0     110.0      22.0      18.5    126.4     126.6     252.5      282.8  
COD................................        8        8       20       20   138.9      80.6       0.0        0.0     495.0     230.0      93.5      50.8    480.5     269.3     950.7      503.5  
Nitrate + Nitrite Nitrogen.........        7        7       19       19     1.75      3.71      0.10       0.30      5.61     19.1       1.60      1.80     7.58     11.8      16.76      24.52 
Total Kjeldahl Nitrogen............        8        8       20       20     4.71      6.45      0.34       0.0      30.00     42.0       2.95      1.65    15.68     19.77     32.73      48.67 
Oil & Grease.......................        8      N/A       20      N/A     2.5     N/A         0.0      N/A        20.0     N/A         1.1     N/A        8.2     N/A        15.9      N/A    
pH.................................        8      N/A       20      N/A   N/A       N/A         4.1      N/A         8.0     N/A         6.2     N/A        8.6     N/A         9.9      N/A    
Total Phosphorus...................        8        8       20       20     0.12      0.10      0.00       0.0       0.50      0.30      0.09      0.06     0.38      0.31      0.68       0.56 
Total Suspended Solids.............        8        8       20       20    45        58         0          0       429       310         7         8      182       310       531       1043    
Copper.............................        8        8       20       20     0.931     0.822     0          0         8.8       3.4       0.13      0.14     5.106     6.501    20.38      29.326
                  Zinc.............        8        8       20       20     0.525     0.417     0.021      0.04      2.3       1.9       0.3       0.3      1.806     1.189     3.637      2.085 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                              Table F-5.--Statistics for Selected Pollutants Reported by Nonferrous Foundries (Castings) Submitting Part II Sampling Data i (mg/L)                              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                         No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
                                       facilities    -------------------------------------------------------------------------------------------------------------------------------------------
       Pollutant Sample type       ------------------                                                                                                                                           
                                      Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5.............................       14       14       30       27    14.7      12.8        0.0       3.0      51.0      47.0      10.5       8.0     38.6      29.6       63.1       46.3  
COD...............................       14       14       30       27   125.1      82.8        0.0       7.0    1400.0     510.0      50.5      32.0    390.9     260.1      907.0      535.7  
Nitrate + Nitrite Nitrogen........       13       13       28       25     0.99      0.85       0.00      0.00      3.60      2.08      0.74      0.77     2.80      2.12       4.64       3.32 
Total Kjeldahl Nitrogen...........       13       13       28       25     2.29      2.17       0.15      0.58     22.00      9.70      1.30      1.40     6.34      5.08      12.06       8.19 
Oil & Grease......................       14      N/A       30      N/A     4.2     N/A          0.0     N/A        47.0     N/A         0.5     N/A       16.7     N/A         35.5      N/A    
pH................................       14      N/A       29      N/A   N/A       N/A          2.8     N/A         8.0     N/A         6.5     N/A        8.8     N/A         10.1      N/A    
Total Phosphorus..................       14       14       30       26     0.26      0.13       0.00      0.0       1.50      0.96      0.07      0.05     1.17      0.52       3.26       1.26 
Total Suspended Solids............       14       14       29       26   145       111          0         0      2100      1100        20        37      536       563       1521       1761    
Copper............................       14       14       30       27     0.494     0.672      0         0         4.2       7         0.26      0.2      1.861     2.532      4.122      6.122
Zinc..............................       13       13       28       25     1.435     1.494      0         0         9.36     10.1       0.36      0.5      6.429     5.424     18.489     13.307 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


[[Page 50883]]

    Although there are a wide range of pollutants which may be of 
concern for primary metals facilities, monitoring requirements for 
these facilities have been determined based on industry subgroups which 
exceed benchmarks for certain pollutants. As Tables F-2 through F-5 
illustrate, there are a variety of pollutants which must be addressed 
at primary metals facilities.
4. Options for Controlling Pollutants
    There are five main areas of concern related to primary metals 
facilities. These are raw material storage and handling; waste material 
storage, handling, and disposal; furnace, oven, and related pollution 
control activities; rolling, extruding, casting, and finishing 
operations; plant yards; and illicit connections.
    Table F-6 summarizes the primary sources of pollution in each of 
these categories and potential Best Management Practices (BMPs) 
associated with each.

         Table F-6.--Potential Best Management Practices for Sources Within the Primary Metals Industry         
----------------------------------------------------------------------------------------------------------------
                    Source                                    Potential best management practices               
----------------------------------------------------------------------------------------------------------------
Metal product stored outside such as foundry   Store all wastes indoors or in sealed drums, covered dumpsters,  
 returns, scrap metal, turnings, fines,         etc.                                                            
 ingots, bars, pigs, wire.                                                                                      
                                               Minimize raw material storage through effective inventory        
                                                control.                                                        
                                               Minimize runon from adjacent properties and stabilized areas to  
                                                areas with exposed soil with diversion dikes, berms, curbing,   
                                                concrete pads, etc.                                             
Outdoor storage or handling of fluxes........  Store fluxes in covered hoppers, silos, or indoors and protect   
                                                from wind-blown losses.                                         
                                               Stabilize areas surrounding storage and material handling areas  
                                                and establish schedule for sweeping.                            
Storage piles, bins, or material handling of   Where possible store coke and coal under cover or indoors and    
 coke or coal.                                  protect from wind-blown losses.                                 
                                               Prevent or divert runon from adjacent areas with swales, dikes,  
                                                or curbs.                                                       
                                               Minimize quantities of coke or coal stored onsite through        
                                                implementation of effective inventory control.                  
                                               Trap particulates originating in coke or coal storage or handling
                                                areas with filter fabric fences, gravel outlet protection,      
                                                sediment traps, vegetated swales, buffer strips of vegetation,  
                                                catch-basin filters, retention/detention basins or equivalent.  
Storage or handling of casting sand..........  Store raw sand in silos, covered hoppers, or indoor whenever     
                                                possible.                                                       
                                               Prevent or divert runon from adjacent areas with swales, dikes,  
                                                or curbs.                                                       
                                               Minimize quantities of sand stored onsite through implementation 
                                                of effective inventory control.                                 
                                               Tarp or otherwise cover piles.                                   
                                               Trap particulates originating in coke or coal storage or handling
                                                areas with filter fabric fences, gravel outlet protection,      
                                                sediment traps, vegetated swales, buffer strips of vegetation,  
                                                catch-basin filters, retention/detention basins or equivalent.  
Vehicle fueling and maintenance..............  See Part VIII.P.                                                 
Outdoor storage tanks or drums of gas,         Store tanks and drums inside when possible.                      
 diesel, kerosene, lubricants, solvents.                                                                        
                                               Establish regular inspection of all tanks and drums for leaks,   
                                                spills, corrosion, damage, etc.                                 
                                               Utilize effective inventory control to reduce the volume of      
                                                chemicals stored onsite.                                        
                                               Prevent runon to and runoff from tank and drum storage areas,    
                                                provide adequate containment to hold spills and leaks.          
                                               Prepare and train employees in dealing with spills and leaks     
                                                properly, use dry clean-up methods when possible.               
Slag or dross stored or disposed of outside    Collect waste waters used for granulation of slag--these are not 
 in piles or drums.                             allowed under this section.                                     
                                               Store slag and dross indoors, under cover, or in sealed          
                                                containers.                                                     
                                               Establish regular disposal of slag or dross to minimize          
                                                quantities stored and handled onsite.                           
                                               Minimize runon to slag storage areas with diversion dikes, berms,
                                                curbing, vegetated swales.                                      
                                               Trap particulates originating in slag storage areas with filter  
                                                fabric fences, gravel outlet protection, sediment traps,        
                                                vegetated swales, buffer strips of vegetation, catch-basin      
                                                filters, retention/detention basins or equivalent.              
Fly ash, particulate emissions, dust           Store all dusts and sludges indoors to prevent contact with storm
 collector sludges and solids, baghouse dust.   water or losses due to wind.                                    
                                               Establish regular disposal schedule to minimize quantities of    
                                                pollutants stored and handled onsite.                           
Storage and disposal of waste sand or          Move piles under cover or tarps whenever possible.               
 refractory rubble in piles outside.                                                                            
                                               Establish regular disposal schedule to minimize quantities stored
                                                onsite.                                                         
                                               Stabilize areas of waste product storage and perform regular     
                                                sweeping of area.                                               
Scrap processing activities (shredding etc.).  See Part VIII.N.                                                 
Machining waste stored outside or exposed to   Store all wastes indoors or in sealed drums, covered dumpsters,  
 storm water--fines, turnings, oil, borings,    etc.                                                            
 gates, sprues, scale.                                                                                          
                                               Stabilize areas of waste product storage and perform regular     
                                                sweeping and cleaning of any residues.                          

[[Page 50884]]
                                                                                                                
                                               Consider using booms, oil/water separators, sand filters, etc.   
                                                for outfalls draining areas where oil is potentially present.   
                                               Minimize runon from adjacent properties and stabilized areas to  
                                                areas with exposed soil with diversion dikes, berms, curbing,   
                                                concrete pads, etc.                                             
Obsolete equipment stored outside............  Where possible, dispose of unused equipment properly, or move    
                                                indoors.                                                        
                                               Cover obsolete equipment with a tarp or roof.                    
                                               Consider using booms, oil/water separators, sand filters, etc.   
                                                for outfalls draining areas where oil is potentially present.   
                                               Minimize runoff coming into contact with old equipment through   
                                                berms, curbs, or placement on a concrete pad.                   
Material losses from handling equipment such   Schedule frequent inspections of equipment for spills or leakage 
 as conveyors, trucks, pallets, hoppers, etc.   of fluids, oil, or fuel.                                        
                                               Inspect for collection of particulate matter on and around       
                                                equipment and clean. Where possible cover these areas to prevent
                                                losses to wind and precipitation.                               
                                               Store pallets, hoppers, etc. which have residual materials on    
                                                them under cover, with tarps, or inside.                        
Losses during charging of coke ovens or        Cover any exposed areas related to furnace charging/material     
 sintering plants.                              handling activities.                                            
                                               Stabilize areas around all material handling areas and establish 
                                                regular sweeping.                                               
                                               Route runoff from particulate generating operations to sediment  
                                                traps, vegetated swales, buffer strips of vegetation, catch-    
                                                basin filters, retention/detention basins or equivalent.        
Particulate emissions from blast furnaces,     Establish schedule for inspection and maintenance of all         
 electric arc furnaces, induction furnaces      pollution control equipment--check for any particulate          
 and fugitive emissions from poorly             deposition from leaks, spills, or improper operation of         
 maintained or malfunctioning baghouses,        equipment and remedy.                                           
 scrubbers, electrostatic precipitators,       Route runoff from particulate generating operations to sediment  
 cyclones.                                      traps, vegetated swales, buffer strips of vegetation, catch-    
                                                basin filters, retention/detention basins or equivalent.        
Storage of products outside after painting,    Store all materials inside or under cover whenever possible.     
 pickling, or cleaning operations.             Prevent runon to product storage areas through curbs, berms,     
                                                dikes, etc.                                                     
                                               Consider using booms, oil/water separators, sand filters, etc.   
                                                for outfalls draining areas where oil is potentially present.   
                                               Remove residual chemicals from intermediate or finished products 
                                                before storage or transport outside.                            
Casting cooling or shakeout operations         Perform all pouring, cooling, and shakeout operations indoors in 
 exposed to precipitation or wind.              areas with roof vents to trap fugitive particulate emissions.   
                                               Recycle into process as much casting sand as possible.           
Landfilling or open pit disposal of wastes     See Part VIII.L.                                                 
 onsite.                                                                                                        
Losses of particulate matter from machining    Store all intermediate and finished products inside or under     
 operations (grinding, drilling, boring,        cover.                                                          
 cutting) through deposition or storage of     Consider using booms, oil/water separators, sand filters, etc.   
 products outside.                              for outfalls draining areas where oil is potentially present.   
                                               Clean products of residual materials before storage outside.     
                                               Stabilize storage areas and establish sweeping schedule.         
Areas of the facility with unstabilized soils  Minimize runon from adjacent properties and stabilized areas to  
 subject to erosion.                            areas with exposed soil with diversion dikes, berms, vegetated  
                                                swales, etc.                                                    
                                               Stabilize all high traffic areas including all vehicle entrances,
                                                exits, loading, unloading, and vehicle storage areas.           
                                               Conduct periodic sweeping of all traffic areas.                  
                                               Trap sediment originating in unstabilized areas. Filter fabric   
                                                fences, gravel outlet protection, sediment traps, vegetated     
                                                swales, buffer strips of vegetation, catch-basin filters,       
                                                retention/detention basins or equivalent.                       
                                               Inspect and maintain all BMPs on a regular basis.                
                                               Provide employee training on proper installation and maintenance 
                                                of sediment and erosion controls.                               
Improper connection of floor, sink, or         Inspect and test all floor, sink, and process wastewater drains  
 process wastewater drains.                     for proper connection to sanitary sewer and remove any improper 
                                                connections to storm sewer or waters of the United States.      
----------------------------------------------------------------------------------------------------------------



5. Special Conditions
    The following section identifies special conditions that are 
applicable to permittees applying for coverage under Part XI.F. of 
today's permit.
    a. Prohibition of Non-storm Water Discharges. This section requires 
primary metals facilities to certify that certain non-storm water 
discharges are not occurring at their facilities. A list of common non-
storm water discharges that are not authorized by this section has been 
identified. These discharges are prohibited due to the likelihood these 
discharges will contain substantial pollutant concentrations. This list 
is included in the permit only to add more specificity to the general 
non-storm water prohibition included in Part III.A. of the permit. The 
following non-storm water discharges are not authorized by this 
section: waste discharges to floor drains or sinks connected to the 
facilities storm sewer or storm drainage system; water originating from 
vehicle and equipment washing; steam cleaning wastewater; process 
wastewater; wash-water originating from cleaning plant floor areas or 
material receiving areas; wastewater from wet scrubbers; boiler 
blowdown; contact or noncontact cooling water; discharges originating 
from dust control spray water; 

[[Page 50885]]
discharges originating from the cleaning out of oil/water separators or 
sumps; discharges from bermed areas with a visible oily sheen or other 
visible signs of contamination; discharges resulting from casting 
cleaning or casting quench operations; discharges from slag quench or 
slag rinsing operations; and discharges from wet sand reclamation 
operations.
    This final list of non-storm water discharges does not include 
discharges from oil/water separators and sumps, as was proposed. EPA 
intended to include only discharges originating from the cleaning or 
maintenance of these devices in this list.
    The operators of non-storm water discharges must seek coverage 
under a separate NPDES permit if discharging to either a municipal 
separate storm sewer system or to waters of the United States.
6. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan. All facilities covered by this section 
must identify a pollution prevention team, prepare a description of all 
potential pollutant sources at the facility, and identify measures and 
controls appropriate for the facility. These items must comply with the 
common requirements described in Part VI.C. of this fact sheet. In 
addition to these requirements, facilities covered by Part XI.F. of 
today's permit must provide the following additional information in 
their pollution prevention plan.
    (1) Description of Potential Pollutant Sources. Facilities must 
identify on the site map the location of any and all pollution control 
equipment such as baghouses, wet scrubbers, electrostatic 
precipitators, etc. as well as any uncontrolled stack emissions which 
may be located onsite. The site map must also indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls (e.g. storm water and air conditioner condensate). 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. Due to the hazardous nature of pollutants 
generated in this industry, and the potential for deposition of 
particulate matter from emissions, these emissions can be a significant 
contributor to pollutants at a facility and should be identified.
    (2) Measures and Controls. There are typically five types of 
activity and materials present at facilities in the primary metals 
industry with potential impacts on storm water discharges. These have 
been discussed in today's fact sheet and include: raw materials storage 
and handling; process activities related to furnace operations, 
casting, rolling, and extruding; waste material storage, handling, and 
disposal; erosion from unstabilized plant areas; and illicit 
discharges, spills, and leaks. Each of these areas that is applicable 
to a facility must be identified in the pollution prevention plan and 
evaluated with regard to the BMPs discussed.
    (a) Good Housekeeping--This section requires that facilities 
implement measures to limit the amount of spilled, settled, and leaked 
materials which are washed away by storm water. These materials include 
coal dust or coke breeze, metal fines from finishing operations, 
particulate emissions from furnaces and ovens, as well as dust and dirt 
from plant yards. In paved or other impervious areas sweeping is an 
easy and effective way to reduce these pollutants. Sweeping frequency 
should be determined based on the rates of accumulation of a particular 
material and its potential impact on storm water discharges. Where 
significant particulates are generated in unstabilized areas of the 
plant, other measures may be necessary.
    The large number of particulate generating processes and the makeup 
of these pollutants makes this an especially important aspect of 
pollution prevention at many facilities. Permittees must consider the 
storage of all such products under roof, in silos or covered hoppers, 
or under tarps to minimize exposure of particulates to precipitation 
and wind-blown losses.
    Unstabilized areas at a site which may be related to material 
handling and storage or vehicle and equipment traffic should be 
considered for paving. These areas can build up significant levels of 
particulates from materials and material handling as well as soil and 
dust particles. Paving these areas allow good housekeeping measures to 
be practiced and make spills easier to clean up.
    (b) Source Controls--Permittees must consider preventative measures 
to minimize the exposure of significant materials to storm water. Due 
to the large volumes of materials used in the primary metals industry, 
they are a significant potential source of pollutants in storm water 
discharges. Storage of a wide range of materials outside is common 
among many facilities and measures should be taken to reduce the 
potential for contamination of storm water.
    Measures include moving materials inside, under roof or cover, 
removing waste materials from the premises, and establishing scheduled 
removal of wastes to minimize storage onsite. Other measures to prevent 
runoff from contacting materials include swales, berms, dikes, or curbs 
to divert runoff away from significant materials or processes.
    Source controls offer the most effective way to reduce pollutants 
in storm water discharges and are generally easier to implement than 
treatment measures.
    (c) Preventive Maintenance--Facilities must incorporate into their 
plan the inspection and maintenance of all equipment which could lead 
to releases of pollutants. This includes all particulate emissions 
control equipment, storage tanks and piping systems, and any other 
material handling equipment which could fail and release pollutants.
    All particulate pollution control equipment must be maintained to 
operate properly and effectively to control settling of particulate 
matter. The inspection of emissions control is particularly important 
as failures may not be immediately obvious and could lead to 
significant releases of particulate matter. Leaks or blockage in ducts, 
overflows of dust collection systems, or mechanical breakdown of 
scrubbers could all lead to heavy particulate emission which can be 
easily washed away by storm water discharges. Other potential losses 
include leaking tanks or valves which could contain a variety of acids, 
solvents, or other chemicals.
    (d) Spill Prevention and Response Procedures--There are no 
additional requirements beyond those described in Part VI.C. of this 
fact sheet.
    (e) Inspections--Primary metals facilities are required to conduct 
self inspections of all storage, process, and plant yard areas at least 
quarterly. These inspections will allow the effectiveness of the 
pollution prevention plan to be monitored. The potential for problems 
which could affect storm water are extremely varied and can have 
significant impacts over a short time period. These inspections are 
necessary to ensure that problems are identified and remedied as 
quickly as possible. Points of particular importance include pollution 
control equipment, material handling areas, and waste collection and 
disposal areas. Tanks, drums, silos, bins, and hoppers are other areas 
of potential concern.
    (f) Employee Training--There are no additional requirements beyond 
those described in Part VI.C. of this fact sheet. 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 

[[Page 50886]]
the storm water pollution prevention plan.
    (g) Recordkeeping and Internal Reporting Procedures--There are no 
additional requirements beyond those described in Part VI.C. of this 
fact sheet.
    (h) Non-storm Water Discharges--There are no additional 
requirements beyond those described in Part VI.C. of this fact sheet.
    (i) Sediment and Erosion Control--There are no additional 
requirements beyond those described in Part VI.C. of this fact sheet.
    (j) Management of Runoff--Facilities shall consider implementation 
of a range of management practices to control or treat storm water 
runoff. These include vegetative buffer strips or swales, filter fences 
and other types of filters, oil/water separators, and all types of 
settling basins and ponds. These practices allow the capture of 
pollutants from storm water before it leaves the site.
    Due to the large size of many primary metals facilities, source 
controls may not be practical. In some cases, it may not be feasible to 
cover or otherwise protect large areas of material storage or exposed 
plant yards. Deposition of particulates from furnace or other process 
emissions may be relatively diffuse over a large area of the facility, 
and very difficult to control. In these cases management practices such 
as settling basins, retention or detention ponds, or recycle ponds can 
provide effective treatment of runoff. For smaller areas, filter 
fabric, booms, or other types of filters may be appropriate. In areas 
where oil and grease is a concern, oil/water separators may be 
appropriate and should be considered.
    b. Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
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. Comprehensive site compliance evaluations should be conducted 
on an annual basis. The individual or individuals that will conduct the 
evaluations must be identified in the plan and should be members of the 
pollution prevention team. Evaluation reports must be retained for at 
least 3 years after the date of the compliance evaluation that the 
permit expires.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and never more than 12 weeks after completion of the 
evaluation.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that primary 
metals facilities may reduce the level of pollutants in storm water 
runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. In order to provide a tool 
for evaluating the effectiveness of the pollution prevention plan and 
to characterize the discharge for potential environmental impacts, the 
permit requires some primary metals facilities to collect and analyze 
samples of their storm water discharges for the pollutants listed in 
Table F-7. Data submitted to EPA has been analyzed at the 3-digit SIC 
code level. Industry subgroups that had pollutant levels above 
benchmark levels are required to monitor for those pollutants. Because 
these pollutants have been reported at benchmark levels from primary 
metals facilities, EPA is requiring monitoring after the pollution 
prevention plan has been implemented to assess the effectiveness of the 
pollution prevention plan and to help ensure that a reduction of 
pollutants is realized.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen is above the bench mark concentrations for the non-ferrous 
rolling and drawing and the non-ferrous foundries subsectors and pyrene 
is above the bench mark concentrations for the iron and steel foundries 
subsector. After a review of the nature of industrial activities and 
the significant materials exposed to storm water described by 
facilities in these subsectors, EPA has determined that the higher 
concentrations of nitrate plus nitrite nitrogen and pyrene are not 
likely to be caused by the industrial activity, but may be primarily 
due to non-industrial activities on-site. Today's permit does not 
require non-ferrous rolling and drawing, the non-ferrous foundries or 
iron and steel foundries facilities to conduct analytical monitoring 
for these parameters.
    At a minimum, storm water discharges from selected primary metals 
facilities must be monitored quarterly during the second year of permit 
coverage. At the end of the second year of permit coverage, a facility 
must calculate the average concentration for each parameter that they 
were required to monitor as listed in Tables F-7 through F-10, after 
taking into account possible waivers based on the alternative 
certification. If the permittee collects more than four samples in this 
period, then they must calculate an average concentration for each 
pollutant of concern for all samples analyzed.

Table F-7.--Steel Works, Blast Furnaces, and Rolling and Finishing Mills
                    (SIC 331) Monitoring Requirements                   
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


 Table F-8.--Iron and Steel Foundries (SIC 332) Monitoring Requirements 
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Suspended Solids (TSS)..........................  100 mg/L        
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Iron................................  1 mg/L          
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


 Table F-9.--Rolling, Drawing, and Extruding of Non-Ferrous Metals (SIC 
                      335) Monitoring Requirements                      
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


  Table F-10.--Non-Ferrous Foundries (SIC 336) Monitoring Requirements  
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Tables F-7 through F-10, then the permittee is 
not required to 

[[Page 50887]]
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Tables F-7 through 
F-10, then the permittee is required to conduct quarterly monitoring 
for that parameter during the fourth year of permit coverage. 
Monitoring is not required during the first, third, and fifth year of 
the permit. The exclusion from monitoring in the fourth year of the 
permit is conditional on the facility maintaining industrial operations 
and BMPs that will ensure a quality of storm water discharges 
consistent with the average concentrations recorded during the second 
year of the permit. The schedule for monitoring is presented in Table 
F-11.

                   Table F-11.--Schedule of Monitoring                  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Tables F-7 through 
                            F-10, then quarterly sampling is required   
                            during the fourth year of the permit.       
                            If average concentration is less    
                            than or equal to the value listed in Tables 
                            F-7 through F-10, then no further sampling  
                            is required for that parameter.             
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Tables F-7 through F-10.    
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     
------------------------------------------------------------------------

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Tables F-7 through 
F-10 are not numerical effluent limitations. These values represent a 
level of pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data, reported concentrations greater 
than or equal to the values listed in Tables F-7 through F-10. 
Facilities that achieve average discharge concentrations which are less 
than or equal to the values in Tables F-7 through F-10 are not relieved 
from the pollution prevention plan requirements or any other 
requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    (1) Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hours storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The 72-hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (2) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)) shall be provided in the plan.
    (3) Alternative Certification. Throughout today's permit, EPA has 
required monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
monitoring described in Tables F-10 through F-13, under penalty of law, 
signed in accordance with Part VII.G. of the pursuit (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, significant materials 
from past industrial activity that are located in areas of the facility 
that are within the drainage area of the outfall are not presently 
exposed to storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA along with 

[[Page 50888]]
the monitoring reports required under paragraph b. below. If the 
permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    b. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one Discharge Monitoring Report must be submitted per storm 
event sampled. For facilities conducting monitoring beyond the minimum 
quarterly requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis.
    c. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual inspections of a storm water discharge from each outfall are 
required at primary metals facilities. The examination must be of a 
grab sample collected from each storm water outfall. The examination of 
storm water grab samples shall include any observations of color, odor, 
clarity, floating solids, settled solids, suspended solids, foam, oil 
sheen, or other obvious indicators of storm water pollution. The 
examination must be conducted in a well lit area. No analytical tests 
are required to be performed on these samples.
    The examination must be made at least once per quarter during the 
term of the permit during daylight unless there is insufficient 
rainfall or snow-melt to runoff. Whenever practicable, the same 
individual should carry out the collection and examination of 
discharges throughout the life of the permit to ensure the greatest 
degree of consistency possible. Grab samples shall be collected within 
the first 30 minutes (or as soon thereafter as practical, but not to 
exceed 1 hour) of when the runoff begins discharging. Reports of the 
visual examination include: the examination date and time, examination 
personnel, visual quality of the storm water discharge, and probable 
sources of any observed storm water contamination. The visual 
examination reports must be maintained onsite with the pollution 
prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (e.g., drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

G. Storm Water Discharges Associated With Industrial Activity From 
Metal Mining (Ore Mining and Dressing) \43\ Facilities

1. Industrial Profile
    On November 16, 1990 (55 FR 47990), the U.S. Environmental 
Protection Agency (EPA) promulgated the regulatory definition of 
``storm water discharges associated with industrial activity.'' This 
definition included point source discharges of storm water from eleven 
major categories of facilities, including: ``(i) facilities subject to 
storm water effluent limitations guidelines, new source performance 
standards, or toxic pollutant effluent standards under 40 CFR 
subchapter N * * * .'' and ``* * * (iii) facilities classified as 
Standard Industrial Classifications 10 through 14 (metal mining 
industry) including active or inactive mining operations (except for 
areas of coal mining operations no longer meeting the definition of a 
reclamation area under 40 CFR 434.11(l) because the performance bond 
issued to the facility by the appropriate SMCRA authority has been 
released, or except for areas of noncoal mining operations which have 
been released from applicable State or Federal reclamation requirements 
after December 17, 1990) and oil and gas exploration, production, 
processing, or treatment operations, or that has come into contact 
with, any overburden, raw material, intermediate products, finished 
products, by-products or waste products located on the site of such 
operations.''

    \43\ For the purposes of this part of the fact sheet, the term 
``metal mining'' includes all ore mining and/or dressing and 
beneficiating operations, whether performed at mills operated in 
conjunction with the mines served or at mills, such as custom mills, 
operated separately.
---------------------------------------------------------------------------

    This section of today's general permit only applies to the portions 
of categories (i) and (iii) identified by 40 CFR Part 440 and the metal 
mining industry (Standard Industrial Classification (SIC) code 10). SIC 
code 10 includes establishments primarily engaged in mining, developing 
mines, or exploring for metallic minerals (ores). This group also 
includes all ore dressing and beneficiating operations, whether 
performed at mills operated in conjunction with the mines served or at 
mills, such as custom mills, operated separately. Common activities at 
these mills include: crushing, grinding, and separation by gravity 
concentration, magnetic separation, electrostatic separation, 
flotation, or leaching 44. The following is a listing of the types 
of mining/milling facilities that are covered under SIC code 10: Iron 
Ores (SIC Code 1011); Copper Ores (SIC Code 1021); Lead and Zinc Ores 
(SIC Code 1031); Gold Ores (SIC Code 1041); Silver Ores (SIC Code 
1044); Ferroalloy Ores, Except Vanadium (SIC Code 1061); Uranium-
Radium-Vanadium Ores (SIC Code 1094); and Miscellaneous Metal Ores, Not 
Elsewhere Classified (SIC Code 1099).

    \44\ For more information on metal mines/mills see EPA, Effluent 
Guidelines Division. November 1982. ``Development Document for 
Effluent Limitations Guidelines and Standards for the Ore Mining and 
Dressing Point Source Category.'' EPA 440/1-82/061.
---------------------------------------------------------------------------

    This section does not cover any discharge subject to effluent 
limitation guidelines, including storm water that combines with process 
wastewater and mine drainage. Storm water that does not come into 
contact with any overburden, raw material, intermediate product, 
finished product, by-product, or waste product located on the site of 

[[Page 50889]]
the operation is not subject to permitting under this section according 
to Section 402(l)(2) of the Clean Water Act. Storm water discharges 
associated with industrial activity from inactive mining operations 
occurring on Federal lands where an operator cannot be identified 
cannot be covered by this permit.
    Storm water discharges from mining claims where no mining 
activities have been undertaken (including no historic activities) 
except minimal activities undertaken for the purpose of maintaining a 
mining claim do not need to be covered by a permit. (This applies to 
Federal and private lands.)
    This section is applicable to all phases of mining operations, 
whether active or inactive, as long as there is exposure to significant 
materials. This includes land disturbance activities such as the 
expansion of current extraction sites, active and inactive mining 
stages, and reclamation activities.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    There are typically three phases to a mining operation: the 
exploration and construction phase; the active phase; and the 
reclamation phase. The exploration and construction phase entails 
exploration and a certain amount of land disturbance to determine the 
financial viability of a site. Construction includes building of site 
access roads, and removal of overburden and waste rock to expose 
minable ore. These land-disturbing activities are significant potential 
sources of storm water contaminants. The active phase includes each 
step from extraction through production of a saleable product. The 
active phase may include periods of inactivity due to the seasonal 
nature of these metal mining activities. The final phase of reclamation 
is intended to return the land to its pre-mining state.
    Because of the land-disturbing nature of the ore mining and 
dressing industry, contaminants of concern generated by industrial 
activities in this industry include total suspended solids (TSS), total 
dissolved solids (TDS), turbidity, pH, and heavy metals. Table G-1 
lists potential pollutant source activities, and related pollutants 
associated with ore mining and dressing facilities.

                            Table G-1.--Activities, Pollutant Sources, and Pollutants                           
----------------------------------------------------------------------------------------------------------------
           Activity                         Pollutant source                            Pollutant               
----------------------------------------------------------------------------------------------------------------
Site Preparation..............  Road Construction......................  Dust, TSS, TDS, turbidity.             
                                Removal of Overburden..................  Dust, TSS, TDS, turbidity.             
                                Removal of waste rock to expose the      Dust, TSS, TDS, turbidity.             
                                 metal.                                                                         
Mineral Extraction............  Blasting activities....................  Dust, TSS, nitrate/nitrite.            
Beneficiation Activities......  Milling................................  Dust, TSS, TDS, pH, turbidity, fines,  
                                                                          heavy metals.                         
                                Flotation..............................  Dust, TSS, TDS, pH, turbidity, fines,  
                                                                          chemical reagents, acids, heavy       
                                                                          metals.                               
                                Gravity Concentration..................  TSS, TDS, pH, turbidity, heavy metals. 
                                Amalgamation...........................  Dust, TSS, TDS, pH, turbidity, heavy   
                                                                          metals, mercury.                      
                                Waste Rock Storage.....................  Dust, TSS, TDS, turbidity, pH, heavy   
                                                                          metals.                               
                                Raw Material Loading...................  Dust, TSS, TDS, turbidity, heavy       
                                                                          metals.                               
                                Processing materials unloading.........  Diesel fuel, oil, gasoline, chemical   
                                                                          reagents.                             
                                Raw or Waste Material Transportation...  Dust, TSS, TDS, turbidity, heavy       
                                                                          metals.                               
Leaching......................  Heap leach piles.......................  Dust, TSS, TDS, turbidity, pH, heavy   
                                                                          metals, cyanide.                      
Other Activities..............  Sedimentation pond upsets..............  TSS, TDS, turbidity, pH, heavy metals. 
                                Sedimentation pond sludge removal and    Dust, TSS, TDS, turbidity, pH, heavy   
                                 disposal.                                metals.                               
                                Air emission control device cleaning...  Dust, TSS, TDS, turbidity.             
Equipment/Vehicle Maintenance.  Fueling activities.....................  Diesel fuel, gasoline, oil.            
                                Parts cleaning.........................  Solvents, oil, heavy metals, acid/     
                                                                          alkaline wastes.                      
                                Waste disposal of oily rags, oil and     Oil, heavy metals, solvents, acids     
                                 gas filters, batteries, coolants,                                              
                                 degreasers.                                                                    
                                Fluid replacement including hydraulic    Oil, arsenic, lead, cadmium, chromium, 
                                 fluid, oil, transmission fluid,          benzene, TCA, TCE, PAHs, solvents.    
                                 radiator fluids, and grease.                                                   
Reclamation Activities........  Site preparation for stabilization.....  Dust, TSS, TDS, turbidity, heavy       
                                                                          metals.                               
----------------------------------------------------------------------------------------------------------------
 Sources: Storm Water Group Applications, Parts 1 and 2 and EPA. ``Development Document for Effluent Limitations
  Guidelines and Standards for the Ore Mining and Dressing Point Source Category.'' (EPA 440/1-82/061) November 
  1982.                                                                                                         

    Industrial activities, significant materials, and material 
management practices associated with ore mining and dressing methods 
are typically similar, varying only in the type of rock being mined. 
Examples of mineral commodities obtained from ore mining and dressing 
facilities include: iron; copper; lead; zinc; gold; silver; ferroalloy 
ores such as molybdenum, manganese, chromium, cobalt, nickel, and 
tungsten; uranium; radium; vanadium; aluminum; antimony; bauxite; 
platinum; tin; and titanium. Industrial activities include, ``. . . but 
[are] not limited to, storm water discharges from industrial plant 
yards; immediate access roads and rail lines used or traveled by 
carriers of raw materials, manufactured products, waste material, or 
by-products used or created by the facility; material handling sites; 
refuse sites; sites used for the application or disposal of process 
wastewaters (as defined at 40 CFR Part 401); sites used for the storage 
and maintenance of material handling 

[[Page 50890]]
equipment; sites used for residual treatment, storage, or disposal; 
shipping and receiving areas; manufacturing buildings; storage areas 
(including tank farms) for raw materials and intermediate and finished 
materials; and areas where industrial activity has taken place in the 
past and significant materials remain and are exposed to storm water'' 
(40 CFR 122.26(b)(14)). The most common industrial activities at 
metallic mine sites include extraction of the metal, material crushing, 
and product separation. While all of these industrial activities can 
occur at metal mines, storm water discharges from some of the areas 
listed cannot be covered by this permit (see Part VIII.G.4. Discharges 
Covered Under This Section).
    Significant materials include, ``. . . but [are] not limited to: 
raw materials, fuels, materials such as solvents, detergents, and 
plastic pellets; finished materials such as metallic products; . . . 
hazardous substances designated under Section 101(14) of CERCLA; any 
chemical facilities required to report pursuant to Section 313 of title 
III of SARA; fertilizers; pesticides; and waste products such as ashes, 
slag, and sludge that have the potential to be released with storm 
water discharge'' (40 CFR 122.26(b)(12)). Significant materials 
commonly found at mining facilities include: overburden; waste rock; 
sub-ore piles; tailings; petroleum-based products; solvents and 
detergents; manufactured products; and other waste materials.
    Materials management practices are defined as those practices 
employed to diminish contact by significant materials with 
precipitation and storm water runon, or practices utilized to reduce 
the offsite discharge of contaminants. To this end, sediment ponds, 
discharge diversion techniques, as well as methods of dispersion, are 
used to minimize impacts of significant materials on storm water. For 
mine sites requiring additional sources of water for processing 
operations, rainfall events as well as storm water runon will be 
managed for use in dust suppression, processing, and washing 
activities. Many mine sites are already equipped with sedimentation 
ponds and other established process wastewater treatment methods in 
order to meet effluent limitation guidelines. Additional storm water 
management practices used at mineral mining facilities include: 
discharge diversions; drainage/storm water conveyances; runoff 
dispersion; sediment control and collection practices; vegetation/soil 
stabilization; capping contaminated sources; and treatment.
    Metals are recovered by three basic extraction techniques: surface 
mining; underground mining; and placer mining. Each type of extraction 
method may be followed by varying methods of beneficiation and 
processing. Presented below are brief descriptions of the industrial 
activities, significant materials, and materials management practices 
associated with these four extraction processes and associated 
beneficiation activities. Due to similarities in mining operations for 
many of the minerals within this sector, industrial activities, 
significant materials, and materials management practices are fairly 
uniform across this sector. Unique practices are noted.
    a. Surface Mining. Many mining facilities access metal deposits 
using surface extraction techniques such as strip mining, open-pit, 
open-cut, and open-cast. Surface mining is more economical than 
underground especially when the ore body is large and near the surface.
    (1) Industrial Activities. Extraction activities include removal of 
overburden and waste rock to access metal deposits. These land-
disturbing activities generate piles of topsoil and other overburden as 
well as waste rock, which are typically stored beside, or within, the 
pit or quarry. In addition, land disturbance, drilling, blasting, 
stripping, and materials handling activities create large amounts of 
dust that are either dispersed by local wind patterns or collected in 
air pollution control mechanisms. At closure, overburden and waste rock 
may or may not be used to reclaim the pit or quarry depending on 
Federal, State, and local requirements. In addition, access roads and 
rail spurs, and associated loading and unloading areas, are found 
onsite.
    Following extraction, the mined materials may be transferred to a 
nearby beneficiation/processing facility. At an ore beneficiation 
facility, the valuable metals are separated from the less valuable rock 
to yield a product which is higher in metal content. To accomplish 
this, the ore must be crushed and ground small enough so that each 
particle contains mostly the mineral to be recovered or mostly the less 
valuable, or gangue, material. Valuable minerals are separated from the 
gangue by gravity concentration, magnetic separation, electrostatic 
separation, flotation, and leaching.
    (2) Significant Materials. Significant materials generated by most 
extraction activities at surface mines include overburden piles, waste 
rock piles, ore and subore piles, and materials spilled from loading 
and unloading activities. Other exposed materials that can be generated 
at these types of operations (as well as other metal mines), include: 
tailings from flotation and other separation stages; soils impacted by 
fugitive dust emissions; settling ponds that receive process 
wastewaters; dredged sediment disposal areas; as well as raw material 
and product storage. Dust and particulate matter collected in air 
pollution control mechanisms may also be disposed of in onsite waste 
piles.
    (3) Materials Management Practices. Materials management practices 
at surface mines are typically designed to control dust emissions and 
soil erosion from extraction activities, and offsite transport of 
significant materials. Settling ponds and impoundments are commonly 
used to reduce total suspended solids (TSS), total dissolved solids 
(TDS), and other contaminants in process generated wastewaters. These 
controls may also be used to manage storm water runoff and runon with 
potentially few alterations to onsite drainage systems. Few sampling 
facilities indicated the presence of traditional BMPs. Only 29 percent 
of the sampling facilities have ponds or impoundments as a storm water 
control.
    Tailings impoundments are used to manage tailings generated at 
facilities engaged in flotation or heavy media separation operations. 
These impoundments are used to manage beneficiation/processing 
wastewaters generated at the facility and may also be used to manage 
storm water runoff.
    b. Underground Mining. Underground mining techniques are used to 
access metals located too far underground to access economically from 
the surface. Though typically a more expensive form of extraction, 
advantages to underground mining operations include year-round 
operation, less noise (applicable to facilities located near 
residential areas), and less surface land disturbance. The two main 
underground mining methods are stoping and caving. Both of these 
methods can be used in several variations depending on the 
characteristics of the ore body. Common stoping methods include cut-
and-fill, square cut (timbered), shrinkage, and open. Caving methods 
include undercut, block, and sub-level. Underground mining is usually 
independent of surface mining, but sometimes underground mining 
precedes or follows surface mining.
    (1) Industrial Activities/Significant Materials. Industrial 
activities that may be associated with storm water discharges include: 
loading/unloading activities; haul roads; products and materials 
storage; waste piles; and processing activities. Exposed materials 

[[Page 50891]]
associated with surface beneficiation and processing facilities at 
underground mines are similar to those associated with surface mining 
facilities.
    (2) Materials Management Practices. Materials management practices 
for significant materials at the surface of underground mining 
facilities are similar to those materials management practices used at 
surface mining operations. However, waste rock or mill tailings are in 
some cases being returned to the mine as fill for the mined-out areas 
or may be directed to a disposal basin.
    c. Placer Mining. Placer mining is used to mine alluvial sands and 
gravels containing valuable metallic minerals. Placer deposits are 
usually mined exclusively for gold material but smaller amounts of 
platinum, tin, and tungsten may also be recovered. There are three main 
placer mining techniques including dredge, hydraulic, and open cut 
methods.
    (1) Industrial Activities. The industrial activities at dredging 
placer mines excavate underwater gold deposits by bucketline, dragline, 
or by suction. The excavation devices dig, wash, and screen gold values 
which are then recovered using gravity concentration methods. Hydraulic 
placer mines characteristically use high pressure water jets to 
excavate value-laden gravel banks. The most commonly used placer mining 
extraction method is the open cut. It involves stripping away topsoil 
and overburden to expose the auriferous gravels. The gold bearing 
gravels are excavated in sections and pushed to a placer wash plant for 
processing. Gravitational concentration is the common beneficiating 
technique at placer mines.
    (2) Significant Materials. Significant materials generated at 
placer operations include overburden, mine development rock, ore, sub-
ore piles, mine waste dumps, tailings ponds and piles. Potential 
natural constituents include mercury, arsenic, bismuth, antimony, 
thallium, pyrite, and pyrrhotite. After settling, the liquid portion of 
the slurry is returned to the mill as process water and the remaining 
slurried waste is pumped to tailings. In placer operations, however, 
tailings are disposed of in streams or on land.
    (3) Materials Management Practices. Settling ponds are used to 
manage process wastewaters and are in some cases being used to manage 
contaminated storm water runoff. Few materials management practices 
were indicated in the part 1 group applications.
    d. Inactive Mine Sites. Inactive ore mining and dressing operations 
are those where industrial activities are no longer occurring. When 
active, mineral extraction could have occurred from surface mines, 
solution mines, placer operations, or underground mines. These sites 
are included in this section because significant materials may remain 
onsite. These materials, if exposed, are potential sources of storm 
water contamination. Until an inactive metals mine and/or beneficiation 
operation has been reclaimed under applicable State or Federal laws 
after December 17, 1990, the site is considered associated with an 
``industrial activity'' and is subject to the conditions of this 
section. Due to the seasonal nature of this industry, mine sites can 
become temporarily inactive for extended periods of time. Temporarily 
inactive sites are not viewed the same as permanently inactive sites.
2. Pollutants Found in Storm Water Discharges From Metal Mining
    The volume of storm water discharges and the type and 
concentrations of pollutants found in storm water discharges from 
active and inactive metal mining facilities will vary according to 
several factors. Such factors include: geographic location; 
hydrogeology; the physical and chemical characteristics of the ores 
extracted; the physical and chemical characteristics of the waste rock 
and overburden removed; how the ore was extracted (e.g., open pit, 
underground, solution or dredging); the type of industrial activities 
occurring onsite (e.g., extraction, crushing, washing, milling, 
reclamation, etc.); the size of the operation; type, duration, and 
intensity of precipitation events; temperature ranges and variations; 
and the types of pollutant control measures used at the site. Each of 
these, and other factors will interact to influence the quantity and 
quality of storm water runoff. For example, air emissions (i.e., dust) 
may be a significant source of pollutants at some facilities, while 
roads constructed of waste rock may be a primary source at others. In 
addition, sources of pollutants other than storm water, such as illicit 
connections, spills, and other improperly dumped materials, may 
increase the pollutant loadings discharged into waters of the United 
States.
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the metal mining (ore mining and dressing) 
industry into subsectors to properly analyze sampling data and 
determine monitoring requirements. As a result, this sector has been 
divided into the following subsectors: iron ore; copper ores; lead and 
zinc ores, gold and silver ores; ferroalloy ores, except vanadium; 
metal mining services; and miscellaneous metal ores (including uranium-
radium-vanadium ores). Table G-2 below includes data for the eight 
pollutants that all facilities were required to monitor for under Form 
2F. The table also lists those parameters that EPA has determined merit 
further monitoring.
    A table has not been included for the following subsectors because 
less than 3 facilities submitted data in that subsector; iron ores; 
lead and zinc ores; gold and silver ores; ferroalloy ores, except 
vanadium; metal mining services; and miscellaneous metal ores 
(including uranium-radium-vanadium ores).

                                Table G-2.--Statistics for Selected Pollutants Reported by Copper Ore Mining Facilities Submitting Part II Sampling Data i (mg/L)                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of facilities             No. of samples          Minimum              Maximum              Median           95th percentile       99th percentile   
    PollutantSample type     -------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp        Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................        4        1        7        1      11.0      18.0       0.0      18.0        27.0      18.0      11.0      18.0        43.6   ........        81.9   ........
COD.........................        4        2        7        4     234.7     360.0       0.0     160.0       630.0     740.0     160.0     270.0      1448.6     888.2       3835.9    1386.6 
Nitrate + Nitrite Nitrogen..        4        1        5        2       1.84      1.50      0.00      1.40        5.30      1.60      1.40      1.50        6.35      1.75        11.5       1.86
Total Kjeldahl Nitrogen.....        3        1        4        2       3.98      3.70      1.20      1.50        7.00      5.90      3.85      3.70       13.60     14.63        25.55     28.30
Oil & Grease................        3      N/A        5      N/A       1.0     N/A         0.0     N/A           5.0     N/A         0.0     N/A     ..........    N/A     ...........    N/A   
pH..........................        5      N/A       13      N/A     N/A       N/A         4.5     N/A           8.2     N/A         7.8     N/A           9.7     N/A           10.7     N/A   
Total Phosphorus............        5        3       10        5       2.17      7.54      0.00      0.00       14.00      7.00      0.11      0.17       13.53      7.93        68.67     28.25
Total Suspended Solids......        4        2        6        4   18113       580         0       330      100000       850      2135       570      350477      1159      4050366     1596    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


[[Page 50892]]

3. Options for Controlling Pollutants From Metal Mines
    There are two options for reducing pollutants in storm water 
discharges; end-of-pipe treatment and implementing Best Management 
Practices to prevent and/or eliminate pollution. Discharges from mining 
operations are in some ways dissimilar to other types of industrial 
facilities. Mining facilities are often in remote locations and may 
operate only seasonally or intermittently, yet need year-round controls 
because significant materials remain exposed to precipitation when 
reclamation is not completed. These characteristics make resource 
intensive end-of-pipe management controls less desirable. A 
comprehensive storm water management program for a given plant may 
include controls from each of these categories. Development of 
comprehensive control strategies should be based on a consideration of 
site and facility plant characteristics.
    a. End-of-Pipe Treatment. At many ore mining and dressing 
facilities, it may be appropriate to collect and treat the runoff from 
targeted areas of the facility. This approach was taken with 11 
industrial subcategories within the ore mining and dressing industry, 
subject to national effluent limitation guidelines mill process 
wastewater and mine drainage. There are several areas where effluent 
limitation guidelines influence the permitting strategy for storm water 
discharges: whenever storm water and mill process wastewater and mine 
drainage combine, the storm water discharge is also subject to effluent 
limitation guidelines; to meet the numeric effluent limitation 
guidelines, most, if not all, facilities must collect and temporarily 
store onsite runoff from targeted areas of the plant; the effluent 
limitation guidelines do not apply to discharges whenever rainfall 
events, either chronic or catastrophic, cause an overflow of storage 
devices designed, constructed, and maintained to contain a 10-year, 24-
hour storm; and most technology-based treatment standards, used for 
treating discharges subject to effluent limitation guidelines, are 
based on relatively simple technologies such as settling of solids, 
neutralization, and drum filtration.
    For storm water discharges that are not covered by the effluent 
limitations guidelines, BMPs may be an appropriate means for limiting 
pollutant contributions. However, in cases of poor quality storm water 
discharges (e.g., low pH, high metals, etc.), treatment may be 
necessary to protect receiving waters.
    b. Best Management Practices. Effective storm water management 
controls for limiting the offsite discharge of storm water pollutants 
from ore mining and dressing facilities are source reduction BMPs. 
Source reduction BMPs are methods by which discharges of contaminants 
are controlled with little or no required maintenance. Examples of 
these types of controls include source reduction diversion dikes, 
vegetative covers, and berms. Source reduction practices are typically 
(but not always) low in cost and relatively easy to implement. In some 
instances, more resource intensive treatment BMPs, including 
sedimentation ponds, may be necessary depending upon the type of 
discharge, types and concentrations of contaminants, and volume of 
flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
and volume and type of discharge generated. Each facility will be 
unique in that the source, type, and volume of contaminated storm water 
discharges will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. The management practices 
discussed herein are well suited mechanisms to prevent or control the 
contamination of storm water discharges associated with mining 
activity.
    The following four categories describe best management practice 
options for reducing pollutants in storm water discharges from ore 
mining and dressing facilities: discharge diversions; sediment and 
erosion control; capping of contaminated sources; treatment.
    Because ore mining and dressing is largely a land disturbance 
activity, BMPs that minimize erosion and sedimentation will be most 
effective if installed at the inception of operations and maintained 
throughout active operations and reclamation of the site. From the 
construction of access and haul roads, to closure and reclamation 
activities, implementation of BMPs is often essential to minimizing 
long-term environmental impacts to an area.
    Part 1 group application data indicates that few storm water BMPs 
have been implemented at sampling facilities. The group application 
process did not require a description of BMP locations, and did not 
require applicants to describe the number of identical BMPs implemented 
at each site. As a result, the effectiveness of BMPs, for storm water 
management, at these facilities cannot be evaluated.
    Many BMPs were not listed by facilities because they have been 
implemented to treat waters subject to effluent limitation guidelines, 
and are not exclusively used for storm water management. For instance, 
29 percent of the sampling subgroup reported using ponds for sediment 
control and collection. Since some facilities classified as SIC Code 10 
are subject to effluent limitation guidelines, sedimentation ponds may 
be implemented at greater proportions than indicated in part 1 of the 
group applications.
    Because BMPs described in the part 1 data are limited, EPA is 
providing an overview of supplementary BMPs for use at ore mining and 
dressing facilities. However, due to the site-specific nature of 
facilities within this sector, BMPs cited do not preclude the use of 
other viable BMP options. Table G-3 summarizes BMP options as they 
apply to land disturbance activities at ore mining and dressing 
facilities. Sources of BMP information include: ``Sediment and Erosion 
Control: An Inventory of Current Practices--Draft,'' EPA, April 20, 
1990; ``Storm Water Management for Industrial Activities: Developing 
Pollution Prevention Plans and Best Management Practices,'' EPA, 
September, 1992, (EPA 832-R-92-006); ``Best Management Practices for 
Mining in Idaho,'' Idaho Department of Lands, November 1992; and 
``Erosion & Sediment Control Handbook,'' Goldman et al., McGraw-Hill 
Book Company, 1986.

                                                                                                                                                                                                

[[Page 50893]]
                                       Table G-3.--Summary of Mine Areas and Applicable Best Management Practices                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Land-disturbed         Discharge          Conveyance                         Sediment control                                                         
       area             diversions           systems       Runoff dispersion     & collection        Vegetation        Containment         Treatment    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haul Roads and      Dikes, Curbs,       Channels,          Check Dams, Rock   Gabions, Riprap,   Seeding, Willow                                        
 Access Roads.       Berms.              Gutters,           Outlet             Native Rock        Cutting                                               
                                         Culverts,          Protection,        Retaining Walls,   Establishment.                                        
                                         Rolling Dips,      Level Spreaders,   Straw Bale                                                               
                                         Road Sloping,      Stream             Barriers,                                                                
                                         Roadway Water      Alteration, Drop   Sediment Traps/                                                          
                                         Deflectors.        Structures.        Catch Basins,                                                            
                                                                               Vegetated Buffer                                                         
                                                                               Strips.                                                                  
Pits/Quarries or    Dikes, Curbs,       Channels, Gutters  Serrated Slopes,   Sediment Settling  Seeding..........  Plugging and       Chemical/Physical
 Underground Mines.  Berms.                                 Benched Slopes,    Ponds, Straw                          Grouting.          Treatment.      
                                                            Contouring,        Bale Barrier,                                                            
                                                            Stream             Siltation Berms.                                                         
                                                            Alteration.                                                                                 
Overburden, Waste   Dikes, Curbs,       Channels, Gutters  Serrated Slopes,   Plastic Matting,   Topsoiling,        Capping..........  Chemical/Physical
 Rock and Raw        Berms.                                 Benched Slopes,    Plastic Netting,   Seedbed                               Treatment,      
 Material Piles.                                            Contouring,        Erosion Control    Preparation,                          Artificial      
                                                            Stream             Blankets, Mulch-   Seeding.                              Wetlands.       
                                                            Alteration.        straw,                                                                   
                                                                               Compaction,                                                              
                                                                               Sediment/                                                                
                                                                               Settling Ponds,                                                          
                                                                               Silt Fences,                                                             
                                                                               Siltation Berms.                                                         
Reclamation.......  Dikes, Curbs,       Channels, Gutters  Check Dams, Rock   Gabions, Riprap,   Topsoiling,        Capping, Plugging  Chemical/Physical
                     Berms.                                 Outlet             and Native Rock    Seedbed            and Grouting.      Treatment,      
                                                            Protection,        Retaining Walls,   Preparation,                          Wetlands.       
                                                            Level Spreaders,   Biotechnical       Seeding, Willow                                       
                                                            Serrated Slopes,   Stabilization,     Cutting                                               
                                                            Benched Slopes,    Straw Bale         Establishment.                                        
                                                            Contouring,        Barriers,                                                                
                                                            Drain Fields,      Sediment Traps/                                                          
                                                            Stream             Catch Basins,                                                            
                                                            Alteration, Drop   Vegetative                                                               
                                                            Structures.        Buffer Strips,                                                           
                                                                               Silt Fences,                                                             
                                                                               Siltation Berms,                                                         
                                                                               Brush Sediment                                                           
                                                                               Barriers.                                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Haul Roads and Access Roads--Placement of haul roads or access 
roads should occur as far as possible from natural drainage areas, 
lakes, ponds, wetlands or floodplains where soil will naturally be less 
stable for heavy vehicle traffic. If a haul road must be constructed 
near water, as little vegetation as possible should be removed from 
between the road and the waterway, as vegetation is a useful buffer 
against erosion and is an efficient sediment collection mechanism. The 
width and grade of haul or access roads should be minimal and should be 
designed to match natural contours of the area. Construction of haul 
roads should be supplemented by BMPs that divert runoff from road 
surfaces, minimize erosion, and direct flow to appropriate channels for 
discharge to treatment areas.
    Pits or Quarries--Excavation of a pit or quarry must be accompanied 
by BMPs to minimize impacts to area surface waters. As discussed in 
construction of haul roads, as little vegetation as possible should be 
removed from these areas during excavation activities to minimize 
exposed soils. In addition, stream channels and other sources of water 
that may discharge into a pit or quarry should be diverted around that 
area to prevent contamination.
    BMPs can be used to control total suspended solids levels in runoff 
from unvegetated areas. These can include sediment/settling ponds, 
check dams, silt fences, and straw bale barriers.
    Overburden, Waste Rock, and Raw Material Piles--Overburden, 
topsoil, and waste rock, as well as raw material and intermediate and 
final product stockpiles should be located away from 

[[Page 50894]]
surface waters and other sources of water, and from geologically 
unstable areas. If this is not practicable, surface water should be 
diverted around the piles. As many piles as possible should be 
revegetated, (even if only on a temporary basis.) At closure, remaining 
units should be reclaimed.
    Reclamation Activities--When a mineral deposit is depleted and 
operations cease, a mine site must be reclaimed according to 
appropriate State or Federal standards. Closure activities typically 
include restabilization of any disturbed areas such as access or haul 
roads, pits or quarries, sedimentation ponds or work-out pits, and any 
remaining waste piles. Overburden and topsoil stockpiles may be used to 
fill in a pit or quarry (where practical.) Recontouring and 
revegetation should be performed to stabilize soils, and prevent 
erosion.
    Major reclamation activities such as recontouring roads and filling 
in a pit or quarry can only be performed after operations have ceased. 
However, reclamation activities such as stabilization of banks, and 
reseeding and revegetation should be implemented in mined out portions, 
or inactive areas of a site as active mining moves to new areas.
    EPA recognizes that quarries are frequently converted into 
reservoirs, or recreational areas, after the mineral deposit is 
depleted. However, this does not preclude the reclamation of disturbed 
areas above the quarry rim.
    (1) Discharge Diversions. Discharge diversions provide the first 
line of defense in preventing the contamination of discharges, and 
subsequent contamination of receiving waters of the United States. 
Discharge diversions are temporary or permanent structures installed to 
divert flow, store flow, or limit storm water runon and runoff.
    These diversion practices have several objectives. First, diversion 
structures can be designed to prevent otherwise uncontaminated (or less 
contaminated) water from crossing disturbed areas or areas containing 
significant amounts of contaminated materials, where contact may occur 
between runon and significant materials. These source reduction 
measures may be particularly effective for metal mining facilities to 
prevent runon of uncontaminated discharges from contacting exposed 
materials and/or reduce the flow across disturbed areas, thereby 
lessening the potential for erosion. Second, diversion structures can 
be used to collect or divert waters for later treatment, if necessary. 
The usefulness of these control measures are limited by such factors as 
the size of the area to be controlled and the type and nature of 
materials exposed and precipitation events.
    Diversion dikes, curbs, and berms are temporary or permanent 
diversion structures that prevent runoff from passing beyond a certain 
point, and divert runoff away from its intended path. Dikes, curbs or 
berms may be used to surround and isolate areas of concern at metal 
mining sites, diverting flow around piles of overburden, waste rock, 
and storage areas, to minimize discharge contact with contaminated 
materials and to limit discharges of contaminated water from confined 
areas. The BMPs described below may be useful for storm water diversion 
at metal mining sites.
    Channels or Gutters--Channels or gutters collect storm water runoff 
and direct its flow. Channels or gutters may act to divert runoff away 
from a potential source of contamination, but may also be used to 
channel runoff to a collection and/or treatment area including settling 
ponds, basins or work-out pits.
    Open Top Box Culverts and Waterbars--These structures are temporary 
or permanent structures that divert water from a roadway surface. Open 
top box culverts may be used on steeply graded, unpaved roads in place 
of pipe culverts to divert surface runoff and flow from inside ditches 
onto the downhill slope of a road. These structures are typically made 
of wood and should periodically be monitored and repaired if necessary.
    Rolling Dips and Road Sloping--Rolling dips and road sloping are 
permanent water diversion techniques installed using natural contours 
of the land during road construction. These BMPs prevent water 
accumulation on road surfaces and divert surface runoff toward road 
ditches, which then convey the storm water to ponds or other management 
areas.
    Roadway Surface Water Deflector--A roadway surface water deflector 
is another technique to prevent accumulation of water on road surfaces. 
The structure uses a conveyor belt sandwiched between two pieces of 
treated wood and placed within the road to deflect water. This is a 
useful technique for steeply graded, unpaved roads.
    Culverts--Culverts are permanent surface water diversion mechanisms 
used to convey water off or underneath a road. Made of corrugated 
metal, they must extend across the entire width of the road and beyond 
the fill slope. Additional erosion control mechanisms may need to be 
installed at the discharge end of the culvert.
    Drainage systems are most effective when used in conjunction with 
runoff dispersion devices designed to slow the flow of water discharged 
from a site. These devices also aid storm water infiltration into the 
soil and flow attenuation. Some examples of velocity dissipation 
devices include check dams, rock outlet protection, level spreaders, 
and serrated and benched slopes.
    Check Dams--Check dams are small temporary dams constructed across 
swales or drainage ditches to reduce the velocity of runoff flows, 
thereby reducing erosion and failure of the swale or ditch. This 
slowing reduces erosion and gullying in the channel and allows 
sediments to settle.
    Rock Outlet Protection--Rock protection placed at the outlet end of 
culverts, channels, or ditches reduces the depth, velocity, and 
destructive energy of water such that the flow will not erode the 
downstream reach.
    Level Spreaders--Level spreaders are outlets for dikes and 
diversions consisting of an excavated depression constructed at zero 
grade across a slope. Level spreaders diffuse storm water point sources 
and release it onto areas stabilized by existing vegetation.
    Serrated Slopes and Benched Slopes--These runoff dispersion methods 
break up flow of runoff from a slope, decreasing its ability to erode. 
Serrated and benched slopes provide flat areas that allow water to 
infiltrate, and space for vegetation to grow and reinforce soils.
    Contouring--Surface contouring is the establishment of a rough soil 
surface amenable to revegetation, through creating horizontal grooves, 
depressions, or steps that run with the contour of the land. Surface 
roughening aids in the establishment of vegetative cover by reducing 
runoff velocity and giving seed an opportunity to take hold and grow.
    Drain Fields--Drain fields are used to prevent the accumulation of 
water and/or ground water at a site, by diverting infiltrating sources 
through gravity flow or pumping.
    Stream Alteration--Altering or channelizing the path of a stream to 
bypass all or some disturbed areas on a site allows additional mining 
activities and avoids contamination of stream water by disturbed lands. 
This practice is complicated, however, by the need to restore the 
channel when mining operations end.
    Drop Structures--Drop structures are large angular rocks placed in 
a V-shaped pattern to slow the velocity of storm water runoff. These 
structures are typically reinforced by logs or large rocks imbedded in 
the streambanks. 

[[Page 50895]]

    (2) Erosion and Sediment Controls. Erosion and sediment controls 
limit movement and retain sediments from being transported offsite. 
Several structural collection devices have been developed to remove 
sediment from runoff before it leaves the site. Several methods of 
removing sediment from site runoff involve diversion mechanisms 
previously discussed, supplemented by a trapping or storage device. 
Structural practices typically involve filtering diffuse storm water 
flows through temporary structures such as straw bale dikes, silt 
fences, brush barriers or vegetated areas.
    Structural practices are typically low in cost. However, structural 
practices require periodic removal of sediment to remain functional. As 
such, they may not be appropriate for permanent use at inactive mines. 
However, these practices may be effectively used as temporary measures 
during active operation and/or prior to the final implementation of 
permanent measures.
    (a) Structural Practices.
    (i) Sediment/Settling Ponds--Sediment ponds function as sediment 
traps by containing runoff for long periods of time, allowing suspended 
solids to settle. These structures can achieve a high removal rate of 
sediment for both process wastewater and storm water discharges.
    Discharge ponds may also be designed to act as surge ponds which 
are designed to contain storm surges and then completely drain in about 
24 to 40 hours, and remain dry during times of no rainfall. They can 
provide pollutant removal efficiencies that are similar to those of 
detention ponds.\45\

    \45\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
November 1990.
---------------------------------------------------------------------------

    (ii) Gabions, Riprap, and Native Rock Retaining Walls--These BMPs 
are all forms of slope stabilization. Gabions consist of rocks (riprap) 
contained by rectangular wire boxes or baskets for use as permanent 
erosion control structures. Riprap consists of loose rocks placed along 
embankments to prevent erosion.
    (iii) Biotechnical Stabilization--Biotechnical stabilization uses 
live brush imbedded in the soils of a steep slope to prevent erosion. 
This method relies on the premise that the imbedded vegetation will 
eventually root and help stabilize the slope.
    (iv) Straw Bale Barrier--Straw bales may be used as temporary 
berms, barriers, or diversions, capturing sediments, filtering runoff. 
When installed and maintained properly, these barriers remove 
approximately 67 percent of the sediment load.\46\

    \46\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-14.
---------------------------------------------------------------------------

    (v) Sediment Traps or Catch Basins--These temporary or permanent 
structures are useful for catching and storing sediment laden storm 
water runoff and are particularly useful during construction activities 
to contain runoff. The effectiveness of these BMPs is better in smaller 
drainage basin areas. Sediment traps are less than 50 percent effective 
in removing sediment from storm water runoff.\47\

    \47\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-26.
---------------------------------------------------------------------------

    (vi) Vegetated Buffer Strips--The installation of vegetated buffer 
strips will reduce runoff and prevent erosion at a removal efficiency 
rate of 75 to 99 percent depending upon the ground cover.\48\

    \48\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-7.
---------------------------------------------------------------------------

    (vii) Silt Fence/Filter Fence--A low fence made of filter fabric, 
wire and steel posts, should be used on small ephemeral drainage areas 
where storm water collects or leaves a mine site. Silt fences remove 97 
percent of the sediment load and are easier to maintain and remove 
without creating lasting impacts to the environment.\49\

    \49\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-15.
---------------------------------------------------------------------------

    (viii) Siltation Berms--Siltation berms are typically placed on the 
downslope side of a disturbed area to act as an impermeable barrier for 
the capture and retention of sediments in surface water runoff. Plastic 
sheeting is typically used to cover the berm. The berm and the plastic 
sheeting may require periodic maintenance and repair.
    (ix) Brush Sediment Barriers--Brush barriers are temporary sediment 
barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
other cleared materials placed at the toe of a slope. A brush barrier 
is effective only for small drainage areas, usually less than \1/4\ 
acre, where the slope is minimal.
    (b) Stabilization--Stabilization practices involve establishing a 
sustainable ground cover by permanent seeding, mulching, sodding, and 
other such practices. A vegetative cover reduces the potential for 
erosion of a site by: absorbing the kinetic energy of raindrops which 
would otherwise impact soil; intercepting water so it can infiltrate 
into the ground instead of running off and carrying contaminated 
discharges; and by slowing the velocity of runoff to promote onsite 
deposition of sediment. Stabilization controls are often the most 
important measures taken to prevent offsite sediment movement, and can 
provide a six-fold reduction in the discharge of suspended sediment 
levels.\50\ Permanent seeding has been found to be 99 percent effective 
in controlling erosion for disturbed land areas.\51\ Many states 
require that topsoil be segregated from other overburden for use during 
reclamation. While stored, topsoil stockpiles should be vegetated. This 
temporary form of vegetation can often be used for other piles of 
stored materials and for intermittent/seasonal operations.

    \50\ ``Performance of Current Sediment Control Measures at 
Maryland Construction Sites,'' January 1990, Metropolitan Washington 
Council of Governments, page X.
    \51\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-4.
---------------------------------------------------------------------------

    Typically, the costs of stabilization controls are low relative to 
other discharge mitigation practices. Given the limited capacity to 
accept large volumes of runoff, and potential erosion problems 
associated with large concentrated flows, stabilization controls should 
typically be used in combination with other management practices. These 
measures have been documented as particularly appropriate for mining 
sites.
    (i) Topsoiling, Seedbed Preparation--The addition of a layer of 
topsoil or plant growth material provides an improved soil medium for 
plant growth. Seedbed preparation may include the addition of topsoil 
ingredients to be mixed in with soils used for seedbed preparation.
    (ii) Broadcast Seeding and Drill Seeding--Seeding and vegetative 
planting are methods used to revegetate an area. Broadcast seeding 
spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
areas, flat surfaces, and areas with limited access.
    (iii) Willow Cutting Establishment--Willow cutting establishment 
describes a method of soil stabilization useful for stream banks and 
other areas located adjacent to water. Similar to biotechnical 
stabilization, willow cuttings are used to promote growth in an area 
needing stabilization. Willow cuttings are typically used to reinforce 
a streambank or other moist area.
    (iv) Plastic Matting, Plastic Netting, and Erosion Control 
Blankets--These BMPs are used to protect bare soils to control dust and 
erosion. Mats and blankets help to promote vegetative growth by 
maintaining moisture and heat within the soil. 

[[Page 50896]]

    (v) Mulch-straw or Wood Chips--Mulches and wood chips are useful 
temporary covers for bare or seeded soils, with an erosion control 
effectiveness rating of 75 to 98 percent.\52\ Like matting, mulch-straw 
or wood chips help soils retain moisture and warmth to promote 
vegetative growth.

    \52\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990.
---------------------------------------------------------------------------

    (vi) Compaction--Soil compaction using a roller or other heavy 
equipment increases soil ``strength'' by increasing its density. More 
dense soil is less prone to erosion and long-term soil settlement.
    (3) Capping. In some cases, the elimination of a pollution source 
through capping contaminant sources may be the most cost effective 
control measure for discharges from inactive ore mining and dressing 
facilities. Depending on the type of management practices chosen the 
cost to eliminate the pollutant source may be very high. Once 
completed, however, maintenance costs will range from low to 
nonexistent.
    Capping or sealing of waste materials is designed to prevent 
infiltration, as well as to limit contact between discharges and 
potential sources of contamination. Ultimately, capping should reduce 
or eliminate the contaminants in discharges. In addition, by reducing 
infiltration, the potential for seepage and leachate generation may 
also be lessened.
    EPA has identified a wide variety of best management practices 
(BMPs) that may be used to mitigate discharges of contaminants at 
active and inactive metal mines. Many of the practices focus on 
sediment and erosion control and are similar to BMPs used in the 
construction industry. These controls to prevent erosion and control 
sedimentation are the most effective if they are installed at the 
inception of operations and maintained throughout active operations and 
reclamation of the site. For more details on the use and implementation 
of these practices the reader is encouraged to obtain a copy of one or 
more of the many good sediment and erosion control books available on 
the market.\53\ In some cases (e.g., low pH and/or high metals 
concentrations), BMPs, and sediment and erosion controls may not be 
adequate to produce an acceptable quality of storm water discharge. 
Under those circumstances additional physical or chemical treatment 
systems may be necessary to protect the receiving waters.

    \53\ ``Best Management Practices for Mining in Idaho,'' Idaho 
Department of State Lands, November 1992; ``Storm Water Management 
for Construction Activities: Developing Pollution Prevention Plans 
and Best Management Practices,'' EPA, September 1992 (EPA 832-R-92-
005); and ``Erosion & Sediment Control Handbook,'' Goldman et al., 
McGraw-Hill Book Company, 1986.
---------------------------------------------------------------------------

    (4) Treatment. Treatment practices are those methods of control 
which normally are thought of as being applied at the ``end of the 
pipe'' to reduce the concentration of pollutants in water before it is 
discharged. This is in contrast to many BMPs, where the emphasis is on 
keeping the water from becoming contaminated. Treatment practices may 
be required where flows are currently being affected by exposed 
materials and other BMPs are insufficient to meet discharge goals. 
These practices are usually the most resource intensive, as they often 
require significant construction costs, and monitoring and maintenance 
on a frequent and regular basis. Treatment options may range from high 
maintenance controls to low maintenance controls. High maintenance 
treatment techniques require manpower to operate and maintain the BMP. 
Low maintenance cost techniques have initial capital costs but operate 
with low long-term maintenance after being implemented. At a few sites, 
treatment measures other than high maintenance measures may be 
appropriate to address specific pollutants.
    (a) Chemical/Physical Treatment--An example of a high maintenance 
technology that is found at many active metal mining facilities is 
chemical/physical treatment. The most common type of chemical/physical 
treatment involves the addition of lime or other such caustics to 
neutralize the discharges and/or precipitate metals. Metals may be 
removed from wastewater by raising the pH of the wastewater to 
precipitate them out as hydroxides.
    (b) Oil/Water Separators--Another example of a high maintenance 
treatment technology is an oil/water separator. An American Petroleum 
Institute (API) oil/water separator or similar type of treatment device 
which acts to skim oil and settle sludge can be used to remove oil from 
water.
    (c) Artificial Wetlands--This type of BMP system can be an 
effective system for improving water quality either alone or in 
conjunction with other treatment practices. Wetland processes are able 
to filter sediments, and absorb and retain chemical and heavy metal 
pollutants through biological degradation, transformation, and plant 
uptake.
    Natural wetlands should not be considered as part of the treatment 
system because they are considered to be waters of the United States. 
The necessary controls, or BMPs, must be provided prior to discharging 
the storm water runoff to natural wetlands or other receiving waters.
    In summary, a wide variety of BMPs are available for use at active 
and inactive metallic mining and milling facilities. These measures 
range from simple low cost, low maintenance source reduction practices 
such as diversion structures to high cost, maintenance intensive 
practices such as wetlands treatment. Clearly, the selection of a 
practice or group of practices will be site-specific depending on 
conditions and potential impacts as well as the resources available at 
each site. A specific best available technology (or technologies) 
cannot be determined because of the differences between sites and the 
quantities and characteristics of their discharges.
(4) Discharges Covered Under This Section
    Coverage under this section of today's permit is limited to all 
storm water discharges from inactive metal mining facilities and storm 
water discharges from the following areas of active metal mining 
facilities: topsoil piles; offsite haul/access roads if off active 
area; onsite haul roads if not constructed of waste rock or spent ore, 
and mine water is not used for dust control; runoff from tailings dams/
dikes when not constructed of waste rock/tailings and no process fluids 
are present; concentration building, if no contact with material piles; 
mill site, if no contact with material piles; chemical storage area; 
docking facility, if no excessive contact with waste product; explosive 
storage; reclaimed areas released from reclamation bonds prior to 
December 17, 1990; and partially/inadequately reclaimed areas or areas 
not released from reclamation bonds.
    Storm water discharges, or mine drainage discharges, which are 
subject to existing effluent limitations guidelines addressing storm 
water (or a combination of storm water and non-storm water) cannot be 
covered by this section. The effluent limitations guidelines that apply 
to active metal mining operations are contained in 40 CFR Part 440, Ore 
Mining and Dressing Point Source Category. These effluent guidelines 
include specific numeric limitations for mine drainage and discharges 
from mills, or ``no discharge'' requirements. Table G-4 identifies the 
discharge and source of the discharge from active metal mining 
facilities, that are subject to process wastewater limitations, mine 
drainage limitations, and storm water reporting requirements. Storm 
water discharges that are eligible 

[[Page 50897]]
for coverage under today's permit are identified under the coverage 
section of the permit. At all metal mining facilities, coverage under 
this section does not include adit drainage or contaminated springs or 
seeps. Table G-4 clarifies the applicability of the Effluent 
Limitations Guidelines found in 40 CFR Part 440. This table does not 
expand or redefine these Effluent Limitations Guidelines.

    Table G-4.--Applicability of 40 CFR Part 440 Effluent Limitations   
   Guidelines to Storm Water Runoff From Active Ore (Metal) Mining and  
                             Dressing Sites                             
------------------------------------------------------------------------
   Discharge/source of     Applicable ELG, if                           
        discharge             any (see key)           Note/comment      
------------------------------------------------------------------------
Land application area     MD                    PW--if Process fluids   
 runoff.                                         present.               
Crusher area............  MD                    PW--if Process fluids   
                                                 present.               
Piles (seepage and/or                                                   
 runoff):                                                               
    Spent ore...........  MD                    PW--if Process fluids   
                                                 present.               
    Surge/Ore...........  MD                    PW--if Process fluids   
                                                 present.               
    Waste rock/           MD                                            
     overburden.                                                        
    Topsoil.............  SW                                            
Drainage:                                                               
    Pit drainage          MD                                            
     (unpumped).                                                        
    Pit drainage          MD                                            
     (removed by                                                        
     pumping).                                                          
    Mine water from       MD                                            
     underground mines                                                  
     (unpumped), adit                                                   
     discharges.                                                        
    Mine water from       MD                                            
     underground mines                                                  
     (pumped).                                                          
    Seeps/French drains.  MD                    PW--if Process fluids   
                                                 present.               
Roads constructed of                                                    
 waste rock or spent                                                    
 ore:                                                                   
    Onsite haul roads...  MD                                            
    Offsite haul/access   SW                    (if off Active Area).   
     roads.                                                             
Roads not constructed of                                                
 waste rock or spent                                                    
 ore:                                                                   
    Onsite haul roads...  SW                    MD--if dust control with
                                                 MD water.              
    Offsite haul/access   SW                                            
     roads.                                                             
Milling/concentrating:                                                  
    Tailings impoundment/ PW                                            
     pile.                                                              
    Runoff from tailings  MD                    PW--if Process fluids   
     dams/dikes when                             present.               
     constructed of                                                     
     waste rock/tailings.                                               
    Runoff from tailings  SW                    PW--if Process fluids   
     dams/dikes when not                         present.               
     constructed of                                                     
     waste rock/tailings.                                               
    Heap leach pile       PW                                            
     runoff/seepage.                                                    
    Pregnant pond         PW                                            
     (barren and surge                                                  
     ponds also).                                                       
    Polishing pond......  PW                                            
    Concentration         SW                    If storm water only, and
     building.                                   no contact with piles. 
    Concentrate pile      PW                                            
     (product storage).                                                 
    Mill site...........  SW                    Same as concentration   
                                                 bldg.                  
Ancillary areas:                                                        
    Office/               UC                    Unless mixed with SW    
     administrative                              from industrial area,  
     building and                                then SW.               
     housing.                                                           
    Chemical storage      SW                                            
     area.                                                              
    Docking facility....  SW                    Excessive contact with  
                                                 waste product could    
                                                 constitute MD.         
    Explosive storage...  SW                                            
    Fuel storage (oil     SW                                            
     tanks/coal piles).                                                 
    Vehicle/equipment     SW                                            
     maintenance area/                                                  
     building.                                                          
    Parking areas.......  SW                    UC if only employee and 
                                                 visitor type parking.  
    Power plant.........  SW                                            
    Truck wash area.....  SW                    Excessive contact with  
                                                 waste product could    
                                                 constitute MD.         
Reclamation-related                                                     
 areas:                                                                 
    Any disturbed area    MD                    SW if inactive area.    
     (unreclaimed).                                                     
    Reclaimed areas       UC                                            
     released from                                                      
     reclamation bonds                                                  
     after Dec. 17 1990.                                                
    Reclaimed areas       SW                                            
     released from                                                      
     reclamation bonds                                                  
     prior to Dec. 17                                                   
     1990.                                                              
    Partially/            SW                                            
     inadequately                                                       
     reclaimed areas or                                                 
     areas not released                                                 
     from reclamation                                                   
     bond.                                                              
------------------------------------------------------------------------
KEY: UC--Unclassified; Not Subject to Storm Water Program or 40 CFR Part
  440 Effluent Limitations Guidelines (ELG); MD--Subject to 40 CFR Part 
  440 ELG for mine drainage; PW--Subject to 40 CFR Part 440 ELG for mill
  discharge or process (including zero discharge ELG); SW--Storm water  
  runoff from these sources are subject to the Storm Water Program, but 
  are not subject to 40 CFR 440 ELG unless mixed with discharges subject
  to the 440 CFR 440 ELG that are not regulated by another permit prior 
  to mixing. Non-storm water discharges from these sources are subject  
  to NPDES permitting and may be subject to the effluent limitation     
  guidelines under 40 CFR 440.                                          

    Temporarily inactive (e.g., winter closure, and portions of active 
mines that are no longer being mined, and where reclamation has not 
begun) mines will be permitted as an active mine. The following 
definitions apply to this section and are intended to provide 
clarification as to what is considered active, inactive, and 
temporarily inactive:
    The following definitions are only for this section of today's 
permit and are not intended to supersede the definitions of active and 
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):
    ``Active Metal Mining Facility'' is a place where work or other 
related 

[[Page 50898]]
activity to the extraction, removal, or recovery of metal ore is being 
conducted. With respect to surface mines, an ``active metal mining 
facility'' does not include any area of land on or in which grading has 
been completed to return the earth to a desired contour and reclamation 
work has begun.
    ``Inactive Metal Mining Facility'' means a site or portion of a 
site where metal mining and/or milling activities occurred in the past 
but is not an active metal mining facility, as defined in this permit 
and that portion of the facility does not have an active mining permit 
issued by the applicable (federal or state) government agency that 
authorizes mining at the site.
    ``Temporarily Inactive Metal Mining Facility'' means a site or 
portion of a site where metal mining and/or milling activities occurred 
in the past, but currently are not being actively undertaken, and the 
facility has an active mining permit issued by the applicable (federal 
or state) governmental agency that authorizes mining at the site.
    Operators of storm water discharges from mining related industrial 
activities such as vehicle maintenance, or power plants should refer to 
the appropriate sections of today's permit for specific guidance or 
requirements. Clearing, grading, and excavation activity that disturbs 
5 or more acres during the exploration or preparation for beginning 
active mining operations cannot be covered by this section. Coverage 
for this type of pre-mining activity can be covered by EPA's general 
permit for storm water discharges from construction activities or an 
applicable State-issued permit. Land disturbance activities associated 
with the active mining operations such as expansion of existing pits, 
can be covered by this section.
5. Storm Water Pollution Prevention Plan Requirements
    All facilities subject to this section must prepare and implement a 
storm water pollution prevention plan. The establishment of a pollution 
prevention plan requirement reflects EPA's decision to allow operators 
of ore mining and dressing facilities to utilize BMPs as the BAT/BCT 
level of control for the storm water discharges covered by this 
section. The requirements included in pollution prevention plans 
provide a flexible framework for the development and implementation of 
site specific controls to minimize pollutants in storm water 
discharges. This approach is consistent with the approach used in the 
baseline general permits finalized on September 9, 1992 (57 FR 41236).
    Pollution prevention can be an effective approach for controlling 
contaminated storm water discharges from metal mining facilities. 
Pollution prevention plans allow the operator of a facility to select 
BMPs based on site-specific considerations such as: facility size; 
climate; geographic location; hydrogeology; the environmental setting 
of each facility; and volume and type of discharge generated. This 
flexibility is necessary because each facility will be unique in that 
the source, type, and volume of contaminated surface water discharges 
will differ from site to site. In addition, EPA believes that the 
adoption of BMPs reduces environmental impacts by minimizing land 
disturbed areas susceptible to storm water runoff. Early implementation 
and maintenance of BMPs facilitates ongoing reclamation activities, 
reducing final reclamation costs associated with site closure. BMPs are 
also effective at temporarily or permanently inactive mine sites.
    There are two major objectives to a pollution prevention plan: 1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and 2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Specific requirements for a pollution prevention plan for ore 
mining and dressing facilities are described below. These requirements 
must be implemented in addition to the baseline pollution prevention 
plan provisions discussed previously.
    a. Active and Temporarily Inactive Metal Mining Facilities.
    (1) Description of Mining Activities. The storm water pollution 
prevention plan shall provide a narrative description of the mining and 
associated activities taking place at the site which affect or may 
affect storm water runoff intended to be covered by this section. The 
narrative description shall report the total acreage within the mine 
site, an estimate of the acreage of land currently disturbed, and an 
estimate of the total acreage that will be disturbed throughout the 
life of the mine. A general description of the mining site relative to 
major transportation routes and communities shall also be provided.
    (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 to storm water 
runoff or, during periods of dry weather, result in dry weather flows 
and mine pumpout. This assessment of storm water pollution 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. In addition to the baseline general requirements 
storm water pollution prevention plans must describe the following 
elements:
    (a) Drainage--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural features that control 
pollutants in storm water runoff 54 and process wastewater 
discharges (including mine drainage), surface water bodies (including 
wetlands), places where significant materials 55 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, waste disposal, haul roads, access 
roads, and rail spurs. The site map must also indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls (e.g. storm water and air conditioner condensate). 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.

    \54\ Nonstructural features such as grass swales and vegetative 
buffer strips also should be shown.
    \55\ Significant materials include, ``* * * but [are] not 
limited to: raw materials, fuels, materials such as solvents, 
detergents, and plastic pellets; finished materials such as metallic 
products; * * * hazardous substances designated under section 
101(14) of CERCLA; any chemical facilities required to report 
pursuant to section 313 of title III of SARA; fertilizers; 
pesticides; and waste products such as ashes, slag, and sludge that 
have the potential to be released with storm water discharge'' (40 
CFR 122.26(b)(12)). Significant materials commonly found at mining 
facilities include: overburden; raw materials; waste rock piles; 
tailings; petroleum based products; solvents and detergents; heap 
leach pads; tailings piles/ponds, both proposed and existing; and 
manufactured products, waste materials or by-products used or 
created by the facility.
---------------------------------------------------------------------------

    (b) Inventory of Exposed Materials--Facility operators are required 
to 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 

[[Page 50899]]
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 storm water runoff; existing structural controls that 
limit process wastewater discharges; 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.
    In addition, any existing ore or waste rock/overburden 
characterization data, including results of testing for acid rock 
generation potential must be included in the pollution prevention plan. 
The intent is to get an idea of the pollutants (e.g., heavy metals) 
that may be present in the ore and waste rock/overburden.
    (3) Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must evaluate, 
select, and describe the pollution prevention measures, best management 
practices (BMPs), and other controls that will be implemented at the 
facility. The permittee must assess the applicability of the following 
BMPs for their site: discharge diversions, drainage/storm water 
conveyance systems, runoff dispersions, sediment control and collection 
mechanisms, vegetation/soil stabilization, capping of contaminated 
sources, and treatment of storm water discharges. In addition, 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.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address the potential sources of storm water pollution. 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.
    Under the inspection requirements of the pollution prevention plan, 
operators of active facilities are required to conduct monthly visual 
inspections of BMPs and designated equipment and mine areas. Owner/
operators of temporarily inactive mining sites are required to conduct 
quarterly inspections. If weather conditions make the mine site 
inaccessible, the quarterly inspection will not be required. Active 
mining sites have frequent inspection periods because members of the 
pollution prevention team will be onsite, and the fact that they are 
active means there is a greater potential for pollution. The 
inspections shall include: (1) an assessment of the integrity of storm 
water discharge diversions, conveyance systems, sediment control and 
collection systems, and containment structures; (2) visual inspections 
of vegetative BMPs, serrated slopes, and benched slopes to determine if 
soil erosion has occurred; and (3) visual inspections of material 
handling and storage areas and other potential sources of pollution for 
evidence of actual or potential pollutant discharges of contaminated 
storm water.
    Under the employee training requirements of the pollution 
prevention plan, facility operators are required to conduct employee 
training programs at least annually. The intent of this frequency is to 
provide a reminder to the employees of the requirements of the storm 
water pollution prevention plan.
    (4) 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, including discharges that are subject to 
40 CFR Part 440. 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. Pollution prevention plans must identify and ensure the 
implementation of appropriate pollution prevention measures for the 
non-storm water discharge.
    Under the non-storm water discharge section of the pollution 
prevention plan, EPA will allow non-storm water discharges that mix 
with storm water under this section provided that the plan includes a 
certification that any non-storm water discharge which mixes with storm 
water is subject to a separate NPDES permit that applies applicable 
effluent limitations prior to the mixing of non-storm water and storm 
water. In such cases, the certification shall identify the non-storm 
water discharge(s), the applicable NPDES permit(s), the effluent 
limitations placed on the non-storm water discharge by the NPDES 
permit(s), and the point(s) at which the limitations are applied. In 
addition, Part III.A.2 of today's permit discusses non-storm water 
discharges that may be eligible for coverage under the permit.

b. Inactive Metal Mining Facilities

    (1) Pollution Prevention Team. The storm water pollution prevention 
plan must identify specific individual(s) who are responsible for the 
development, implementation, maintenance, and revision of the pollution 
prevention plan. The plan shall clearly identify the responsibilities 
of each team member. The activities and responsibilities of the team 
shall address all aspects of the storm water pollution prevention plan 
at the inactive facility. Members of the pollution prevention team do 
not have to be permanently located at the inactive facility, such as 
the requirement for any active facility.
    (2) Description of Mining Activities. The storm water pollution 
prevention plan shall provide a narrative description of the mining and 
associated activities that took place at the site. The narrative 
description shall report the approximate dates of operation, total 
acreage within the mine site and/or processing site, an estimate of the 
total acreage disturbed, and the activities (reclamation, etc.) that 
are currently taking place at the facility. A general description of 
the mining site relative to major transportation routes and communities 
shall also be provided.
    (3) Description of Potential Pollution Sources. Each storm water 
pollution prevention plan must describe activities, materials, and 
physical features of the facility that may contribute to storm water 
runoff or, during periods of dry weather, result in dry weather flows. 
This assessment of storm water pollution 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. In addition to the baseline general requirements 
storm water pollution prevention plans must describe the following 
elements: 

[[Page 50900]]

    (3) Drainage--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural features that control 
pollutants in storm water runoff 56 and process wastewater 
discharges (including mine drainage), surface water bodies (including 
wetlands), places where significant materials 57 are exposed to 
rainfall and runoff. The map also must show the location of the 
following: any remaining equipment storage, fueling, and maintenance 
areas; areas used for outdoor manufacturing, storage, or disposal of 
materials; the boundaries of former mining and milling sites; the 
location of each storm water outfall and an outline of the portions of 
the drainage area that are within the facility boundaries; tailings 
piles and ponds; mine drainage or any other process water discharge 
point; and an estimate of the direction of flow. In addition, the site 
map must also indicate the types of discharges contained in the 
drainage areas of the outfalls (e.g., storm water and air conditioner 
condensate). 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.

    \56\ Nonstructural features such as grass swales and vegetative 
buffer strips also should be shown.
    \57\ Significant materials include, ``* * * but [are] not 
limited to: raw materials, fuels, materials such as solvents, 
detergents, and plastic pellets; finished materials such as metallic 
products; * * * hazardous substances designated under section 
101(14) of CERCLA; any chemical facilities required to report 
pursuant to section 313 of title III of SARA; fertilizers; 
pesticides; and waste products such as ashes, slag, and sludge that 
have the potential to be released with storm water discharge'' (40 
CFR 122.26(b)(12)). Significant materials commonly found at mining 
facilities include: overburden; raw materials; waste rock piles; 
tailings; petroleum based products; solvents and detergents; heap 
leach pads; tailings piles/ponds, both proposed and existing; and 
manufactured products, waste materials or by-products used or 
created by the facility.
---------------------------------------------------------------------------

    (b) Inventory of Exposed Materials--The storm water pollution 
prevention plan shall include, for each outfall, an inventory and 
narrative description of any significant materials that may still be at 
the site. The description and locations of the significant materials 
should be consistent with those shown on the site map. 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 storm water runoff; 
existing structural controls that limit process wastewater discharges; 
and any treatment the runoff receives before it is discharged to 
surface waters or a separate storm sewer system.
    (c) Risk Identification and 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. The assessment must list any significant pollution 
sources at the site and identify the pollutant parameter or parameters 
(i.e., total suspended solids, arsenic, etc.) associated with each 
source.
    (4) Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must evaluate, 
select, and describe the pollution prevention measures, best management 
practices (BMPs), and other controls that will be implemented at the 
facility. The permittee must assess the applicability of the following 
BMPs for their site: discharge diversions, drainage/storm water 
conveyance systems, runoff dispersions, sediment control and collection 
mechanisms, vegetation/soil stabilization, capping of contaminated 
sources, and treatment of storm water discharges. In addition, 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 recognizes that 
inactive mine sites and abandoned mine sites will most likely require 
different storm water controls because the sources and types of 
contamination may vary. EPA notes that inactive facilities are not 
required to conduct inspections such as those described in Part 
XI.G.3.a.(4)(d) of the permit for active and temporarily inactive 
facilities. Inactive sites must, however, conduct comprehensive site 
compliance evaluations as discussed in paragraph (5) below.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address the potential sources of storm water pollution. 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.
    (5) Comprehensive Site Compliance Evaluation. Where annual site 
compliance evaluations are shown in the plan to be impractical for 
inactive mining sites due to the remote location and inaccessibility of 
the site, site evaluations required under this part shall be conducted 
at appropriate intervals specified in the plan, but, in no case less 
than once in 3 years.
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that active 
copper ore mining facilities may reduce the level of pollutants in 
storm water runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. In order to provide a tool 
for evaluating the effectiveness of the pollution prevention plan and 
to characterize the discharge for potential environmental impacts, the 
permit requires active copper ore mining and dressing facilities to 
collect and analyze samples of their storm water discharges for the 
pollutants listed in Table G-5. The pollutants listed in Table G-5 were 
found to be above levels of concern for a significant portion of active 
copper ore mining and dressing facilities that submitted quantitative 
data in the group application process. Because these pollutants have 
been reported at levels of concern from active copper ore mining and 
dressing facilities, EPA is requiring monitoring after the pollution 
prevention plan has been implemented to assess the effectiveness of the 
pollution prevention plan and to help ensure that a reduction of 
pollutants is realized.
    At a minimum, storm water discharges from active metal mining 
facilities must be monitored quarterly during the second year of permit 
coverage. Samples must be collected at least once in each of the 
following periods: January through March; April through June; July 
through September; and October through December. At the end of the 
second year of permit coverage, a facility must calculate the average 
concentration for each parameter listed in Table G-5. If the permittee 
collects more than four samples in this period, then they must 
calculate an average concentration for each pollutant of concern for 
all samples analyzed.

                                                                        

[[Page 50901]]
              Table G-5.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)......................  120 mg/L            
Total Suspended Solids (TSS)......................  100 mg/L            
Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
------------------------------------------------------------------------



    If the average concentration for a parameter is less than or equal 
to the value listed in Table G-5, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table G-5, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit.

                   Table G-6.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table G-5, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table G-
                            5, then no further sampling is required for 
                            that parameter.                             
 4th Year of Permit         Conduct quarterly monitoring for any
 Coverage..                 parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table G-5.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Table G-5 are not 
numerical effluent limitations. These values represent a level of 
pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data, reported concentrations greater 
than or equal to the values listed in Table G-5. Facilities that 
achieve average discharge concentrations which are less than or equal 
to the values in Table G-5 are not relieved from the pollution 
prevention plan requirements or any other requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
the monitoring reports required under paragraph c below, under penalty 
of law, signed in accordance with Part VII.G. of the permit (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, significant materials 
from past industrial activity, that are located in areas of the 
facility that are within the drainage area of the outfall are not 
presently exposed to storm water and will not be exposed to storm water 
for the certification period. Such certification must be retained in 
the storm water pollution prevention plan and submitted to EPA in 
accordance with Part VI.C. of this permit. In the case of certifying 
that a pollutant is not present, the permittee must submit the 
certification along with the monitoring reports required under 
paragraph (b) below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum quarterly requirements an additional 
Discharge Monitoring Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding 

[[Page 50902]]
measurable storm event did not result in a measurable discharge from 
the facility. The required 72-hour storm event interval may also be 
waived where the permittee documents that less than a 72-hour interval 
is representative for local storm events during the season when 
sampling is being conducted. The grab sample shall be taken during the 
first 30 minutes of the discharge. If the collection of a grab sample 
during the first 30 minutes is impracticable, a grab sample can be 
taken during the first hour of the discharge, and the discharger shall 
submit with the monitoring report a description of why a grab sample 
during the first 30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one such outfall and report that the quantitative data also 
applies to the substantially identical outfall(s) provided that the 
permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    F. Visual Examination of Storm Water Quality. Metal mining 
facilities shall perform and document a visual examination of a storm 
water discharge associated with industrial activity from each outfall, 
except discharges exempted below. The examination of storm water 
quality must be conducted at least once in each of the following 3-
month periods: January through March, April through June, July through 
September, and October through December. The examination shall be made 
during daylight hours unless there is insufficient rainfall or snow 
melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
storm water pollution prevention plan. The report shall include the 
examination date and time, examination personnel, the nature of the 
discharge (i.e., runoff or snow melt), visual quality of the storm 
water discharge (including observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution), and probable 
sources of any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
7. Numeric Effluent Limitations.
    There are no numeric effluent limitations beyond those described in 
Part VI.B. of this permit.

H. Storm Water Discharges Associated With Industrial Activity From Coal 
Mines and Coal Mining-Related Facilities

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water associated with industrial activity.'' This 
definition includes point source discharges of storm water from eleven 
major categories of facilities, including: ``* * * (iii) facilities 
classified as Standard Industrial Classification (SIC) codes 10 through 
14 including active or 

[[Page 50903]]
inactive mining operations (except for areas of coal mining operations 
no longer meeting the definition of a reclamation area under 40 CFR 
434.11(l) because the performance bond issued to the facility by the 
appropriate SMCRA authority has been released, or except for areas of 
noncoal mining operations which have been released from applicable 
State or Federal reclamation requirements after December 17, 1990) and 
oil and gas exploration, production, processing, or treatment 
operations, or storm water contaminated by contact with any overburden, 
raw material, intermediate products, finished products, by-products or 
waste products located on the site of such operations.''
    This section only covers storm water discharges associated with 
industrial activities from inactive 58 coal mines and from access 
roads, haul roads, and rail lines at active coal mines. Coal mines and 
coal mining-related facilities subject to requirements under this 
section include the following types of operations: bituminous coal and 
lignite surface mining (SIC 1221); bituminous coal underground mining 
(SIC 1222); anthracite mining (SIC 1231); and coal mining services (SIC 
1241).

    \58\ Inactive mining operations are mining sites that are not 
being actively mined, but which have an identifiable owner/operator.
---------------------------------------------------------------------------

    Storm water discharges authorized by this section include storm 
water discharges at inactive coal mines where precipitation and storm 
water runon come into contact with significant materials including, but 
not limited to, raw materials, waste products, and by-products, 
overburden, and stored materials. This section also authorizes storm 
water discharges from haul roads, access roads, and rail lines used or 
traveled by carriers of raw materials, manufactured products, waste 
materials, or by-products created by active coal mining facilities. The 
following activities are covered under this section:

Haul Roads--Nonpublic roads on which coal or coal refuse is conveyed
Access Roads--Nonpublic roads providing light vehicular traffic within 
the facility property and to public roadways
Railroad Spurs, Sidings, and Internal Haulage Lines--Rail lines used 
for hauling coal within the facility property and to offsite commercial 
railroad lines or loading areas
Conveyor Belts, Chutes, and Aerial Tramway Haulage Areas--Areas under 
and around coal or refuse conveyor areas, including transfer stations
Equipment Storage and Maintenance Yards
Coal Handling Buildings and Structures

    Inactive Coal Mines and Related Areas--Abandoned and other inactive 
mines, refuse disposal sites and other mining-related areas. This 
includes abandoned mine sites being reclaimed under Title IV of the 
Surface Mining Control and Reclamation Act. Not covered by this section 
are discharges from sites, or parts of sites, which are determined to 
cause or contribute to water quality standards violations.
    This section does not cover any discharge subject to effluent 
limitation guidelines. Discharges from active facilities and those 
under reclamation are subject to NPDES permits and require treatment to 
meet specific effluent guideline limits as specified in 40 CFR Part 434 
for pH, iron, manganese, suspended solids, and settleable solids. Storm 
water that does not come into contact with any overburden, raw 
material, intermediate product, finished product, byproduct, or waste 
product located on the site of the operation are not subject to 
permitting under this section according to Section 402(l)(2) of the 
Clean Water Act.
    This section also does not cover storm water discharges associated 
with industrial activity from inactive coal mines located on Federal 
lands, unless an operator can be identified. These discharges are not 
eligible because they are more appropriately covered under an NPDES 
permit currently being developed.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Coal is a black, primarily organic substance formed from compressed 
layers of decaying organic matter millions of years ago.59 Factors 
such as the fixed carbon content, volatile matter fraction, and heating 
value, determine whether coal is classified as lignite, sub-bituminous, 
bituminous, or anthracite. The coal mining and related facilities 
industry extracts and processes coal. There are two methods of coal 
mining: surface mining and underground mining. Surface mining is a 
method utilized when the coal is close to the earth's surface and it is 
economically viable to remove and store the overburden, which can later 
be used for reclamation. Underground mining occurs when coal is too 
deep to be surface mined or environmental restrictions prohibit surface 
mining.

    \59\ ``Development Document for Final Effluent Limitations 
Guideline, New Source Performance Standards, and Pretreatment 
Standards for the Coal Mining Point Source Category.'' EPA. 1982.
---------------------------------------------------------------------------

    Coal preparation activities increase the value of coal by removing 
impurities through size reduction, screening, gravity separation, 
dewatering, and drying. After this step, coal is ready to be shipped 
for further processing. The impurities, including shales, clays, low 
reject coal, and possibly some acidic materials, are then conveyed to 
refuse disposal facilities.
    These mining methods and coal preparation activities occur during 
the active phase of mining and are not authorized by this section nor 
are they included in the storm water regulation. Most areas at active 
mine sites are covered by the Surface Mining Control and Reclamation 
Act (SMCRA). Discharges from these areas are considered process 
wastewaters and are covered under a separate NPDES permit. Today's 
permit only addresses storm water discharges from coal mines and 
related areas that are not already subject to effluent limitation 
guidelines under 40 CFR Part 434. Storm water discharges not subject to 
the effluent limitation guidelines may include discharges from the 
following areas:
    a. Access Roads, Haul Roads, and Rail Lines. Access roads, haul 
roads, and rail lines are used for the transportation of coal, refuse 
(waste materials, old equipment, etc.), and overburden away from the 
mine workings. To build access and haul roads, common land disturbing 
activities such as vegetation clearing and soil grading are necessary. 
Refuse coal and overburden may be used as a road base material. Road 
building activities increase the potential for the offsite discharge of 
sediment in storm water runoff. In addition, coal, overburden, and 
refuse materials may be spilled during loading and unloading operations 
and during the transport of such materials along access roads, haul 
roads, and rail spurs.
    b. Inactive Mine Sites. Although industrial processes have ended at 
inactive mine sites, the significant materials associated with those 

[[Page 50904]]
industrial processes may remain at the site and contaminate storm water 
discharges. The areas at inactive surface or underground coal mines 
which are included in the storm water regulation include former 
locations of: conveyor belts, chutes, and aerial tramways; equipment 
storage and maintenance yards; coal preparation plants; and coal 
handling buildings and storage areas.
    Inactive mine sites are regulated because significant materials 
remain onsite. The significant materials include, but are not limited 
to: coal piles, including coal refuse piles; used and old equipment, 
including boneyards; overburden; waste disposal sites; and waste 
materials. In addition, in certain areas where machinery has been 
intensively used or abandoned, waste lubricating fluids, solvents, and 
contaminated soils may be present. These materials are typically 
present outdoors and are exposed to storm water discharges.
2. Pollutants Found in Storm Water Discharges
    Impacts caused by storm water discharges from active haul roads, 
access roads and rail lines and inactive coal mine and coal mining-
related facilities will vary. Several factors influence to what extent 
significant materials from coal mines and coal mining-related 
facilities may affect water quality. Such factors include: geographic 
location; hydrogeology; the type of coal extracted; the mineralogy of 
the extracted resource and the surrounding rock; how the coal was 
extracted; the type of industrial activities occurring onsite; the size 
of the operation; and type, duration, and intensity of precipitation 
events. Each of these, and other, factors will interact to influence 
the quantity and quality of storm water runoff. For example, overburden 
may be a significant source of pollutants at some facilities, while 
storage areas are a primary source at others. In addition, sources of 
pollutants other than storm water, such as illicit connections,60 
spills, and other improperly dumped materials, may increase the 
pollutant loads discharged into waters of the United States.

    \60\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any number of sources 
including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at coal mines and coal mining related facilities is low 
yet it still may be applicable at some operations.
---------------------------------------------------------------------------

    Storm water discharges from haul roads of active sites and inactive 
mine sites may include many of the pollutants common to active coal 
mining operations. These pollutants may include acids, suspended 
solids, dissolved solids, iron, manganese, and traces of other metals. 
Table H-1 indicates the pollutant sources and pollutants for a number 
of industrial activities for coal mines authorized by this section.
    Another problem at coal mines is acid mine drainage. In general, 
the problems of acid mine drainage are confined to western Maryland, 
northern West Virginia, Pennsylvania, western Kentucky, and along the 
Illinois-Indiana border. Acid mine drainage is not a problem in the 
West because the coals and overburden contain little pyrite, the 
precursor for acid mine drainage, and because of low annual 
precipitation.

        Table H-1.--Activities, Pollutant sources, and Pollutants       
------------------------------------------------------------------------
      Activity            Pollutant source              Pollutant       
------------------------------------------------------------------------
Road and Rail         Surface grading and       Dust, TSS, TDS,         
 Construction and      exposure of soils.        turbidity, pH.         
 Maintenance--Active                                                    
 Sites.                                                                 
Raw or Waste          Material spills.........  Dust, TSS, TDS,         
 Material                                        turbidity, pH,         
 Transportation.                                 sulfates, iron.        
Location of Mining    Raw Material Storage....  Dust, TSS, TDS,         
 and Processing                                  turbidity, pH sulfates,
 Activities at                                   iron.                  
 Inactive Coal Mines.                                                   
                      Waste Rock Storage......  Dust, TSS, TDS,         
                                                 turbidity, sulfates,   
                                                 iron, pH.              
                      Disposal Areas..........  Dust, TSS, TDS,         
                                                 turbidity, pH, oil &   
                                                 grease.                
                      Surface and Underground   Dust, TSS, TDS,         
                       Mines.                    turbidity, pH,         
                                                 sulfates, iron.        
                      Materials Handling and    Dust, TSS, TDS,         
                       Loading/Unloading.        turbidity, pH,         
                                                 sulfates, iron.        
Equipment/Vehicle     Fueling Activities......  Diesel fuel, gasoline,  
 Maintenance.                                    oil, COD.              
                      Parts Cleaning..........  Solvents, oil, heavy    
                                                 metals, acid/alkaline  
                                                 wastes.                
                      Waste disposal of oily    Oil, heavy metals,      
                       rags, oil and gas         solvents, acids, COD.  
                       filters, batteries,                              
                       coolants, degreasers.                            
Reclamation           Site preparation for      Dust, TSS, TDS,         
 Activities.           stabilization.            turbidity.             
------------------------------------------------------------------------

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at coal 
mining facilities as a whole and not subdivide this sector. Therefore, 
Table H-2 lists data for selected parameters from facilities in the 
coal mining sector. These data include the eight pollutants that all 
facilities were required to monitor for under Form 2F, as well as the 
pollutants that EPA determined merit further monitoring.

                       Table H-2.--Statistics for Selected Pollutants Reported by Coal Mines and Coal Mining-Related Facilities Submitting Part II Sampling Data i (mg/L)                       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      No. of        No. of Samples          Mean               Minimum             Maximum              Median          95th percentile       99th percentile   
                                    Facilities    ----------------------------------------------------------------------------------------------------------------------------------------------
      PollutantSample type      ------------------                                                                                                                                              
                                   Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab      Comp       Grab        Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...........................       16        7       19        8      3.1       3.5       0.0       0.0        9.0      17.4       3.0       1.0       15.0      14.4        33.1       33.9 
COD............................       21       11       25       12     22.9      18.8       0.0       0.0      275.0     115.0       0.0       4.0      102.0      86.9       237.5      184.6 
Nitrate + Nitrite Nitrogen.....       17       10       20       10      0.38      0.68      0.00      0.00       3.12      3.12      0.00      0.17       1.85      3.55        3.45       8.60
Total Kjeldahl Nitrogen........       18       11       21       12      1.55      1.78      0.00      0.00       5.20      7.40      0.66      0.39      10.33     10.25       32.01      31.31
Oil & Grease...................       27      N/A       31      N/A      1.7     N/A         0.0     N/A         13.9     N/A         1.0     N/A          6.5     N/A          13.6      N/A   
pH.............................       29      N/A       33      N/A    N/A       N/A         5.9     N/A          8.9     N/A         7.0     N/A          8.6     N/A           9.3      N/A   
Total Phosphorus...............       18        9       20        9      0.36      0.08      0.00      0.00       5.90      0.58      0.00      0.00       1.40      0.61        5.00       1.37

[[Page 50905]]
                                                                                                                                                                                                
Total Suspended Solids.........       18       11       22       12   2551       462         0         2      33420      3880         7       131       3167      3011       23454      13634   
Aluminum, Total................        7        4        9        6     87.38      8.28      0.00      0.10     517.58     38.84      5.72      2.33     898.16     54.11     6089.45     198.54
Iron, Total....................       11        9       13       10    193.9      53.3       0.6       1.1      930.0     294.0       9.2      11.0     1639.1     284.0      9593.9      981.7 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


    Storm water discharges from inactive and abandoned coal mines, 
preparation, refuse disposal sites, haul roads and other inactive 
mining-related areas may contain substantial amounts of pollutants 
without the benefits of sediment and erosion control measures. Sampling 
data in the EPA 1982 ``Development Document for Effluent Guidelines and 
Standards for Coal Mining'' reveal typical ranges for untreated mine 
drainage and are indicated in Table H-3. The data are based on 
untreated surface and underground drainage and may not be typical of 
inactive sites subject only to storm water runoff. For example, a high 
proportion of underground mines in the survey may have resulted in the 
relatively low median levels of suspended solids. However, it does 
indicate the potential array of conventional mining pollutants which 
could be present in abandoned mine drainage.
3. Options for Controlling Pollutants
    Mining facilities are often dissimilar to other types of industrial 
facilities because they may be situated in remote locations, operate 
only seasonally or intermittently, yet need year-round storm water 
management controls. EPA believes that the most effective storm water 
management controls for limiting the offsite discharge of storm water 
pollutants from active and inactive coal mines are source reduction 
BMPs. Source reduction BMPs are methods by which discharges of 
contaminants are controlled with little or no required maintenance. 
Examples of these types of controls include diversion dikes, vegetative 
covers, and berms. Source reduction practices are typically (but not 
always) low in cost and relatively easy to implement. In some 
instances, more resource intensive treatment BMPs, including 
sedimentation ponds and infiltration trenches, may be necessary 
depending upon the type of discharge, types and concentrations of 
contaminants, and volume of flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
and volume and type of discharge generated. Each facility will be 
unique in that the source, type, and volume of contaminated storm water 
discharges will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with active and inactive coal mines.
    BMPs that minimize erosion and sedimentation are effective for 
areas along haul and access roads, and for inactive mines. Many BMPs 
were not listed by part 1 group application participants because the 
major application submitted by the National Coal Association and the 
American Mining Congress was comprised of only active mine sites. The 
only portions of an active mine site to which this section of today's 
permit applies are haul roads, railways, and conveyor belts, chutes, 
and aerial tramway haulage areas. Because the scope of storm water 
program, as it applies to active coal mining sites, is limited, the 
applicants were not required to provide EPA with BMP data for process 
wastewater discharges. Furthermore, active surface mines are subject to 
30 CFR Part 816 and active underground mines are subject to 30 CFR Part 
817, both which require the implementation of BMPs.
    Since many coal facilities are required to have BMPs, the data 
presented in part 1 of the application may underestimate the percentage 
of facilities with storm water BMPs.
    Because BMPs described in the part I data are limited, EPA is 
providing an overview of supplementary BMPs for use by facility 
operators to determine appropriate BMPs for haul and access roads at 
active coal mines and for inactive coal mines. However, due to the 
site-specific nature of facilities within this sector, BMPs cited do 
not preclude the use of other viable BMP options. Table H-3 summarizes 
BMP options as they apply to land disturbance activities at active and 
inactive coal mining facilities. Sources of BMP information include: 
``Sediment and Erosion Control: An Inventory of Current Practices--
Draft,'' EPA, April 20, 1990; ``Storm Water Management for Industrial 
Activities: Developing Pollution Prevention Plans and Best Management 
Practices,'' EPA, September, 1992, (EPA 832-R-92-006); ``Best 
Management Practices for Mining in Idaho,'' Idaho Department of Lands, 
November 1992; and ``Erosion & Sediment Control Handbook,'' Goldman et 
al., McGraw-Hill Book Company, 1986.

                                       Table H-3.--Summary of Mine Areas and Applicable Best Management Practices                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Sediment control &                                             
 Land-disturbed area  Discharge diversions   Conveyance systems     Runoff dispersion        collection            Vegetation            Containment    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haul Roads and        Dikes, Curbs, Berms.  Channels, Gutters,    Check Dams, Rock      Gabions, Riprap,      Seeding, Willow                           
 Access Roads.                               Culverts, Rolling     Outlet Protection,    Native Rock           Cutting                                  
                                             Dips, Road Sloping,   Level Spreaders,      Retaining Walls,      Establishment .                          
                                             Roadway Water         Stream Alteration,    Straw Bale                                                     
                                             Deflectors.           Drop Structures.      Barriers, Sediment                                             
                                                                                         Traps/Catch Basins,                                            
                                                                                         Vegetated Buffer                                               
                                                                                         Strips.                                                        

[[Page 50906]]
                                                                                                                                                        
Pits/Quarries or      Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Sediment Settling     Seeding.............  Plugging and        
 Underground Mines.                                                Benched Slopes,       Ponds, Straw Bale                           Grouting.          
                                                                   Contouring, Stream    Barrier, Siltation                                             
                                                                   Alteration.           Berms.                                                         
Overburden, Waste     Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Plastic Matting,      Topsoiling, Seedbed   Capping.            
 Rock and Raw                                                      Benched Slopes,       Plastic Netting,      Preparation,                             
 Material Piles.                                                   Contouring, Stream    Erosion Control       Seeding.                                 
                                                                   Alteration.           Blankets, Mulch-                                               
                                                                                         straw, Compaction,                                             
                                                                                         Sediment/Settling                                              
                                                                                         Ponds, Silt Fences,                                            
                                                                                         Siltation Berms.                                               
Reclamation.........  Dikes, Curbs, Berms.  Channels, Gutters...  Check Dams, Rock      Gabions, Riprap, and  Topsoiling, Seedbed   Capping, Plugging   
                                                                   Outlet Protection,    Native Rock           Preparation,          and Grouting.      
                                                                   Level Spreaders,      Retaining Walls,      Seeding, Willow                          
                                                                   Serrated Slopes,      Biotechnical          Cutting                                  
                                                                   Benched Slopes,       Stabilization,        Establishment.                           
                                                                   Contouring, Drain     Straw Bale                                                     
                                                                   Fields, Stream        Barriers, Sediment                                             
                                                                   Alteration, Drop      Traps/Catch Basins,                                            
                                                                   Structures.           Vegetative Buffer                                              
                                                                                         Strips, Silt                                                   
                                                                                         Fences, Siltation                                              
                                                                                         Berms, Brush                                                   
                                                                                         Sediment Barriers.                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Haul Roads and Access Roads--Placement of haul roads or access 
roads should occur as far as possible from natural drainage areas, 
lakes, ponds, wetlands or floodplains where soil will naturally be less 
stable for heavy vehicle traffic. If a haul road must be constructed 
near water, as little vegetation as possible should be removed from 
between the road and the waterway, as vegetation is a useful buffer 
against erosion and is an efficient sediment collection mechanism. The 
width and grade of haul or access roads should be minimal and should be 
designed to match natural contours of the area. Construction of haul 
roads should be supplemented by BMPs that divert runoff from road 
surfaces, minimize erosion, and direct flow to appropriate channels for 
discharge to treatment areas. Existing haul roads and nearby ditches, 
without BMPs, can be altered or modified to accommodate the 
construction of BMPs.
    Surface Mines--BMPs can be used to control total suspended solids 
levels in runoff from unvegetated areas. These can include sediment/
settling ponds, check dams, silt fences, and straw bale barriers.
    Overburden, Waste Rock, and Raw Material Piles--Overburden, 
topsoil, and waste rock should be stabilized, recontoured if necessary, 
and vegetated. In addition surface waters and other sources of water 
should be diverted around the piles. As many piles as possible should 
be revegetated (even if only on a temporary basis).
    Reclamation Activities--When a coal seam is depleted and operations 
cease, a mine site must be reclaimed according to appropriate State or 
Federal standards. Closure activities typically include restabilization 
of any disturbed areas such as access or haul roads, pits or quarries, 
sedimentation ponds or work-out pits, and any remaining waste piles. 
Overburden and topsoil stockpiles may be used to fill in a pit or 
quarry (where practical.) Recontouring and vegetation should be 
performed to stabilize soils and prevent erosion.
    Major reclamation activities such as recontouring roads and filling 
in a pit or quarry can only be performed after operations have ceased. 
However, reclamation activities such as stabilization of banks, and 
reseeding and revegetation should be implemented in mined out portions, 
or inactive areas of a site as active mining moves to new areas.
    The following seven categories describe best management practice 
options for reducing pollutants in storm water discharges from haul and 
access roads for active coal mines and for inactive mines: discharge 
diversions; drainage/storm water conveyance systems; runoff dispersion; 
sediment control and collection; vegetation/soil stabilization; capping 
of contaminated sources; and treatment.
    a. Discharge Diversions. Discharge diversions provide the first 
line of defense in preventing the contamination of discharges, and 
subsequent contamination of receiving waters of the United States. 
Discharge diversions are temporary or permanent structures installed to 
divert flow, store flow, or limit storm water runon and runoff.
    These diversion practices have several objectives. First, diversion 
structures can be designed to prevent otherwise uncontaminated (or less 
contaminated) water from crossing disturbed areas or areas containing 
significant amounts of contaminated materials, where contact may occur 
between runon and significant materials. These source reduction 
measures may be particularly effective for inactive coal mine sites 

[[Page 50907]]
because they prevent runon of uncontaminated discharges from contacting 
exposed materials and/or reduce the flow across disturbed areas, 
thereby lessening the potential for erosion. Second, diversion 
structures can be used to collect or divert waters for later treatment, 
if necessary. The usefulness of these control measures are limited by 
such factors as the size of the area to be controlled and the type and 
nature of materials exposed and precipitation events.
    Diversion dikes, curbs, and berms are temporary or permanent 
diversion structures that prevent runoff from passing beyond a certain 
point, and divert runoff away from its intended path. Dikes, curbs or 
berms may be used to surround and isolate areas of concern, diverting 
flow around piles of overburden, waste rock, and storage areas, to 
minimize discharge contact with contaminated materials and to limit 
discharges of contaminated water from confined areas.
    b. Drainage/Storm Water Conveyance Systems. Drainage or storm water 
conveyance systems can provide either a temporary or a permanent 
management practice which functions to channel water away from eroded 
or unstabilized areas, convey runoff without causing erosion, and/or 
carry discharges to more stabilized areas. The use of drainage systems 
as a permanent measure may be most appropriate in areas with extreme 
slopes, areas subject to high velocity runoff, and other areas where 
the establishment of substantial vegetation is infeasible or 
impractical. For instance, several BMPs described below may be useful 
storm water and erosion control methods applicable to haul roads and 
access roads.
    Channels or Gutters--Channels or gutters collect storm water runoff 
and direct its flow. Like diversion systems, channels or gutters may 
act to divert runoff away from a potential source of contamination, but 
may also be used to channel runoff to a collection and/or treatment 
area including settling ponds, basins or work-out pits.
    Open Top Box Culverts, and Waterbars--These structures are 
temporary or permanent structures that divert water from a roadway 
surface. Open top box culverts may be used on steeply graded, unpaved 
roads in place of pipe culverts to divert surface runoff and flow from 
inside ditches onto the downhill slope of a road. These structures are 
typically made of wood and should periodically be monitored and 
repaired if necessary.
    Waterbars are berms built by a dozer, or by hand, to a one to two 
foot height. They serve to extend the entire width of the road, with a 
downslope angle between 30 and 40 percent. Waterbars are kept open at a 
discharge end to allow water to flow away from the road, and require 
little maintenance. These berms may be used as temporary or permanent 
structures.
    Rolling Dips and Road Sloping--Rolling dips and road sloping are 
permanent water diversion techniques installed using natural contours 
of the land during road construction. These BMPs prevent water 
accumulation on road surfaces and divert surface runoff toward road 
ditches, which then convey the storm water to ponds or other management 
areas.
    Roadway Surface Water Deflector--A roadway surface water deflector 
is another technique to prevent accumulation of water on road surfaces. 
The structure uses a conveyor belt sandwiched between two pieces of 
treated wood and placed within the road to deflect water. This is a 
useful technique for steeply graded, unpaved roads.
    Culverts--Culverts are permanent surface water diversion mechanisms 
used to convey water off of, or underneath a road. Made of corrugated 
metal, they must extend across the entire width of the road, and beyond 
the fill slope. Additional erosion control mechanisms may need to be 
installed at the discharge end of the culvert.
    c. Runoff Dispersion. Drainage systems are most effective when used 
in conjunction with runoff dispersion devices designed to slow the flow 
of water discharged from a site. These devices also aid storm water 
infiltration into the soil and flow attenuation. Some examples of 
velocity dissipation devices include check dams, rock outlet 
protection, level spreaders, and serrated and benched slopes.
    Check Dams--Check dams are small temporary dams constructed across 
swales or drainage ditches to reduce the velocity of runoff flows, 
thereby reducing erosion and failure of the swale or ditch. This 
slowing reduces erosion and gullying in the channel and allows 
sediments to settle.
    Check dams may be installed in small temporary or permanent 
channels where vegetation of the channel lining is not feasible and 
where there is danger of erosion. These may be areas where installation 
of nonerosive liners are not cost effective.
    Check dams diminish the need for more stringent erosion control 
practices in the drainage ditch since they decrease runoff velocity. 
When constructing check dams, the use of overburden or waste rock 
should be avoided where there is the potential for contamination.
    Rock Outlet Protection--Rock protection placed at the outlet end of 
culverts, channels, or ditches reduces the depth, velocity, and 
destructive energy of water such that the flow will not erode the 
downstream reach. The use of some materials (e.g., mine waste rock or 
ore) should be avoided where contamination may occur. As with check 
dams, rock outlet protection may also be used as a source reduction 
treatment mechanism by using rocks containing limestone or other 
alkaline materials to neutralize acidic discharges.
    Level Spreaders--Level spreaders are outlets for dikes and 
diversions consisting of an excavated depression constructed at zero 
grade across a slope. Level spreaders diffuse storm water point sources 
and release it onto areas stabilized by existing vegetation.
    Serrated Slopes and Benched Slopes--These runoff dispersion methods 
break up flow of runoff from a slope, decreasing its ability to erode. 
Serrated and benched slopes provide flat areas that allow water to 
infiltrate, and space for vegetation to grow and reinforce soils. 
Serrated slopes are equipped with small steps, from one to two feet of 
horizontal surface exposed on each step. Benched slopes have larger 
steps, with vertical cuts between two and four feet high.
    Contouring--Surface contouring is the establishment of a rough soil 
surface amenable to revegetation, through creating horizontal grooves, 
depressions, or steps that run with the contour of the land. Slopes may 
also be left in a roughened condition to reduce discharge flow and 
promote infiltration. Surface roughening aids in the establishment of 
vegetative cover by reducing runoff velocity and giving seed an 
opportunity to take hold and grow. This technique is appropriate for 
all slopes steeper than 3:1 in order to facilitate stabilization of the 
slope and promote the growth of a vegetative cover. Once areas have 
been contoured, they should be seeded as quickly as possible.
    Drain Fields--Drain fields are used to prevent the accumulation of 
water and/or ground water at a site, by diverting infiltrating sources 
through gravity flow or pumping. Typically filled with porous, 
permeable materials such as graded rock, or perforated pipe, and lined 
with geotextile fabric, these mechanisms are useful underneath 
significant materials, reducing the amount of water that ultimately 
comes into contact with significant materials. 

[[Page 50908]]

    Stream Alteration--Altering or channelizing the path of a stream to 
bypass all or some disturbed areas on a site, allows additional mining 
activities, and avoids contamination of stream water by disturbed 
lands. This practice is complicated, however, by the need to restore 
the channel when mining operations end.
    Drop Structures--Drop structures are large angular rocks placed in 
a V-shaped pattern to slow the velocity of storm water runoff. These 
structures are typically reinforced by logs or large rocks imbedded in 
the streambanks.
    d. Sediment Control and Collection. Sediment control and collection 
limits movement and retains sediments from being transported offsite. 
Several structural collection devices have been developed to remove 
sediment from runoff before it leaves the site. Several methods of 
removing sediment from site runoff involve diversion mechanisms 
previously discussed, supplemented by a trapping or storage device. 
Structural practices typically involve filtering diffuse storm water 
flows through temporary structures such as straw bale dikes, silt 
fences, brush barriers or vegetated areas.
    Structural practices are typically low in cost. However, structural 
practices require periodic removal of sediment to remain functional. As 
such, they may not be appropriate for permanent use at inactive mines. 
However, these practices may be effectively used as temporary measures 
along haul roads and access roads.
    Plastic Matting, Plastic Netting, and Erosion Control Blankets--
These BMPs are used to protect bare soils to control dust and erosion. 
Mats and blankets help to promote vegetative growth by maintaining 
moisture and heat within the soil. Plastic matting and netting improve 
slope stabilization and may be used as a permanent treatment to 
encourage grass growth. Plastic netting is a more effective material to 
use while promoting growth of vegetation as it permits sunlight to 
penetrate through to the soils. Erosion control blankets also stabilize 
slopes, and control erosion. These blankets may be made of jute, or 
plastic netting, but are more expensive than straw.
    Mulch-straw or Wood Chips--Mulches and wood chips are useful 
temporary covers for bare or seeded soils, with an erosion control 
effectiveness rating of 75 to 98 percent.\61\ Like matting, mulch-straw 
or wood chips help soils retain moisture and warmth to promote 
vegetative growth. Used on slopes and/or in combination with nylon 
netting, these materials may prevent erosion by wind and water. Over 
time, however, the mulch cover will decrease in effectiveness.

    \61\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990.
---------------------------------------------------------------------------

    Compaction--Soil compaction using a roller or other heavy equipment 
increases soil ``strength'' by increasing its density. More dense soil 
is less prone to erosion and long-term soil settlement. The surface of 
compacted soils should be roughed and seeded or vegetated to increase 
its durability.
    Sediment/Settling Ponds--Sediment ponds function as sediment traps 
by containing runoff for long periods of time, allowing suspended 
solids to settle. These structures can achieve a high removal rate of 
sediment for both process wastewater and storm water discharges. 
Sediment/settling ponds are easily constructed and require minimal 
maintenance. Their flexibility to treat both process wastewater and 
storm water makes the use of ponds a desirable treatment for discharges 
from ore mining and dressing facilities. Of course, site 
characteristics must be such that some or all discharges can be 
practically channeled to a centralized area for treatment. Where this 
is not practical, the cost of constructing multiple sediment ponds may 
become prohibitive. In addition, periodic dredging may be required in 
order to maintain the capacity of these ponds.
    Discharge ponds may also be designed to act as surge ponds which 
are designed to contain storm surges and then completely drain in about 
24 to 40 hours, and remain dry during times of no rainfall. They can 
provide pollutant removal efficiencies that are similar to those of 
detention ponds.\62\ Storm surge ponds are typically designed to 
provide both water quality and water quantity (flood control) benefits.

    \62\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
November 1990.
---------------------------------------------------------------------------

    Gabions, Riprap, and Native Rock Retaining Walls--These BMPs are 
all forms of slope stabilization. Gabions consist of rocks (riprap) 
contained by rectangular wire boxes or baskets for use as permanent 
erosion control structures. Riprap consists of loose rocks placed along 
embankments to prevent erosion. Native rock retaining walls are another 
form of slope stabilization, with walls up to five feet in height, 
constructed from native rock to reinforce a steep slope.
    Biotechnical Stabilization--Biotechnical stabilization uses live 
brush imbedded in the soils of a steep slope to prevent erosion. This 
method relies on the premise that the imbedded vegetation will 
eventually take root and help stabilize the slope.
    Straw Bale Barrier--Straw bales may be used as temporary berms, 
barriers, or diversions, capturing sediments and filtering runoff. When 
installed and maintained properly, these barriers remove approximately 
67 percent of the sediment load.\63\ These barriers are applicable 
across small swales, in ditches, and at the toe of bare slopes where 
there is a temporary, large volume of sediment laden runoff.

    \63\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-74.
---------------------------------------------------------------------------

    Sediment Traps or Catch Basins--These temporary or permanent 
structures are useful for catching and storing sediment laden storm 
water runoff and are particularly useful during construction activities 
to contain runoff. The effectiveness of these BMPs is better in smaller 
drainage basin areas. Sediment traps are less than 50 percent effective 
in removing sediment from storm water runoff.\64\

    \64\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-26.
---------------------------------------------------------------------------

    Vegetated Buffer Strips--The installation of vegetated buffer 
strips will reduce runoff and prevent erosion at a removal efficiency 
rate of 75 to 99 percent depending upon the ground cover.\65\ In 
addition, vegetated buffer strips catch and settle sediment contained 
in the storm water runoff prior to reaching receiving waters.

    \65\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-7.
---------------------------------------------------------------------------

    Silt Fence/Filter Fence--A low fence made of filter fabric, wire 
and steel posts, should be used on small ephemeral drainage areas where 
storm water collects or leaves a mine site. Silt fences remove 97 
percent of the sediment load and are easier to maintain and remove 
without creating lasting impacts to the environment.\66\ Silt and 
filter fences need to be inspected periodically, and may not be as 
effective as straw bales, since fabric may become clogged with fine 
particles preventing water flow.

    \66\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-75.
---------------------------------------------------------------------------

    Silt fences may have limited applicability for large areas: they 
are most effective for use in small drainage areas. These fences may 
also be used in conjunction with nonstructural practices to maintain 
the integrity of soil prior to the establishment of vegetation.
    Siltation Berms--Siltation berms are typically placed on the 
downslope side of a disturbed area to act as an impermeable barrier for 
the capture and 

[[Page 50909]]
retention of sediments in surface water runoff. Plastic sheeting is 
typically used to cover the berm. The berm and the plastic sheeting may 
require periodic maintenance and repair.
    Brush Sediment Barriers--Brush barriers are temporary sediment 
barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
other cleared materials placed at the toe of a slope. A brush barrier 
is effective only for small drainage areas, usually less than \1/4\ 
acre, where the slope is minimal.
    Brush barriers do not function as permanent barriers since over 
time the barrier itself will degrade. This BMP is most effective when 
located at the toe of a slope of an area in which vegetation is being 
grown or during temporary operations. The brush barriers remove any 
excessive sediment which is generated by erosion prior to the 
establishment of vegetation.
    e. Vegetation Practices. Vegetation practices involve establishing 
a sustainable ground cover by permanent seeding, mulching, sodding, and 
other such practices. A vegetative cover reduces the potential for 
erosion of a site by: absorbing the kinetic energy of raindrops which 
would otherwise impact soil; intercepting water so it can infiltrate 
into the ground instead of running off and carrying contaminated 
discharges; and by slowing the velocity of runoff to promote onsite 
deposition of sediment. Vegetative controls are often the most 
important measures taken to prevent offsite sediment movement, and can 
provide a six-fold reduction in the discharge of suspended sediment 
levels.\67\ Permanent seeding has been found to be 99 percent effective 
in controlling erosion for disturbed land areas.\68\

    \67\ ``Performance of Current Sediment Control Measures at 
Maryland Construction Sites,'' January 1990, Metropolitan Washington 
Council of Governments, page X.
    \68\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-4.
---------------------------------------------------------------------------

    Typically, the costs of vegetative controls are low relative to 
other discharge mitigation practices. Given the limited capacity to 
accept large volumes of runoff, and potential erosion problems 
associated with large concentrated flows, vegetative controls should 
typically be used in combination with other management practices. These 
measures have been documented as particularly appropriate for mining 
sites.
    Topsoiling, Seedbed Preparation--The addition of a layer of topsoil 
or plant growth material provides an improved soil medium for plant 
growth. Seedbed preparation may include the addition of topsoil 
ingredients to be mixed in with soils used for seedbed preparation. 
Ripping, dicing, and mixing soils promotes weed control and aerates the 
soil, encouraging seedling growth.
    Broadcast Seeding and Drill Seeding--Seeding and vegetative 
planting are methods used to revegetate an area. Broadcast seeding 
spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
areas, flat surfaces, and areas with limited access. Drill seeding is 
performed using a rangeland drill seeder and may not be used on rocky 
surfaces. Drill seeding is more suitably performed on flat, nonrocky 
surfaces, where the machine can insert seeds into the soil.
    Willow Cutting Establishment--Willow cutting establishment 
describes a method of soil stabilization useful for stream banks and 
other areas located adjacent to water. Similar to biotechnical 
stabilization, willow cuttings are used to promote growth in an area 
needing stabilization. Willow cuttings are typically used to reinforce 
a streambank or other moist area. Willow cuttings require a great deal 
of moisture and must be planted in areas that remain moist for long 
periods in order to take hold and grow.
    F. Capping. In some cases, the elimination of a pollution source 
through capping contaminant sources may be the most cost effective 
control measure for some discharges from inactive coal mines. Depending 
on the type of management practices chosen the cost to eliminate the 
pollutant source may be very high. Once completed, however, maintenance 
costs will range from low to nonexistent.
    Capping or sealing of waste materials is designed to prevent 
infiltration, as well as to limit contact between discharges and 
potential sources of contamination. Ultimately, capping should reduce 
or eliminate the contaminants in discharges. In addition, by reducing 
infiltration, the potential for seepage and leachate generation may 
also be lessened.
    The use of this practice depends on the level of control desired, 
the materials available, and cost considerations. Many common liners 
may be effective including common soil, clay, and/or synthetic liners. 
Generally, soil liners will provide appreciable control for the lowest 
cost. Synthetic or clay liners may be appropriate to cover materials 
known to have a significant potential to impact water quality.
    EPA has identified a wide variety of best management practices 
(BMPs) that may be used to mitigate discharges of contaminants at coal 
mines. Many of the practices focus on sediment and erosion control and 
are similar to BMPs used in the construction industry. For more details 
on the use and implementation of these practices the reader is 
encouraged to obtain a copy of one or more of the many good sediment 
and erosion control books available on the market.69 In some cases 
(e.g., low pH and/or high metals concentrations), BMPs, and sediment 
and erosion controls may not be adequate to produce an acceptable 
quality of storm water discharge. Under those circumstances additional 
physical or chemical treatment systems may be necessary to protect the 
receiving waters.

    \69\ ''Best Management Practices for Mining in Idaho,'' Idaho 
Department of State Lands, November 1992; ``Storm Water Management 
for Construction Activities: Developing Pollution Prevention Plans 
and Best Management Practices,'' EPA, September 1992, (EPA 832-R-92-
005); and ``Erosion & Sediment Control Handbook,'' Goldman et al., 
McGraw-Hill Book Company, 1986.
---------------------------------------------------------------------------

    g. Treatment. Treatment practices are those methods of control 
which are normally used to reduce the concentration of pollutants in 
water before it is discharged. This is in contrast to many BMPs where 
the emphasis is on keeping the water from becoming contaminated. 
Treatment practices may be required where flows are currently being 
affected by exposed materials and where other BMPs are insufficient to 
meet discharge goals. These practices are usually the most resource 
intensive as they often entail significant construction costs and 
require monitoring and maintenance on a frequent and regular basis. 
Treatment options may range from high maintenance controls to low 
maintenance. High maintenance treatment techniques require periodic 
manpower to operate and maintain the BMP. Low maintenance cost 
techniques have initial capital costs but operate with little long-term 
maintenance after they are implemented. At a few sites, treatment 
measures other than high maintenance measures may be appropriate to 
address specific pollutants.
    Chemical/Physical Treatment--An example of a high maintenance 
technology that is found at coal mining facilities is chemical/physical 
treatment. The most common type of chemical/physical treatment involves 
the addition of limestone to reduce the acidity of the discharge and/or 
precipitate metals. Metals may be removed from wastewater by raising 
the pH of the wastewater to precipitate them out as hydroxides. 
Typically, the pH of the wastewater must be raised to 9 to 12 standard 
units in order to achieve the 

[[Page 50910]]
desired precipitation of metals. After metals precipitation, the 
addition of some form of acid or carbon dioxide may be required to 
reduce the pH to acceptable levels. Polymer addition may be required to 
enhance the settling characteristics of the metal hydroxide 
precipitate. In general, this practice requires significant operator 
participation to ensure proper neutralization and/or precipitation and 
thus may not be cost effective for most storm water discharges.
    Artificial Wetlands--This type of BMP system is gaining popularity 
as a method of treating process wastewater from inactive coal mines. 
They can be an effective system for improving water quality either 
alone or in conjunction with other treatment practices. The complex 
hydrologic, biological, physical, and chemical interactions that take 
place within a wetland result in a natural reduction and cleansing of 
influent pollutants. Wetland processes are able to filter sediments, 
and absorb and retain chemical and heavy metal pollutants through 
biological degradation, transformation, and plant uptake.
    Artificial wetlands are designed to maintain a permanent pool of 
water. Properly installed and maintained retention structures (also 
known as wet ponds) and artificial wetlands will be most cost-effective 
when used to control runoff from larger, intensively developed sites. 
These artificial wetlands are created to provide treatment but also 
provide a wildlife habitat, and enhance recreation and landscape 
amenities. Artificial wetlands are being intensely researched by the 
Bureau of Mines as a means of mitigating acid mine drainage.
    EPA strongly discourages the use of natural wetlands as part of the 
treatment system because they are considered to be waters of the United 
States. The necessary controls, or BMPs, must be provided prior to 
discharging the storm water runoff to natural wetlands or other 
receiving waters.
    In summary, a wide variety of BMPs are available for inactive coal 
mines and for use along haul roads and access roads at active coal 
mines. These measures range from simple low cost, low maintenance 
source reduction practices such as diversion structures to high cost, 
maintenance intensive practices such as wetlands treatment. Clearly, 
the selection of a practice or group of practices will be site-specific 
depending on conditions and potential impacts as well as the resources 
available at each site. A specific best available technology (or 
technologies) cannot be determined because of the differences between 
sites and the quantities and characteristics of their discharges.
4. Storm Water Pollution Prevention Plan Requirements
    Specific requirements for the pollution prevention plan for coal 
mines and coal mining related facilities are described below. These 
requirements must be implemented in addition to the common pollution 
plan provisions described in Section VI.C. of this fact sheet.
    a. Contents of the Plan. Under the description of potential 
pollutant sources section, all coal mining and related facilities are 
required to describe all potential pollutant sources and provide the 
locations of these sources.
    (1) A site map, such as a drainage map required for SMCRA permits, 
must indicate drainage areas and storm water outfalls from the 
potential pollutant sources as indicated in item l above. The map 
should provide, but not be limited to, the following information:

(a) Drainage direction and discharge points from all applicable mining-
related areas, including culvert and sump discharges from roads and 
rail beds and also from equipment and vehicle maintenance areas, 
lubricants and other potentially harmful liquids
(b) Location of each existing erosion and sedimentation control 
structure and other control measures for reducing pollutants in storm 
water runoff
(c) Receiving streams or other surface water bodies
(d) Locations exposed to precipitation which contain acidic or metal 
ladened spoil, refuse, or unreclaimed disturbed areas
(e) Locations where major spills or leaks of toxic or hazardous 
pollutants have occurred
(f) Locations where liquid storage tanks containing potential 
pollutants, such as caustics, hydraulic fluids and lubricants, are 
exposed to precipitation
(g) Locations where fueling stations, vehicle and equipment maintenance 
areas are exposed to precipitation

    The site map must also indicate the outfall locations and the types 
of discharges contained in the drainage areas of the outfalls (e.g. 
storm water and air conditioner condensate). 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.
    Under the measures and controls section, operators of the inactive 
and active coal mines are required to describe storm water management 
controls for coal mining-related facilities, including the following:
    (2) Compliance with SMCRA Requirements. The Surface Mining Control 
and Reclamation Act (SMCRA) regulations require sediment and erosion 
control measures and practices for haul roads and most of the other 
active mining-related areas covered by this section. All such SMCRA 
requirements are also requirements of the pollution prevention plan and 
other applicable conditions of this section.
    (3) Good Housekeeping Practices. The purpose of good housekeeping 
practices is to remove or lessen the potential pollution sources before 
they come into contact with storm water. This includes collection and 
removal of waste oils collected in traps; cleaning up exposed 
maintenance areas of spilled lubricants and fuels, and similar 
measures; and preventing the offsite movement of dust by sweeping or by 
road watering.
    (4) Preventive Maintenance. A timely maintenance program should 
include: inspections for preventing breakdowns, corrosion of tanks and 
deterioration of pressure fuel or slurry pressure lines; periodic 
removal and disposal of accumulated solids in sediment traps; and 
replacement of straw bales and other control measures subject to 
weathering and deterioration.
    (5) Inspections. For all SMCRA regulated active mining-related 
sites, which include most of the active facilities under this section, 
SMCRA authorities are required to conduct regular quarterly 
inspections. Coordinated inspections by the facility representative 
would be expected to take place either before, during or after the 
complete SMCRA inspections. Therefore, inspections by the facility 
representative would not be placing an undue burden on the facility. In 
addition, sediment and erosion control measures should be evaluated at 
least once yearly during a storm period of at least 0.1 inch rainfall 
where effectiveness can be evaluated first hand. Observations should 
also be made at this time of resulting impact of any settled solids in 
the receiving stream.
    Inactive coal mines should be inspected at least once yearly, 
except where very remote, to maintain an appraisal of sediment and 
erosion control measures, determine outstanding problem areas, and plan 
for improved measures.
    (6) Employee Training. There are no employee training requirements 
beyond those described in Section VI.C.
    (7) Prohibition of Non-storm Water Discharges. Many inactive mines 
and portions of inactive mines are 

[[Page 50911]]
abandoned underground mines which have seeps or other discharges which 
are not in response to storm events. These type discharges from 
inactive mines are not covered by this section. In addition, floor 
drains from maintenance buildings and other similar drains in mining 
and preparation plant areas may contain contaminants and are prohibited 
from inclusion in this section.
    (8) Sediment, Erosion and Flow Management Controls. The plan must 
describe all sediment, erosion, and flow management controls used to 
control storm water discharges. The plan should also address the 
reasonableness and appropriateness of each sediment, erosion, and flow 
management control, and identify when they are required by State or 
Federal SMCRA regulations. For the most part, these measures are best 
management practices expected of construction and other activities 
which are subject to storm runoff. However, construction activities are 
usually much more short term than mining activities, so greater 
emphasis must be placed on implementing long term measures for haul 
roads and other mining-related facilities.
    b. Comprehensive Site Compliance Evaluation. In addition to the 
comprehensive site compliance evaluation described in Section VI.C.4. 
of this fact sheet, the plan must be implemented and, where erosion 
control and pollution prevention measures described in the plan are 
found deficient, the plan must be revised to include reasonable and 
appropriate control measures. Reports including observations and 
incidences of noncompliance must be prepared and kept on file for 
possible review.
5. Numeric Effluent Limitation
    Based on the lack of sampling data, it is infeasible for EPA to 
calculate effluent limitations at this time. The main pollutant concern 
is excess solids runoff and discharge, but there are no widely accepted 
solids limits which could be expected from the recommended sediment and 
erosion control measures. The 0.5 ml/L settleable solids limit, as 
required by 40 CFR Part 434 for storm discharges from surface mine 
settling ponds, can be considered a goal but not a requirement for 
control measures, which for the most part, consist of sediment ditches, 
straw bales and similar structures normally used for haul roads. The 
permit does not cover facilities that are in violation of water quality 
standards and where water quality-based effluent limits apply.
6. Monitoring and Reporting Requirements
    a. Monitoring Requirements. EPA believes that coal mining 
facilities may reduce the level of pollutants in storm water runoff 
from their sites through the development and proper implementation of 
the storm water pollution prevention plan requirements discussed in 
today's permit. In order to provide a tool for evaluating the 
effectiveness of the pollution prevention plan and to characterize the 
discharge for potential environmental impacts, Table H-4 lists the 
pollutants that coal mining facilities are required to collect and 
analyze in their storm water discharges. The pollutants listed in Table 
H-4 were found to be above levels of concern for a significant portion 
of coal mining facilities that submitted quantitative data in the group 
application process. Because these pollutants have been reported at 
benchmark levels from coal mining facilities, EPA is requiring 
monitoring after the pollution prevention plan has been implemented to 
assess the effectiveness of the pollution prevention plan and to help 
ensure that a reduction of pollutants is realized.
    Permittees can exercise the alternative certification on a 
pollutant-by-pollutant basis as described under Section (1) below. Any 
pollutant(s) for which the facility is unable to certify to no exposure 
must, at a minimum, monitor storm water discharges from coal mining 
facilities on a quarterly basis during the second year of permit 
coverage. Monitoring must be performed during the following periods: 
January through March; April through June; July through September; and 
October through December. At the end of the second year of permit 
coverage, a facility must calculate the average concentration for each 
parameter listed in Table H-4. If the permittee collects more than four 
samples in this period, then they must calculate an average 
concentration for each pollutant of concern for all samples analyzed.

     Table H-4.--Monitoring Requirements Coal Mining Facilities mg/L    
------------------------------------------------------------------------
                                                     Monitoring cut-off 
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Aluminum........................  0.75 mg/L           
Total Recoverable Iron............................  1.0 mg/L            
Total Suspended Solids (TSS)......................  100 mg/L            
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the appropriate cut-off concentration, then the permittee is not 
required to conduct quantitative analysis for that parameter during the 
fourth year of the permit. If, however, the average concentration for a 
parameter is greater than the cut-off concentration listed in Table H-
4, then the permittee is required to conduct quarterly monitoring for 
that parameter during the fourth year of permit coverage. Monitoring is 
not required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit. The schedule for monitoring is presented in Table H-5.

                   Table H-5.--Schedule of Monitoring                   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table H-4, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table H-
                            4, then no further sampling is required for 
                            that parameter.                             

[[Page 50912]]
                                                                        
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table H-4.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     
------------------------------------------------------------------------



    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    The monitoring cut-off concentrations listed in Table H-4 are not 
numerical effluent limitations. These values represent a level of 
pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data reported concentrations greater 
than or equal to the values listed in Table H-4. Facilities that 
achieve average discharge concentrations which are less than or equal 
to the appropriate cut-off concentration values are not relieved from 
the pollution prevention plan requirements or any other requirements of 
the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    (1) Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis in lieu of 
monitoring described in Table H-4, under penalty of law, signed in 
accordance with Part VII.G. (Signatory Requirements), that material 
handling equipment or activities, raw materials, intermediate products, 
final products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity, and 
that are located in areas of the facility that are within the drainage 
area of the outfall are not presently exposed to storm water and will 
not be exposed to storm water for the certification period. Such 
certification must be retained in the storm water pollution prevention 
plan and submitted to EPA in accordance with Part VI.C. of this permit. 
In the case of certifying that a pollutant is not present, the 
permittee must submit the certification along with the monitoring 
reports required under paragraph (2) below. If the permittee cannot 
certify for an entire period, they must submit the date exposure was 
eliminated and any monitoring required up until that date. This 
certification option is not applicable to compliance monitoring 
requirements associated with effluent limitations. EPA does not expect 
facilities to be able to exercise this certification for indicator 
parameters, such as TSS and BOD.
    (2) Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum quarterly requirements, an additional 
Discharge Monitoring Report Form must be filed for each analysis.
    (3) Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable, 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    b. Visual Examination of Storm Water Quality. Visual examinations 
of a storm water discharge from each outfall are required except at 
inactive areas not under SMCRA bond. Active areas under SMCRA bond that 
are located in areas with an average annual precipitation greater than 
20 inches must perform the visual examinations quarterly. Active areas 
under SMCRA bond with an 

[[Page 50913]]
average annual precipitation less than or equal to 20 inches are 
required to perform visual examinations on a semiannual basis. The 
examination must be of a grab sample collected from each storm water 
outfall. The examination of storm water grab samples shall include any 
observations of color, odor, turbidity, floating solids, foam, oil 
sheen, or other obvious indicators of storm water pollution. The 
examination must be conducted in a well lit area. No analytical tests 
are required to be performed on these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. Whenever practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Examinations shall be conducted in each of the following 
periods for the purposes of inspecting storm water quality associated 
with storm water runoff and snow melt: January through March; April 
through June; July through September; October through December. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 1 hour) of when the runoff 
begins discharging. Reports of the visual examination include: the 
examination date and time, examination personnel, visual quality of the 
storm water discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.). For facilities that have an average annual 
precipitation of 20 inches or less or are designated inactive by SMCRA, 
EPA requires semiannual visual examinations instead of quarterly.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examination. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

I. Storm Water Discharges Associated With Industrial Activity From Oil 
and Gas Extraction Facilities

1. Industry Profile
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with an industrial 
activity.'' This definition includes point source discharges of storm 
water from eleven major categories of facilities, including: ``* * * 
(iii) facilities classified as Standard Industrial Classification (SIC) 
codes 10 through 14, including * * * oil and gas exploration, 
production, processing, or treatment operations, or transmission 
facilities that discharge storm water contaminated by contact with or 
that has come into contact with, any overburden, raw material, 
intermediate products, finished products, by-products, or waste 
products located on the site of such operations.''
    As stated above and at 40 CFR 122.26(b)(14)(iii), only those oil 
and gas facilities that discharge `contaminated' storm water are 
required to submit permit applications under the November 16, 1990, 
storm water rule. For oil and gas facilities, contamination means that 
there has been a release of a Reportable Quantity (RQ) of oil or 
hazardous substances in storm water since November 16, 1987 
(hereinafter referred to as `an RQ release'). Only those facilities 
that have had an RQ release are required to submit a storm water permit 
application.
    This section of today's permit only covers storm water discharges 
associated with industrial activities from oil and gas exploration, 
production, processing, or treatment operations, or transmission 
facilities. Hereinafter, the facilities listed above will be referred 
to as ``oil and gas facilities.'' Oil and gas facilities eligible to 
seek coverage under this section include the following types of 
operations: crude petroleum and natural gas (SIC Code 1311), natural 
gas liquids (SIC Code 1321), drilling oil and gas wells (SIC Code 
1381), oil and gas field exploration services (SIC Code 1382), oil and 
gas field services, not elsewhere classified (SIC Code 1389).
    These industries include the extraction and production of crude 
oil, natural gas, oil sands and shale; the production of hydrocarbon 
liquids and natural gas from coal; and associated oil field service, 
supply and repair industries. Many of the oil field service facilities 
may also manufacture oil field equipment. Discharges associated with 
these manufacturing activities shall be covered by this section if the 
primary activity of the facility is grouped under Major SIC Group 13.
    Pursuant to Section 311 of the Clean Water Act and Section 102 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), RQs were established for oil and hazardous substances. As 
defined at 40 CFR Part 110, an RQ is ``the amount of oil that violates 
applicable water quality standards or causes a film or sheen upon or a 
discoloration of the surface of the water or adjoining shorelines or 
causes a sludge or emulsion to be deposited beneath the surface of the 
water or upon adjoining shorelines.'' The RQs for other substances are 
listed in 40 CFR 117.3 and 302.4 in terms of pounds released over any 
24-hour period.
    Discharges covered by this section include all storm water 
discharges from facilities which have had an RQ release where 
precipitation and storm water runon come into contact with significant 
materials including, but not limited to, drilling and production 
equipment and other machinery, raw materials, waste products, by-
products, finished products, stored materials, and fuels. This includes 
storm water discharges from access roads, and rail lines used or 
traveled by carriers of raw materials, manufactured products, waste 

[[Page 50914]]
materials, or by-products created by the facility.
    This section does not cover storm water discharges from inactive 
oil and gas extraction facilities located on Federal lands, unless an 
operator of the activity can be identified. These discharges are more 
appropriately covered under a permit currently being developed by EPA.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Oil and gas exploration and production includes all activities 
related to the search for, and extraction of, liquid and gas petroleum 
from beneath the earth's surface. Found almost exclusively in 
sedimentary rocks, oil and natural gas accumulate in geologic 
confinements called traps which, by virtue of an impermeable overlying 
layer, have stopped the migration of the fluid. The volume of petroleum 
contained in a trap can vary from negligible to billions of barrels.
    Though at one time such traps may have been close enough to the 
surface to allow easy detection (i.e., surface seepage), modern 
exploration relies on sophisticated geophysical testing techniques to 
locate potentially producible formations. Gravitational and seismic 
surveys of subsurface geology provide indirect indications of the 
likelihood of finding promising geological formations. This process is 
complicated by the fact that, at least in the U.S., the average depth 
at which one may reasonably expect to find oil is increasing since many 
of the largest shallow formations are assumed to have been found 
already.
    Drilling operations require construction of access roads, drill 
pads, mud pits, and possibly work camps or temporary trailers. Drill 
pads are areas used to stage the drilling operation and generally range 
from 2 to 5 acres. The pad accommodates the drilling rig and associated 
operations including pumps, reserve pits, and mud tanks.
    Modern well drilling involves the use of a rotary drill to bore 
through soil and rock to the desired well depth. The drill bit is 
constantly washed with a circulating drilling fluid, or ``mud,'' which 
serves to cool and lubricate the bit and remove the cuttings to the 
surface. The drilling mud also serves to prevent ``blowouts'' from 
overpressured water and gas bearing formations. If the drill reaches 
the desired depth and fails to locate a producible deposit of oil or 
gas, the well must be plugged and the site abandoned. Even if oil and/
or gas is found the well may not be producible. If the formation fails 
to exhibit the right combination of expected volume, porosity, and 
permeability, the costs of extraction would be prohibitive.
    After a well has been drilled, it is ``completed'' if well logging 
data indicate that the well is capable of producing commercial 
quantities of oil or gas. Completion includes a number of operations 
that may be necessary to allow the well to produce oil or gas. These 
include installing and cementing casing, installing the production 
tubing and downhole equipment, repairing damage that drilling may have 
caused to the formation, and possibly stimulating the well. During a 
well's active life, periodic ``workovers'' are necessary. Workovers can 
include a number of procedures intended to maintain or enhance 
production. These can include repairing or replacing downhole 
equipment, removing accumulated scale or paraffin from tubing or 
casing, and stimulating the formation to restore or enhance production. 
Wells are stimulated, whether by treating with acid or fracturing, 
during completion or workover or both: it is common for wells to be 
stimulated at completion and then periodically throughout their lives.
    Acid stimulation involves introducing an acid solution to the 
formation. The acid dissolves the rock, thus creating or enlarging flow 
path openings. Acids are also used to repair damage to formations 
caused by drilling or other operations. In addition, they may be used 
for scale removal and other purposes. Fracturing by hydraulic pressure 
is achieved by pumping fluids at high pressure (i.e., at high rates) 
into the well, thereby causing material failure of the rock in the 
formation of interest (i.e., fractures). Fracturing is also done using 
explosive devices to fire projectiles into the formation of interest. 
The fractures induced in the formations serve as flow paths for 
hydrocarbons.
    In instances where the reservoir is sufficiently large, 
``delineation'' wells are drilled to determine the boundary of the 
reservoir and additional ``development'' wells are drilled to increase 
the rate of production from the ``field.'' Because few new wells in the 
U.S. have sufficient energy (pressure) to force oil all the way to the 
surface, surface or submersible pumps are placed at the wells and 
production begins.
    This first phase of production, primary production, may continue 
for several to many years, requiring only routine maintenance to the 
wells as they channel oil to the surface for delivery to refineries. 
However, as the oil is removed from the formation, the formation 
pressure decreases until the wells will no longer produce. Because 70 
percent of the total recoverable oil may remain in the formation, 
additional energy may be supplied by the controlled injection of water 
from the surface into the formation. The injected water acts to push 
the oil toward the well bores. Such secondary recovery or ``water 
flooding'' projects may employ hundreds of injection wells throughout a 
field to extend the life of the wells. Much of the water used for 
injection is pumped along with oil from the producing well, separated 
from the oil, and then reinjected.
    Produced fluid, as pumped from a well, is sent through one or more 
process units to separate the waste fractions (e.g., produced water, 
emulsions, scale, and produced sand) from the salable hydrocarbon.
    As oil and gas are recovered from wells, they are collected or 
gathered in pipelines for transport to produced fluid treatment 
facilities. These facilities separate marketable gas and crude oil from 
water and sand.
    Often, service companies are hired by the oil company to perform 
many of the activities described above. Typically these contractors 
drill the wells and perform other specific tasks such as installing 
casing, conducting formation tests, and managing wastes, etc. When a 
well or field ceases to produce oil or gas at an economically feasible 
rate, the field must be abandoned and reclaimed.
2. Pollutants in Storm Water Discharges Associated with Oil and Gas 
Facilities
    Exploration and production techniques will vary depending on the 
type and characteristics of formations, pollutants present, and waste 
management controls. Therefore, impacts associated with storm water 
discharges from oil and gas facilities will vary. Several other factors 
influence to what extent significant materials from these types of 
facilities and processing operations can affect water quality. 

[[Page 50915]]
Such factors include: hydrology/geology; the types of chemical 
additives and lubricating fluids used; the procedure for waste 
management; the nature and size of the RQ release; the amount of 
contamination remaining after the RQ release; the size of the 
operation; and type, duration, and intensity of precipitation events. 
These and other factors will interact to influence the quantity and 
quality of storm water runoff. In addition, sources of pollutants other 
than storm water, such as illicit connections,70 spills, and other 
improperly dumped materials, may increase the pollutant loadings 
discharged into waters of the United States.

    \70\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at mineral mining and processing facilities is low yet 
it still may be applicable at some operations.
---------------------------------------------------------------------------

    Based on information submitted with the group applications and 
other documents, EPA has identified some storm water pollutants and 
sources typically associated with oil and gas facilities in Table I-1. 
Due to distinct industrial activities and materials used at facilities, 
however, sources and associated pollutants will vary from site to site. 
The pollutants listed in Table I-1 are not meant to be a comprehensive 
listing of all potential storm water pollutants at oil and gas 
facilities.

        Table I-1.--Activities, Pollutant Sources, and Pollutants       
------------------------------------------------------------------------
      Activity            Pollutant source              Pollutant       
------------------------------------------------------------------------
Construction of:                                                        
    --Access Roads..  Soil/dirt, leaking        TSS, TDS, oil and       
                       equipment and vehicles.   grease.                
    --Drill Pads                                                        
    --Reserve Pits                                                      
    --Personnel                                                         
     Quarters                                                           
    --Surface                                                           
     Impoundments                                                       
Well Drilling.......  Drilling fluid,i          TSS, TDS, oil and       
                       lubricants, mud,          grease, COD, chlorides,
                       cuttings, produced        barium, naphthalene,   
                       water.                    phenanthrene, benzene, 
                                                 lead, arsenic,         
                                                 fluoride.              
Well Completion/      Fluids (used to control   TSS, TDS, oil and       
 Stimulation.          pressure in well),        grease, COD, pH,       
                       cement, residual oil,     acetone, toluene,      
                       acids, surfactants,       ethanol xylenes.       
                       solvents, produced                               
                       water, sand.                                     
Production..........  Produced water, oil,      Chlorides, TDS, oil and 
                       waste sludge, tank        grease, TSS, pH,       
                       bottoms, acids, oily      benzene, phenanthrene, 
                       debris, emulsions.        barium, arsenic, lead, 
                                                 antimony.              
Equipment Cleaning    Cleaning solvents,        TSS, TDS, oil and       
 and Repairing.        lubricants, chemical      grease, pH.            
                       additives.                                       
Site Closures.......  Residual muds, oily       TSS, TDS, oil and       
                       debris.                   grease.                
------------------------------------------------------------------------
i The potential contaminants to be found in drilling fluid varies from  
  site to site, depending on the components of the fluid and any        
  pollutants added due to use of the fluid. Storm water discharges that 
  come into contact with used drilling fluids may include the following 
  pollutants, among others: toluene, ethyl benzene, phenol, benzene, and
  phenanthrene. Used drilling fluids may also contain inorganic         
  pollutants from additives or downhole exposure, such as arsenic,      
  chromium, lead, aluminum, sulfur, and various sulfates.               

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at oil 
and gas extraction facilities as a whole and not subdivide this sector. 
Therefore, Table I-2 lists data for selected parameters from facilities 
in the oil and gas extraction sector. These data include the eight 
pollutants that all facilities were required to monitor under Form 2F.

                              Table I-2.--Statistics for Selected Pollutants Reported by Oil and Gas Extraction Facilities Submitting Part II Sampling Datai (mg/L)                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Pollutant                   No. of          No. of samples           Mean               Minimum             Maximum             Median          95th percentile     99th Percentile 
----------------------------------    facilities    --------------------------------------------------------------------------------------------------------------------------------------------
                                  ------------------                                                                                                                                            
           Sample type               Grab   Comp ii    Grab      Comp       Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5.............................       34       32       39          37     13.9      10.7       0.0       0.0     116.0      90.0      10.4       7.0      32.9      26.8      52.9      44.8 
COD..............................       35       32       40          35    138.3     112.2      14.0       0.0    1050.0     450.0      78.5      78.0     401.9     330.4     755.3     601.4 
Nitrate + Nitrite Nitrogen.......       34       31       39          35      0.47      0.54      0.00      0.00      5.50      9.90      0.15      0.09      2.06      2.10      6.17      7.15
Total Kjeldahl Nitrogen..........       35       32       40          34      1.31      1.52      0.00      0.00      9.00     14.50      0.69      0.83      4.68      5.49      9.75     12.56
Oil & Grease.....................       35      N/A       40         N/A      9.4     N/A         0.0     N/A       189.0     N/A         3.0     N/A        24.7     N/A        56.0     N/A   
pH...............................       34      N/A       40         N/A    N/A       N/A         5.9     N/A        11.3     N/A         7.2     N/A         9.2     N/A        10.0     N/A   
Total Phosphorus.................       35       32       40          37     16.17      3.98      0.00      0.00    149.72     50.74      0.20      0.16     68.03     20.01    461.08    102.13
Total Suspended Solids...........       35       32       41          34    332       369         3         1      1657      4186        70        40      1820      1831      6110      7869   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology (BCT)]. The Agency does not believe it is 
necessary to establish specific numeric effluent limitations or a 
specific design or performance standard in this section for storm water 
discharges associated with industrial activity from oil and gas 
facilities to meet the BAT/BCT standards of the Clean Water Act. Rather 
than setting limits, this section establishes requirements for the 
development and implementation of a site-specific storm water pollution 
prevention plan consisting of a set of BMPs that are sufficiently 
flexible to address different sources of pollutants at different sites. 


[[Page 50916]]

    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type and volume of contaminated 
storm water discharges will differ. In addition, the fate and transport 
of pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with facilities in this category.
    Two types of BMPs which may be implemented to prevent, reduce or 
eliminate pollutants in storm water discharges are those which minimize 
exposure (e.g., covering, curbing, or diking) and treatment type BMPs 
which are used to reduce or remove pollutants in storm water discharges 
(e.g., oil/water separators, sediment basins, or detention ponds). EPA 
believes exposure minimization is an effective practice for reducing 
pollutants in storm water discharges from oil and gas facilities. 
Exposure minimization practices lessen the potential for storm water to 
come in contact with pollutants. These methods are often uncomplicated 
and inexpensive. They can be easy to implement and require little or no 
maintenance. EPA also believes that in some instances more resource 
intensive treatment type BMPs are appropriate to reduce pollutants such 
as suspended solids and oil/grease in storm water discharges associated 
with oil and gas facilities. Though these BMPs are somewhat more 
resource intensive, they can be effective in reducing pollutant loads 
and may be necessary depending on the type of discharge, types and 
concentrations of contaminants, and volume of flow.
    The types of BMPs used may depend upon the methods of waste 
management utilized at a facility. Waste management and disposal 
practices at oil and gas facilities may vary significantly. For 
example, techniques for disposal of produced water and associated 
wastes include the following: landfarming/spreading (spreading wastes 
on land surfaces to stimulate biological degradation); backfilling 
(storing wastes in a pit and then covering with dirt or other 
materials); evaporation (in more arid parts of the country, liquid 
wastes are left exposed and eventually evaporate or percolate into the 
ground); discharging wastes (sometimes treated) to waters of the United 
States (NPDES permits are required for such discharges); injection 
(injecting wastes back into the ground for disposal); and offsite 
disposal (wastes are taken offsite to a commercial facility for 
disposal).
    The pollutants of concern and the BMPs employed at an oil and gas 
facility depend upon which, if any, of the disposal techniques listed 
above are utilized. Where wastes are used for onsite road application, 
for example, all pollutant constituents of that waste need to be 
considered a potential contributor to contaminated storm water 
discharges. In addition, the areas at the facility where road 
application occurs must also be considered when BMPs are being 
implemented. In contrast, if all waste is taken to an offsite disposal 
facility, the waste will most likely not affect the storm water 
discharges and the areas of concern will not be expanded.
    Table I-3 lists some BMPs which may be effective in limiting the 
amount of pollutants in storm water discharges from oil and gas 
facilities. The BMPs listed are not necessarily required to be 
implemented. Rather, BMPs should be chosen based on the specific nature 
of the storm water discharges at each oil and gas facility and 
implemented as appropriate. Some of these BMPs involve reducing the 
amount of waste produced and stored onsite which can potentially 
contaminate storm water. Based on part 1 information, several of the 
BMPs suggested are already in place at many of the facilities. Part 1 
submittals indicate that diking or other types of diversion occur at 
approximately 57 percent of the sampling facilities. Thirty percent of 
the sampling facilities noted that they use some form of covering as a 
BMP, and catch basins are in place at 12 percent of the sampling 
facilities. In addition, 11 percent of the facilities designated as 
samplers in part 1 information reported they had a Spill Prevention 
Control and Countermeasure Plan in place, and 16 percent had a material 
management plan.

          Table I-3.--Suggested BMPs for Oil and Gas Facilities         
------------------------------------------------------------------------
                             Suggested BMPs                             
-------------------------------------------------------------------------
Utilize diking and other forms of containment and diversion around      
 storage tanks, drums of oil, acid, production chemicals, and liquids,  
 reserve pits, and impoundments.                                        
Use diking and other forms of containment and diversion around material 
 handling and processing areas.                                         
Use porous pads under drum and tank storage areas.                      
Use covers and/or lining for waste reserve and sludge pits to avoid     
 overflows and leaks.                                                   
Use drip pans, catch basins, or liners during handling of materials such
 as tank bottoms.                                                       
Reinject or treat produced water instead of discharging it.             
Limit the amount of land disturbed during construction of access roads  
 and facilities.                                                        
Employ spill plans for pipelines, tanks, drums, etc.                    
Recycle oily wastes, drilling fluids and other materials onsite, or     
 dispose of properly.                                                   
Take wastes offsite to be disposed of instead of burying them.          
Use oil water separators.                                               
------------------------------------------------------------------------

4. Special Conditions
    There are no additional requirements beyond those described in Part 
VI.B. of this fact sheet.
5. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan. Specific requirements for the pollution 
prevention plan for oil and gas extraction facilities are described 
below. These requirements must be implemented in addition to the common 
prevention plan provisions discussed in Section VI.C. of this fact 
sheet.
    (1) Description of Potential Pollutant Sources. Facilities under 
this section cover a broad range of oil field activities and service 
industries.
    Drilling sites have large disturbed areas which will contribute 
additional sediments and suspended solids to the storm water runoff. 
Well drilling 

[[Page 50917]]
includes the use of many hazardous chemicals and materials. These 
include drilling muds, well casing cement, fractionating gels, and well 
treatments. The storage, mixing, and handling of these materials are 
potential pollutant sources.
    Oil field service industries provide a variety of services for 
exploration and production activities. These service industries often 
store and mix chemicals for drilling muds, well casing cement, 
fractionating gels, and well treatments at the facility. The storage 
and mixing areas are potential pollutant sources. Often, mixing areas 
and equipment are exposed to storm water. Many oil field service 
facilities manufacture some oil field equipment components. The exposed 
raw materials, intermediate products, finished products, and waste 
products are potential sources of pollutants in storm water.
    In its description of potential pollutant sources, a facility must 
include information about the RQ release which triggered the permit 
application requirements. Such information must include: the nature of 
the release (e.g., spill of oil from a drum storage area); the amount 
of oil or hazardous substance released; amount of substance recovered; 
date of the release; cause of the release (e.g., poor handling 
techniques as well as lack of containment in area); area affected by 
release, including land and waters; procedure to cleanup release; and 
remaining potential contamination of storm water from release.
    (2) Measures and Controls.
    (a) RQ Releases--The permittee must describe the measures taken to 
clean up RQ releases or related spills of materials, as well as 
measures proposed to avoid future releases of RQs. Such measures may 
include, among others: improved handling or storage techniques; 
containment around handling areas of liquid materials; and use of 
improved spill cleanup materials and techniques.
    (b) Vehicle and Equipment Storage Areas--Vehicles and equipment 
associated with oil field activity are often coated with oil, oil field 
drilling muds, and the chemicals associated with drilling. These 
vehicles and equipment are a significant source of pollutants. The 
permittee must address these areas, and institute practices to minimize 
pollutant runoff from this area.
    (c) Vehicle and Equipment Cleaning and Maintenance Areas--The plan 
must describe measures that prevent or minimize contamination of the 
storm water runoff from all areas used for vehicle and equipment 
cleaning. The facility may consider performing all cleaning operations 
indoors, covering the cleaning operation, and/or collecting the storm 
water runoff from the cleaning area and providing treatment or 
recycling. These cleaning and maintenance activities can result in the 
exposure of cleaning solvents, detergents, oil and grease and other 
chemicals to storm water runoff. The use of drip pans, maintaining an 
organized inventory of materials used in the shop, draining all parts 
of fluids prior to disposal, prohibiting the practice of hosing down 
the shop floor where the practice would result in the exposure of 
pollutants to storm water, using dry cleanup methods, and/or collecting 
the storm water runoff from the maintenance area and providing 
treatment or recycling may reduce the pollutants discharged in storm 
water runoff.
    (d) Materials Storage Areas--Storage units of all chemicals and 
materials (e.g., fuels, oils, used filters, spent solvents, paint 
wastes, radiator fluids, transmission fluids, hydraulic fluids, 
detergents drilling mud components, acids, organic additives) may 
result in the contamination of storm water discharges. Labeling of all 
storage containers helps facility personnel to respond effectively to 
spills or leaks. Additionally, covered storage of the materials and/or 
installation of berming and diking at the area can be effective BMPs.
    (e) Chemical Mixing Areas--Chemical mixing (e.g., the mixing of 
drilling muds, fractionating gels, mixing well casing cement, and well 
treatment acids and solvents) at both well sites and at facilities with 
service drilling activities have significant potential to contaminate 
storm water runoff. The facility should consider covering the mixing 
area, using spill and overflow protection, minimizing runon of storm 
water to the mixing area, using dry cleanup methods, and/or collecting 
the storm water runoff and providing treatment or recycling. The 
facility should consider installation of berming and diking of the 
area. The waste water pollutants associated with produced waters, 
drilling muds, drill cuttings and produced sand from any source 
associated with onshore oil and gas production, field exploration, 
drilling, well completion, or well treatment are prohibited from being 
discharged (40 CFR 435.32).
    (f) Preventive Maintenance--The preventive maintenance program must 
include the inspection of all onsite and offsite mixing tanks and 
equipment, and inspection of all vehicles which carry supplies and 
chemicals to oil field activities. These mixing tanks and vehicles 
carry large volumes of fractionating chemicals and gels, cements, 
drilling muds, and well treatment chemicals and acids that potentially 
may contaminate waters of the United States if leaks or spills occur.
    (g) Inspection Frequency--All equipment and areas addressed in the 
pollution prevention plan shall be inspected semiannually. Equipment 
and vehicles which store, mix or transport hazardous materials will be 
inspected quarterly. Inspections shall also include the inspection of 
all onsite mixing tanks and equipment, and inspection of all vehicles 
which carry supplies and chemicals to oil field activities. These 
mixing tanks and vehicles carry large volumes of fractionating 
chemicals and gels, cements, drilling muds, and well treatment 
chemicals and acids that potentially may contaminate waters of the 
United States if leaks or spills occur.
6. Numeric Effluent Limitation
    There are no additional numerical effluent limitations beyond those 
listed in Part V.B. of today's permit.
7. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at oil and gas facilities. Based on a consideration of 
the BMPs typically used at these facilities, and generally low 
pollutant values from the application data, EPA believes that the 
pollution prevention plan with visual examinations of storm water 
discharges will help to ensure storm water contamination is minimized. 
Because permittees are not required to conduct sampling, they will be 
able to focus their resources on developing and implementing the 
pollution prevention plan.
    Quarterly visual examinations of a storm water discharge from each 
outfall are required at oil and gas facilities. The examination must be 
of a grab sample collected from each storm water outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, turbidity, floating solids, foam, oil sheen, or other 
obvious indicators of storm water pollution. The examination must be 
conducted in a well lit area. No analytical tests are 

[[Page 50918]]
required to be performed on these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to produce a runoff. Whenever practicable, the same 
individual should carry out the collection and examination of 
discharges throughout the life of the permit to ensure the greatest 
degree of consistency possible. Examinations shall be conducted in each 
of the following periods for the purposes of visually inspecting storm 
water quality associated with storm water runoff and snow melt: January 
through March; April through June; July through September; October 
through December. Grab samples shall be collected within the first 30 
minutes (or as soon thereafter as practical, but not to exceed 60 
minutes) of when the runoff begins discharging. Reports of the visual 
examination include: the examination date and time, examination 
personnel, visual quality of the storm water discharge, and probable 
sources of any observed storm water contamination. The visual 
examination reports must be maintained onsite with the pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    As discussed above, EPA does not believe that chemical monitoring 
is necessary for oil and gas facilities. EPA believes that between 
quarterly visual examinations and site compliance evaluations potential 
sources of contaminants can be recognized, addressed, and then 
controlled with BMPs. In determining the monitoring requirements, EPA 
considered the nature of the industrial activities and significant 
materials exposed at these sites, and performed a review of data 
provided in Part 2 group applications.

J. Storm Water Discharges Associated With Industrial Activity From 
Mineral Mining and Processing Facilities

1. Industry Profile
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This definition included point source discharges of storm 
water from eleven major categories of facilities, including: ``* * * 
(iii) facilities classified as Standard Industrial Classifications 10 
through 14 (mineral industry) including active or inactive mining 
operations (except for areas of coal mining operations no longer 
meeting the definition of a reclamation area under 40 CFR 434.11(l) 
because the performance bond issued to the facility by the appropriate 
SMCRA authority has been released, or except for areas of noncoal 
mining operations which have been released from applicable State or 
Federal reclamation requirements after December 17, 1990) and oil and 
gas exploration, production, processing, or treatment operations, or 
storm water contaminated by contact with, any overburden, raw material, 
intermediate products, finished products, by-products or waste products 
located on the site of such operations.''
    This section only covers storm water discharges associated with 
industrial activities from active and inactive mineral mining and 
processing facilities. Mineral mining and processing facilities 
eligible to seek coverage under this section include the following 
types of operations: Dimension Stone (SIC Code 1411); Crushed and 
Broken Limestone (SIC Code 1422); Crushed and Broken Granite (SIC Code 
1423); Crushed and Broken Stone (SIC Code 1429); Construction Sand and 
Gravel (SIC Code 1442); Industrial Sand and Gravel (SIC Code 1446); 
Kaolin and Ball Clay (SIC Code 1455); Clay, Ceramic, and Refractory 
Minerals (SIC Code 1459); Potash, Soda, and Borate Minerals (SIC Code 
1474); Phosphate Rock (SIC Code 1475); Chemical and Fertilizer Mineral 
Mining (SIC Code 1479); and Miscellaneous Nonmetallic Minerals, Except 
Fuels (SIC Code 1499).
    Storm water discharges covered by this section include all 
discharges where precipitation and storm water runon come into contact 
with significant materials including, but not limited to, raw 
materials, waste products, by-products, overburden, stored materials, 
and fuels. This includes storm water discharges from haul roads, access 
roads, and rail lines used or traveled by carriers of raw materials, 
manufactured products, waste materials, or by-products created by the 
facility.
    This permit may authorize storm water discharges associated with 
industrial activity that are mixed with storm water discharges 
associated with industrial activity from construction activities, 
provided that the storm water discharge from the construction activity 
is in compliance with the terms, including applicable Notice of Intent 
(NOI) or application requirements, of a different NPDES general permit 
or individual permit authorizing such discharges.
    This section does not cover any discharge subject to effluent 
limitation guidelines, unless otherwise specified, including storm 
water that combines with process wastewater. Storm water that does not 
come into contact with any overburden, raw material, intermediate 
product, finished product, by-product, or waste product located on the 
site of the operation are not subject to permitting under this section 
according to Section 402(l)(2) of the Clean Water Act. Today's permit 
contains additional coverage provisions applicable only to mineral 
mining and processing facilities located in Region VI and Region IX 
(the States of Louisiana, New Mexico, Oklahoma, and Texas and Arizona). 
Mine dewatering discharges, which are composed entirely of storm water 
or ground water seepage, and that are not commingled with any process 
waste water from 

[[Page 50919]]
construction sand and gravel, industrial sand, and crushed stone mine 
facilities located in Region VI and Region IX are eligible for coverage 
under today's permit. Such discharges, however, are subject to the 
numeric limitations and compliance monitoring provisions listed in the 
permit.
    This section is applicable to all phases of mining operations, 
whether active or inactive, as long as there is exposure to significant 
materials. This includes land disturbance activities such as the 
expansion of current extraction sites, active and inactive mining 
stages, and reclamation activities.
    This section does not apply to storm water discharges from inactive 
mining operations occurring on Federal lands, unless an operator can be 
identified. These discharges are more appropriately covered under a 
permit currently being developed by EPA.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    There are typically three phases to a mining operation: the 
exploration and construction phase; the active phase; and the 
reclamation phase. The exploration and construction phase entails 
exploration and a certain amount of land disturbance to determine the 
financial viability of a site. Construction includes building of site 
access roads, and removal of overburden and waste rock to expose 
minable ore. These land-disturbing activities are significant potential 
sources of storm water contaminants. The active phase includes each 
step from extraction through production of a saleable product. The 
active phase may include periods of inactivity due to the seasonal 
nature of these mineral mining activities. The final phase of 
reclamation is intended to return the land to its pre-mining state.
    Because of the land-disturbing nature of the mineral mining and 
processing industry, contaminants of concern generated by industrial 
activities in this industry include total suspended solids (TSS), total 
dissolved solids (TDS), turbidity, and pH. Table J-1 lists potential 
pollutant source activities, and related pollutants associated with 
mineral mining and processing facilities.
    Industrial activities, significant materials, and material 
management practices associated with mineral mining and processing 
methods are typically similar, varying only in the type of rock being 
mined. Examples of mineral commodities obtained from mineral mining and 
processing facilities include: crushed stone; construction sand and 
gravel; industrial sand; gypsum; asphaltic minerals; asbestos and 
wollastonite; lightweight aggregates; mica and sericite; barite; 
fluorspar; salines from brine lakes; borax minerals; potash; sodium 
sulfate; trona; rock salt; phosphate rock; frasch sulfur; mineral 
pigments; lithium; bentonite; magnesite; diatomite; jade; novaculite; 
fire clay; attapulite and montmorillonite; kyanite; shale and common 
clay; aplite; tripoli; kaolin; ball clay; feldspar; talc, steatite, 
soapstone and pyrophylite; garnet; and graphite.
    Industrial activities include, ``* * * but [are] not limited to, 
storm water discharges from industrial plant yards; immediate access 
roads and rail lines used or traveled by carriers of raw materials, 
manufactured products, waste material, or by-products used or created 
by the facility; material handling sites; refuse sites; sites used for 
the application or disposal of process wastewaters (as defined at 40 
CFR Part 401); sites used for the storage and maintenance of material 
handling equipment; sites used for residual treatment, storage, or 
disposal; shipping and receiving areas; manufacturing buildings; 
storage areas (including tank farms) for raw materials and intermediate 
and finished materials; and areas where industrial activity has taken 
place in the past and significant materials remain and are exposed to 
storm water'' (40 CFR 122.26(b)(14)). The most common industrial 
activities at mineral mine sites include extraction of the mineral, 
material sizing by crushers, material sorting, and product washing.

        Table J-1.--Activities, Pollutant Sources, and Pollutants       
------------------------------------------------------------------------
      Activity            Pollutant source              Pollutant       
------------------------------------------------------------------------
Site Preparation....  Road Construction.......  Dust, TSS, TDS,         
                                                 turbidity.             
                      Removal of Overburden...  Dust, TSS, TDS,         
                                                 turbidity.             
                      Removal of waste rock to  Dust, TSS, TDS,         
                       expose the mineral body.  turbidity.             
Mineral Extraction..  Blasting activities.....  Dust, TSS.              
Mineral Processing    Rock Sorting............  Dust, TSS, TDS,         
 Activities.                                     turbidity, fines.      
                      Rock Crushing...........  Dust, TSS, TDS,         
                                                 turbidity, fines.      
                      Rock Washing............  TSS, TDS, turbidity, pH.
                      Raw Material Storage....  Dust, TSS, TDS,         
                                                 turbidity.             
                      Waste Rock Storage......  Dust, TSS, TDS,         
                                                 turbidity, pH.         
                      Raw Material Loading....  Dust, TSS, TDS,         
                                                 turbidity.             
                      Processing materials      Diesel fuel, gasoline,  
                       unloading.                oil, lime.             
                      Raw or Waste Material     Dust, TSS, TDS,         
                       Transportation.           turbidity.             
Other Activities....  Sedimentation pond        TSS, TDS, turbidity, pH.
                       upsets.                                          
                      Sedimentation pond        Dust, TSS, TDS,         
                       sludge removal and        turbidity, pH.         
                       disposal.                                        
                      Air emission control      Dust, TSS, TDS,         
                       cleaning.                 turbidity.             
Equipment/Vehicle     Fueling activities......  Diesel fuel, gasoline,  
 Maintenance.                                    oil.                   
                      Parts cleaning..........  Solvents, oil, heavy    
                                                 metals, acid/alkaline  
                                                 wastes.                
                      Waste disposal of oily    Oil, heavy metals,      
                       rags, oil and gas         solvents, acids.       
                       filters, batteries,                              
                       coolants, degreasers.                            
                      Fluid replacement         Oil, arsenic, lead,     
                       including hydraulic       cadmium, chromium,     
                       fluid, oil,               benzene, TCA, TCE,     
                       transmission fluid,       PAHs, solvents.        
                       radiator fluids, and                             
                       grease.                                          
Reclamation           Site preparation for      Dust, TSS, TDS,         
 Activities.           stabilization.            turbidity.             

[[Page 50920]]
                                                                        
                      Fertilizers.............  Nitrogen, phosphorus.   
------------------------------------------------------------------------
Sources: Storm water group applications, Part 1 and 2 and EPA.          
  ``Development Document on the Mineral Mining and Processing Point     
  Source Category.'' (EPA 440/1-76/059b). July 1979.                    


    Significant materials include, ``* * * but [are] not limited to: 
raw materials, fuels, materials such as solvents, detergents, and 
plastic pellets; finished materials such as metallic products; * * * 
hazardous substances designated under Section 101(14) of CERCLA; any 
chemical facilities required to report pursuant to Section 313 of Title 
III of SARA; fertilizers; pesticides; and waste products such as ashes, 
slag, and sludge that have the potential to be released with storm 
water discharge'' (40 CFR 122.26(b)(12)). Significant materials 
commonly found at mining facilities include: overburden; waste rock; 
sub-ore piles; tailings; petroleum-based products; solvents and 
detergents; manufactured products; and other waste materials.
    Materials management practices are defined as those practices 
employed to diminish contact by significant materials with 
precipitation and storm water runon, or practices utilized to reduce 
the offsite discharge of contaminants. To this end, sediment ponds, 
discharge diversion techniques, as well as methods of dispersion, are 
used to minimize impacts of significant materials on storm water. For 
mine sites requiring additional sources of water for processing 
operations, rainfall events as well as storm water runon will be 
managed for use in dust suppression, processing, and washing 
activities. Many mine sites are already equipped with sedimentation 
ponds and other established process wastewater treatment methods in 
order to meet effluent limitation guidelines. Additional storm water 
management practices used at mineral mining facilities include: 
discharge diversions; drainage/storm water conveyances; runoff 
dispersion; sediment control and collection practices; vegetation/soil 
stabilization; and capping contaminated sources.
    Nonmetallic minerals are recovered using four basic forms of 
extraction techniques: open pit, open face or quarry mining; dredging; 
solution mining; and underground mining. Each type of extraction method 
may be followed by varying methods of beneficiation and processing. 
Presented below are brief descriptions of the industrial activities, 
significant materials, and materials management practices associated 
with these four extraction processes and associated beneficiation 
activities. Due to similarities in mining operations for many of the 
minerals within this sector, industrial activities, significant 
materials, and materials management practices are fairly uniform across 
this sector. Unique practices are noted.
    a. Open Pit, Open Face, or Quarry Mining. Many mineral mining and 
processing industries access mineral deposits using open pit, open face 
or quarrying extraction techniques. For facilities producing dimension 
stone, crushed and broken stone, construction and industrial sand and 
gravel, clays, as well as other minerals (borate, phosphate, potash), 
surface mining is generally the most economical form of extraction.
    (1) Industrial Activities. Extraction activities include removal of 
overburden and waste rock to access mineral deposits. These land-
disturbing activities generate piles of topsoil and other overburden as 
well as waste rock, which are typically stored beside, or within, the 
pit or quarry. In addition, land disturbance, blasting, crushing, and 
materials handling activities create large amounts of dust that are 
either dispersed by local wind patterns or collected in air pollution 
control mechanisms. At closure, overburden and waste rock may or may 
not be used to reclaim the pit or quarry depending on Federal, State 
and local requirements. In addition, access roads and rail spurs, and 
associated loading and unloading areas, are found onsite.
    Following extraction, the mined materials may be transferred to a 
nearby beneficiation/processing facility or may be beneficiated within 
the pit or quarry. At a beneficiation/processing facility, unfinished 
materials may be subjected to dry or wet processing methods. Dry forms 
of processing include crushing, grinding, sawing, and splitting of the 
mined material. Wet processing may include simple washing, flotation, 
or heavy media separation.
    (2) Significant Materials. Significant materials generated by most 
extraction activities at open pit, open face, and quarry mines include 
overburden piles, waste rock piles, ore and subore piles, and materials 
spilled from loading and unloading activities. Other exposed materials 
that can be generated at these types of operations (as well as other 
mineral mines), include: tailings from flotation and other separation 
stages; soils impacted by fugitive dust emissions; other process wastes 
such as clays from phosphate mines; settling ponds that receive process 
wastewaters; dredged sediment disposal areas; as well as raw material 
and product storage. Dust and particulate matter collected in air 
pollution control mechanisms may also be disposed of in onsite waste 
piles.
    (3) Materials Management Practices. Materials management practices 
at open pit or quarry mining facilities are typically designed to 
control dust emissions and soil erosion from extraction activities, and 
offsite transport of significant materials. At many facilities 
structural Best Management Practices (BMPs) may have already been 
implemented to manage process wastewaters subject to effluent 
limitation guidelines. Settling ponds and impoundments are commonly 
used to reduce Total Suspended Solids (TSS), Total Dissolved Solids 
(TDS), and other contaminants in process generated wastewaters. These 
controls may also be used to manage storm water runoff and runon with 
potentially few alterations to onsite drainage systems. Some facilities 
included in part 1 of the group applications reported the use of storm 
water diversions to divert storm water away from pits and quarries, raw 
material piles, overburden, and waste rock piles.
    Tailings impoundments are used to manage tailings generated at 
facilities engaged in flotation or heavy media separation operations. 
These impoundments are used to manage beneficiation/processing 
wastewaters generated at the facility and may also be used to manage 
storm water runoff.
    b. Dredging. Dredging is an extraction method used to access 
nonmetallic mineral deposits located in quarries or pits (where 
completely or partially below the water table); in rivers; or 
estuaries; or offshore, in open bays or sounds. For these types of 
operations, ore is recovered using scooping devices and suction 
dredges. Minerals commonly excavated by dredging include sand and 
gravel, and calcium carbonate. 

[[Page 50921]]

    (1) Industrial Activities. The industrial activities at dredging 
facilities include excavation of ore from underwater deposits (e.g., in 
stream beds of perennial or ephemeral streams) by dredges. Processing 
operations may occur on the dredge barges or at adjacent facilities. 
On-board processing activities may include: screening; crushing of 
oversized material; washing; sand classification with hydraulic 
classifying tanks; gravel sizing; heavy media separation; and product 
loading/unloading.
    Dredges that do not perform on-board processing operations load raw 
material on a tow-barge for transport to a land-based processing 
facility. Processing at land facilities typically includes washing to 
remove clay and other impurities; screening; sizing; crushing; 
classifying; and heavy media separation.
    (2) Significant Materials. Significant materials generated at 
dredging facilities include ore material piles, waste material piles of 
oversized, or otherwise unusable materials, and float waste from heavy 
media separation. Clays and undersized fines are dredging waste by-
products that may be returned to the water but may also be stored in 
piles. Sand fines from gravel crushing operations that cannot be sold, 
are a major source of exposed waste material at land-based processing 
facilities. In addition, land-based facilities may also manage dredged 
sediments removed from onsite settling ponds. Haul roads, storage 
piles, on-land waste piles, processing operations, and loading/
unloading operations are other potential sources of storm water 
pollutants at these facilities.
    (3) Materials Management Practices. Hydraulic dredging operations 
in open pits or quarries, or land-based processing facilities, use 
settling ponds for the removal of clay particles, fines, and impurities 
from process wastewaters. These ponds may also be used to manage 
contaminated storm water runoff. Water from the settling ponds or 
basins may be returned to the wet pit to maintain water levels in the 
pit, or may be discharged offsite. Worked out pits may also be used to 
contain solid wastes such as fines and oversized materials. These pits 
are another potential source of storm water contamination in the event 
of heavy precipitation and subsequent overflow.
    Dredging operations in open waters typically discharge process 
wastewater containing fines to the water body without treatment under 
the operator's Clean Water Act Section 404 permit.
    c. Solution Mining. Solution mining extracts minerals from hard 
rock mineral or natural brine sources by underground injection of a 
lixiviant into the ore zone. Minerals are recovered from solution, 
after the solution is brought to the surface, through evaporation or 
flotation. Since most solution mining extraction activities occur 
underground using water to extract values, the potential for these 
mineral deposits to be exposed to storm water is minimal. However, at 
the surface of solution mining operations, industrial activities and 
significant materials, such as haul roads, chemical storage areas, and 
raw material piles, are common to most sites. These industrial 
activities and significant materials are all susceptible to storm water 
exposure and require appropriate storm water management controls.
    Descriptions of industrial activities performed by each type of 
solution mining are provided below. Since the mineral deposits are not 
exposed to storm water for this type of mining, ``industrial 
activities'' describes the type of extraction method used to obtain 
minerals, not activities susceptible to storm water exposure. 
Significant materials, and materials management practices do refer to 
those materials exposed to storm water, and to the subsequent 
management practices used to control storm water.
    Some of the minerals extracted using solution mining include: 
potash; soda; rock salt; borate minerals; chemical and fertilizer 
minerals such as barite, fluorspar, salines from lake brines; lithium; 
and mineral pigments. Many of these minerals may also be recovered 
using surface and/or underground extraction methods.
    (1) Solution Mining--Injection.
    (a) Industrial Activities--Rock salt and potash minerals may be 
recovered by injecting water into subsurface deposits and removing 
minerals in solution. Water is injected through a cased pipe drilled 
into a deposit. Saturated solution is then pumped to the surface for 
processing or storage. Processing may include evaporation, and/or 
flotation to separate the final product.
    (b) Significant Materials--Significant materials at an injection 
solution mining site may include product storage piles, chemical 
storage areas, and haul roads. Very little extracted solution remains 
onsite, since it is often re-injected into the formation.
    (c) Materials Management Practices--Solution mining facilities 
typically operate in arid regions, and are able to use solar 
evaporation ponds to recover minerals from solution. Due to typically 
low precipitation and high evaporation rates in these areas, storm 
water materials management practices may not be prevalent.
    (2) Solution Mining--Frasch Sulfur.
    (a) Industrial Activities--Sulfur is recovered from deposits using 
the Frasch sulfur process, which injects hot, purified, water into the 
subsurface to melt the mineral. Molten sulfur is pumped directly to 
heated tanks at the surface to maintain a saleable product in liquid 
form.
    (b) Significant Materials--Significant materials generated from 
Frasch sulfur mining include elemental sulfur, scrap sulfur, tank 
bottoms, water treatment sludge, bleedwater produced from bleed wells 
used to remove excess injection water, and drilling wastes such as 
muds, acidizing fluids and well workover fluids. Since molten sulfur 
product is piped directly from underground to enclosed storage tanks on 
the surface, it is not exposed to storm water.
    (c) Materials Management Practices--Solid wastes such as elemental 
and scrap sulfur, tank bottoms, and water treatment sludge may be 
disposed of in onsite piles. Liquid wastes such as bleedwater, drilling 
muds, acidizing fluids and workover fluids are typically disposed of in 
reserve pits and/or workover pits. At the completion of drilling, pit 
contents may be dried prior to being covered by a liner and buried. 
Accumulated solids from these pits may also be mixed with clay for use 
as an additive in drilling muds.
    Rainfall runoff and boiler blowdown may be discharged offsite 
without treatment. Other waste generated at these facilities include 
power plant wastes and wastewaters, wastewater from sealing wells, 
sanitary wastes, and miscellaneous other wastewaters collected in drips 
and drains.
    (3) Solution Mining--Evaporation.
    (a) Industrial Activities--Another form of solution mining uses 
evaporation and crystallization of saline waters to produce minerals. 
Potash, soda, borate, and other minerals, are produced from naturally 
occurring fluids such as sea water, or from evaporite mineral deposits 
such as western lake brines. Brines are typically pumped from beneath 
the crystallized surface of a lake and processed by evaporation and 
crystallization. Recovered salts are washed, dried and packaged for 
shipment.
    (b) Significant Materials/Materials Management Practices--
Significant materials associated with these facilities include raw 
material piles, evaporation ponds, and residual brines consisting of 
salts and end liquors, including various added process wastewaters. 
Residual brines generated may be left in solar 

[[Page 50922]]
evaporation ponds or dissolved and returned to the lake or injection 
wells.
    d. Underground Mining. Underground mining techniques are used to 
access mineral deposits located too far underground to access 
economically from the surface. Though typically a more expensive form 
of extraction, advantages to underground mining operations include 
year-round operation, less noise (applicable to facilities located near 
residential areas), and less surface land disturbance. While most 
nonmetallic minerals are extracted from surface operations, some 
minerals existing in bedded or other sedimentary deposits may be 
accessed by underground extraction techniques. Potash, salt, soda, and 
borate minerals, as well as chemical and fertilizer minerals, are some 
of the minerals extracted using this mining method.
    (1) Industrial Activities/Significant Materials. Industrial 
activities that may be associated with storm water discharges include: 
loading/unloading activities; haul roads; products and materials 
storage; waste piles; and processing activities. Exposed materials 
associated with surface beneficiation and processing facilities at 
underground mines are similar to those associated with open pit, open 
face, and quarrying facilities.
    (2) Materials Management Practices. Materials management practices 
for significant materials at the surface of underground mining 
facilities are similar to those materials management practices used at 
open pit, open face, and quarrying operations.
    e. Inactive Mine Sites. Inactive mineral mining and processing 
operations are those where industrial activities are no longer 
occurring. When active, mineral extraction could have occurred from 
open pits or open face mines, solution mines, dredging operations, or 
underground mines. These sites are included in this section because 
significant materials may remain onsite. These materials, if exposed, 
are potential sources of storm water pollutants. Until an inactive 
mineral mining and processing facility has been reclaimed under 
applicable State or Federal laws, the site is considered associated 
with an ``industrial activity'' and is subject to this section. Due to 
the seasonal nature of this industry, many mine sites can become 
temporarily inactive for extended periods.
2. Pollutants in Storm Water Discharges Associated With Mineral Mining 
and Processing Facilities
    Impacts caused by storm water discharges from active and inactive 
mineral mining and processing operations will vary. Several factors 
influence to what extent significant materials from mineral mining and 
processing operations may affect water quality. Such factors include: 
geographic location; hydrogeology; the type of mineral extracted; the 
mineralogy of the extracted resource and the surrounding rock; how the 
mineral was extracted (e.g., quarrying/open face, dredging, solution, 
or underground mining operations); the type of industrial activities 
occurring onsite (e.g., extraction, crushing, washing, processing, 
reclamation etc.); the size of the operation; and type, duration, and 
intensity of precipitation events. Each of these and other factors will 
interact to influence the quantity and quality of storm water runoff. 
For example, air emissions (i.e., settled dust) may be a significant 
source of pollutants at some facilities while materials storage is a 
primary source at others. In addition, sources of pollutants other than 
storm water, such as illicit connections,71 spills, and other 
improperly dumped materials, may increase the pollutant loadings 
discharged into waters of the United States.

    \71\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at mineral mining and processing facilities is low yet 
it still may be applicable at some operations.
---------------------------------------------------------------------------

    The part 2 group application data requirements did not identify 
individual site characteristics which may be responsible for elevated 
or insignificant conventional pollutant loadings.
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the mineral mining and processing industry into 
subsectors to properly analyze sampling data and determine monitoring 
requirements. As a result, this sector has been divided into the 
following subsectors: dimension stone, crushed stone mining and 
nonmetallic minerals mining (except fuels); sand and gravel mining; 
clay, ceramic, and refractory materials mining; chemical and fertilizer 
mineral mining. The tables below include data for the eight pollutants 
that all facilities were required to monitor for under Form 2F. The 
tables also list those parameters that EPA has determined merit further 
monitoring. A table has not been included for the following facilities 
because less than 3 facilities submitted data in these subsectors: 
clay, ceramic, and refractory materials mining; and chemical and 
fertilizer mineral mining facilities.

                       Table J-2.--Statistics for Selected Pollutants Reported by Dimension Stone and Crushed Products Facilities Submitting Part II Sampling Datai (mg/L)                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant                No. of        No. of samples          Mean               Minimum              Maximum               Median           95th percentile       99th percentile   
-----------------------------    facilities    -------------------------------------------------------------------------------------------------------------------------------------------------
                             ------------------                                                                                                                                                 
         Sample type            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab       Comp       Grab       Comp       Grab        Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................       12        8       15       11      6.3       7.0       0.0       0.0       22.3       16.0       4.0        6.0       19.4       16.9        36.1       25.4 
COD.........................       12        8       16       10     37.9      46.4       0.0       0.0      140.0      140.0      33.0       44.0      136.1      159.8       243.3      284.8 
Nitrate + Nitrite Nitrogen..        6        2       10        4      0.59      0.08      0.00      0.00       3.00       0.30      0.10       0.00       2.89        .          7.96        .  
Total Kjeldahl Nitrogen.....       12        8       15       10      1.56      1.91      0.10      0.34       5.71       6.89      0.67       1.15       6.12       6.47       13.70      13.09
Oil & Grease................       11      N/A       15      N/A      1.7     N/A         0.0     N/A         10.0      N/A         0.0      N/A          9.8      N/A          27.4      N/A   
pH..........................       11      N/A       15      N/A    N/A       N/A         6.2     N/A          8.5      N/A         7.2      N/A          8.4      N/A           8.9      N/A   
Total Phosphorus............       12        8       15       10      0.70      0.24      0.00      0.00       7.06       0.71      0.20       0.17       3.12       1.18       10.36       2.89
Total Suspended Solids......       12        8       15       10   2522      1920         0         0      27100      13300       124        636      27188      10641      217687     38624    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 50923]]
                             Table J-3.--Statistics for Selected Pollutants Reported by Sand and Gravel Products Facilities Submitting Part II Sampling Datai (mg/L)                            
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Pollutant                   No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
-----------------------------------    facilities    -------------------------------------------------------------------------------------------------------------------------------------------
                                   ------------------                                                                                                                                           
            Sample type               Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..............................        8        5        9        5      6.4       8.7       0.0       0.0      35.0      17.0       3.3       7.4      27.8      23.1       67.0       34.5 
COD...............................        7        5        8        5    145.9     102.8       0.0      12.0     404.0     185.0      54.2     116.0     635.5     441.5     1366.7      916.1 
Nitrate + Nitrite Nitrogen........        7        5        8        5      1.56      3.31      0.00      0.54      9.00      8.80      0.41      1.63     11.56     12.50      44.19      25.92
Total Kjeldahl Nitrogen...........        7        5        8        5      1.79      1.60      0.48      0.80      4.90      3.10      1.42      0.96      4.42      3.84       7.00       5.90
Oil & Grease......................        8      N/A        9      N/A      1.3     N/A         0.0     N/A         5.9     N/A         0.0     N/A         5.1     N/A          8.0      N/A   
pH................................        9      N/A       10      N/A    N/A       N/A         6.0     N/A        10.0     N/A         8.2     N/A        10.8     N/A         12.2      N/A   
Total Phosphorus..................        7        5        8        5      1.39      1.07      0.04      0.11      4.69      2.61      0.53      1.10     10.02      5.50      37.75      13.65
Total Suspended Solids............        7        5        8        5    503       519         0        13      2400      1400        97       232      3981      4367      19143     15278    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


3. Options for Controlling Pollutants
    There are two options for reducing pollutants in storm water 
discharges: end-of-pipe treatment and implementing Best Management 
Practices to prevent and/or eliminate pollution. Discharges from mining 
operations are in some ways dissimilar to other types of industrial 
facilities. Mining facilities are often in remote locations and may 
operate only seasonally or intermittently, yet need year-round controls 
because significant materials remain exposed to precipitation when 
reclamation is not completed. These characteristics make resource 
intensive end-of-pipe management controls less desirable.
    A comprehensive storm water management program for a given plant 
may include controls from each of these categories. Development of 
comprehensive control strategies should be based on a consideration of 
site and facility plant characteristics.
    a. End-of-Pipe Treatment. At many mineral mining and processing 
operations, it may be appropriate to collect and treat the runoff from 
targeted areas of the facility. This approach was taken with 12 
industrial categories within the mineral mining and processing 
industry, subject to national effluent limitation guidelines for 
process water. Table J-4 identifies the effluent limitation guidelines 
for process water and for the mineral mining and processing sector. 
There are several areas where process wastewater guidelines influence 
the permitting strategy for storm water discharges. Whenever storm 
water and process wastewater combine, the storm water is treated as 
process wastewater. To meet the numeric effluent limitation for process 
water, most, if not all, facilities must collect and temporarily store 
onsite runoff from targeted areas of the plant. The effluent limitation 
guidelines do not apply to discharges whenever rainfall events, either 
chronic or catastrophic, cause an overflow of storage devices designed, 
constructed, and maintained to contain a 10-year, 24-hour storm. Most 
technology-based treatment standards, used for treating process waters, 
are based on relatively simple technologies such as settling of solids, 
neutralization, and drum filtration.

     Table J-4.--Mineral Mining and Processing: Effluent Limitation     
                               Guidelines                               
------------------------------------------------------------------------
  SIC                                                                   
 Code         Category             Subcategory       Effluent guidelines
------------------------------------------------------------------------
1411..  Dimension Stone.....  N/A.................  Reserved            
1422..  Crushed and Broken    N/A.................  For Facilities that 
         Limestone.                                  recyle process     
                                                     waste water: pH 6.0-
                                                     9.0.               
1423..  Crushed and Broken    ....................  Mine dewatering     
         Granite.                                    discharges: pH 6.0-
                                                     9.0.               
1429..  Crushed and Broken    ....................  In no case shall a  
         Stone, Not                                  pH limitation      
         Elsewhere                                   outside the range  
         Classified.                                 of 5.0-9.0 be      
                                                     permitted.         
1442..  Construction Sand     N/A.................  For facilities that 
         and Gravel.                                 recycle process    
                                                     waste water: pH 6.0-
                                                     9.0.               
        ....................  ....................  Mine dewatering     
                                                     discharges: pH 6.0-
                                                     9.0.               
        ....................  ....................  In no case shall a  
                                                     pH limitation      
                                                     outside the range  
                                                     of 5.0-9.0 be      
                                                     permitted.         
1446..  Industrial Sand.....  N/A.................  All operations      
                                                     except HF          
                                                     flotation:         
        ....................  ....................  TSS: Not to exceed  
                                                     45mg/L maximum for 
                                                     any 1 day; Average 
                                                     over 30 days not to
                                                     exceed 25 mg/L.    
        ....................  ....................  pH Within range 6.0-
                                                     9.0.               
        ....................  ....................  For facilities using
                                                     HF flotation:      
        ....................  ....................  TSS: Not to exceed  
                                                     0.046 mg/L maximum 
                                                     for any 1 day;     
                                                     Average over 30    
                                                     days not to exceed 
                                                     0.023 mg/L.        
        ....................  ....................  Total Fluoride:     
                                                     Maximum for 1 day: 
                                                     0.006 mg/L; Average
                                                     over 30 days: 0.003
                                                     mg/L.              
        ....................  ....................  pH Within range 6.0-
                                                     9.0.               
        ....................  ....................  Mine dewatering     
                                                     discharges:        
        ....................  ....................  TSS: Maximum for 1  
                                                     day: 45 mg/L;      
                                                     Average over 30    
                                                     days: 25 mg/L.     
        ....................  ....................  pH: Within range 6.0-
                                                     9.0.               
1455..  Kaolin and Ball Clay  Ball Clay Kaolin....  Reserved.           
1459..  Clay, Ceramic, and    Bentonite Magnesite.  No Discharge.       
         Refractory                                                     
         Minerals, Not                                                  
         Elsewhere                                                      
         Classified.                                                    

[[Page 50924]]
                                                                        
        ....................  Feldspar, Fire Clay,  Reserved.           
                               Attapulgite, and                         
                               Montmovillonite,                         
                               Kyanite, Shale and                       
                               Common Clay Aplite.                      
1474..  Potash, Soda, and     Borax, Potash,        No Discharge.       
         Borate Minerals.      Sodium Sulfate.                          
        ....................  Trona, Rock Salt....  Reserved.           
1475..  Phosphate Rock......  N/A.................  Existing Sources.   
        ....................  ....................  TSS: Maximum for any
                                                     1 day: 60 mg/L;    
                                                     Average over 30    
                                                     days: 30 mg/L.     
        ....................  ....................  pH: Within range 6.0-
                                                     9.0.               
        ....................  ....................  New sources, process
                                                     generated          
                                                     wastewater and mine
                                                     dewatering         
                                                     discharges:        
        ....................  ....................  TSS: Maximum for any
                                                     1 day: 60 mg/L;    
                                                     Average over 30    
                                                     days: 30 mg/L.     
        ....................  ....................  pH: Within range 6.0-
                                                     9.0.               
1479..  Chemical and          Barite, Fluorspar,    No Discharge.       
         Fertilizer Mineral    Salines from Brine                       
         Mining, Not           Lakes, Frasch                            
         Elsewhere             Sulfur.                                  
         Classified.                                                    
        ....................  Mineral Pigments,     Reserved.           
                               Lithium.                                 
1499..  Miscellaneous         Graphite............  Process waste water 
         Nonmetallic                                 and mine drainage  
         Minerals, Except                            subject to ELG:    
         Fuels.                                                         
        ....................  ....................  TSS: Maximum for any
                                                     1 day: 20 mg/L;    
                                                     Average over 30    
                                                     days: 10 mg/L.     
        ....................  ....................  Total Fe: Maximum   
                                                     for any 1 day: 2 mg/
                                                     L; Average over 30 
                                                     days: 1 mg/L.      
        ....................  ....................  pH: Within range 6.0-
                                                     9.0.               
        ....................  Gypsum, Asphaltic     No discharge.       
                               Minerals, Asbestos                       
                               and Wollastonite,                        
                               Diatomite, Jade,                         
                               Tripoli (Dry                             
                               Processes Only).                         
        ....................  Garnet, Talc,         Reserved.           
                               Steatite,                                
                               Soapstone,                               
                               Pyrophyllite, Mica                       
                               and Sericite.                            
------------------------------------------------------------------------


    End-of-pipe treatments are effective means to control process 
wastewaters because the types of pollutants and the volume of water to 
be treated are known. However, storm water discharges from mineral 
mining and processing facilities can be numerous, intermittent, and of 
various volumes. Channelization of all storm water that comes into 
contact with significant materials into a single treatment facility, or 
construction of numerous treatment devices for each discharge is too 
burdensome for the regulated community. Therefore, EPA believes that 
the most appropriate means of storm water management at mineral mining 
and processing facilities are BMPs. BMPs allow the mine site operator 
to choose a particular BMP that is best for the characteristics of a 
particular site and to control parameters of concern.
    b. Best Management Practices. EPA believes that the most effective 
storm water management controls for limiting the offsite discharge of 
storm water pollutants from mineral mining and processing facilities 
are source reduction BMPs. Source reduction BMPs are methods by which 
discharges of contaminants are controlled with little or no required 
maintenance. Examples of these types of controls include source 
reduction diversion dikes, vegetative covers, and berms. Source 
reduction practices are typically (but not always) low in cost and 
relatively easy to implement. In some instances, more resource 
intensive treatment BMPs, including sedimentation ponds, may be 
necessary depending upon the type of discharge, types and 
concentrations of contaminants, and volume of flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
and volume and type of discharge generated. Each facility will be 
unique in that the source, type, and volume of contaminated storm water 
discharges will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with mining activity.
    The following six categories describe best management practice 
options for reducing pollutants in storm water discharges from mineral 
mining and processing operations: discharge diversions; drainage/storm 
water conveyance systems; runoff dispersion; sediment control and 
collection; vegetation/soil stabilization; capping of contaminated 
sources.
    Typical land disturbance activities at mineral mining and 
processing sites include roads, open pits and quarries, topsoil, 
overburden, waste rock, subore, ore and product piles; materials 
storage, mill tailings, ponds and piles, as well as vehicle maintenance 
and storage areas. Because mineral mining and processing is largely a 
land disturbance activity, BMPs that minimize erosion and sedimentation 
will be most effective if installed at the inception of operations and 
maintained throughout active operations and reclamation of the site. 
From the construction of access and haul roads to closure and 
reclamation activities, implementation of BMPs is often essential to 
minimizing long-term environmental impacts to an area.
    Part 1 group application data indicate that several types of BMPs 
have been implemented at sampling facilities. Commonly used BMPs were 
sediment control and collection and discharge diversion devices. 
However, the group application process did not require a description of 
BMP locations and did not require applicants to describe the number of 
identical BMPs implemented 

[[Page 50925]]
at each site. As a result, the effectiveness of BMPs for storm water 
management, at these facilities cannot be evaluated.
    In addition, many of the BMPs listed by facilities may have been 
implemented as process wastewater treatment mechanisms and are not 
exclusively used for storm water management. For instance, 43 percent 
of the sampling subgroup reported using ponds for sediment control and 
collection. Since some facilities classified as SIC Code 14 are subject 
to process water effluent limitation guidelines, sedimentation ponds 
may have been implemented to meet the limit.
    Because BMPs described in the part 1 data are limited, EPA is 
providing an overview of supplementary BMPs for use at mineral mining 
and processing facilities. However, due to the site-specific nature of 
facilities within this sector, BMPs cited do not preclude the use of 
other viable BMP options. Table J-5 summarizes BMP options as they 
apply to land disturbance activities at mineral mining and processing 
facilities. Sources of BMP information include: ``Sediment and Erosion 
Control: An Inventory of Current Practices--Draft,'' EPA, April 20, 
1990; ``Storm Water Management for Industrial Activities: Developing 
Pollution Prevention Plans and Best Management Practices,'' EPA, 
September, 1992 (EPA 832-R-92-006); ``Best Management Practices for 
Mining in Idaho,'' Idaho Department of Lands, November 1992; and 
``Erosion & Sediment Control Handbook,'' Goldman et al., McGraw-Hill 
Book Company, 1986.

                                       Table J-5.--Summary of Mine Areas and Applicable Best Management Practices                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Sediment control &                                             
 Land-disturbed area  Discharge diversions   Conveyance systems     Runoff dispersion        collection            Vegetation            Containment    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haul Roads and        Dikes, Curbs, Berms.  Channels, Gutters,    Check Dams, Rock      Gabions, Riprap,      Seeding, Willow       ....................
 Access Roads.                               Culverts, Rolling     Outlet Protection,    Native Rock           Cutting                                  
                                             Dips, Road Sloping,   Level Spreaders,      Retaining Walls,      Establishment.                           
                                             Roadway Water         Stream Alteration,    Straw Bale                                                     
                                             Deflectors.           Drop Structures.      Barriers, Sediment                                             
                                                                                         Traps/Catch Basins,                                            
                                                                                         Vegetated Buffer                                               
                                                                                         Strips.                                                        
Pits/Quarries or      Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Sediment Settling     Seeding.............  Plugging and        
 Underground Mines.                                                Benched Slopes,       Ponds, Straw Bale                           Grouting           
                                                                   Contouring, Stream    Barrier, Siltation                                             
                                                                   Alteration.           Berms.                                                         
Overburden, Waste     Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Plastic Matting,      Topsoiling, Seedbed   Capping             
 Rock and Raw                                                      Benched Slopes,       Plastic Netting,      Preparation,                             
 Material Piles.                                                   Contouring, Stream    Erosion Control       Seeding.                                 
                                                                   Alteration.           Blankets, Mulch-                                               
                                                                                         straw, Compaction,                                             
                                                                                         Sediment/Settling                                              
                                                                                         Ponds, Silt Fences,                                            
                                                                                         Siltation Berms.                                               
Reclamation.........  Dikes, Curbs, Berms.  Channels, Gutters...  Check Dams, Rock      Gabions, Riprap, and  Topsoiling, Seedbed   Capping, Plugging   
                                                                   Outlet Protection,    Native Rock           Preparation,          and Grouting       
                                                                   Level Spreaders,      Retaining Walls,      Seeding, Willow                          
                                                                   Serrated Slopes,      Biotechnical          Cutting                                  
                                                                   Benched Slopes,       Stabilization,        Establishment.                           
                                                                   Contouring, Drain     Straw Bale                                                     
                                                                   Fields, Stream        Barriers, Sediment                                             
                                                                   Alteration, Drop      Traps/Catch Basins,                                            
                                                                   Structures.           Vegetative Buffer                                              
                                                                                         Strips, Silt                                                   
                                                                                         Fences, Siltation                                              
                                                                                         Berms, Brush                                                   
                                                                                         Sediment Barriers.                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Haul Roads and Access Roads--Placement of haul roads or access 
roads should occur as far as possible from natural drainage areas, 
lakes, ponds, wetlands or floodplains where soil will naturally be less 
stable for heavy vehicle traffic. If a haul road must be constructed 
near water, as little vegetation as possible should be removed from 
between the road and the waterway, as vegetation is a useful buffer 
against erosion and is an efficient sediment collection mechanism. The 
width and grade of haul or access roads should be minimal and should be 
designed to match natural contours of the area. Construction of haul 
roads should be supplemented by BMPs that divert runoff from road 
surfaces, minimize erosion, and direct flow to appropriate channels for 
discharge to treatment areas.
    Pits or Quarries--Excavation of a pit or quarry must be accompanied 
by BMPs to minimize impacts to area surface waters. As discussed in 
construction of haul roads, as little vegetation as possible should be 
removed from these areas during excavation activities to minimize 

[[Page 50926]]
exposed soils. In addition, stream channels and other sources of water 
that may discharge into a pit or quarry should be diverted around that 
area to prevent contamination.
    Overburden, Waste Rock, and Raw Material Piles--Overburden, 
topsoil, and waste rock, as well as raw material and intermediate and 
final product stockpiles should be located away from surface waters and 
other sources of water, and from geologically unstable areas. If this 
is not practicable, surface water should be diverted around the piles. 
As many piles as possible should be revegetated (even if only on a 
temporary basis). At closure, remaining units should be reclaimed.
    BMPs can be used to control total suspended solids levels in runoff 
from unvegetated areas. These can include sediment/settling ponds, 
check dams, silt fences, and straw bale barriers.
    Reclamation Activities--When a mineral deposit is depleted and 
operations cease, a mine site must be reclaimed according to 
appropriate State or Federal standards. Closure activities typically 
include restabilization of any disturbed areas such as access or haul 
roads, pits or quarries, sedimentation ponds or work-out pits, and any 
remaining waste piles. Overburden and topsoil stockpiles may be used to 
fill in a pit or quarry (where practical). Recontouring and vegetation 
should be performed to stabilize soils, and prevent erosion.
    Major reclamation activities such as recontouring roads and filling 
in a pit or quarry can only be performed after operations have ceased. 
However, reclamation activities such as stabilization of banks and 
reseeding and revegetation should be implemented in mined out portions, 
or inactive areas of a site as active mining moves to new areas.
    EPA recognizes that quarries are frequently converted into 
reservoirs or recreational areas, after the mineral deposit is 
depleted. However, this does not preclude the reclamation of disturbed 
areas above the quarry rim.
    (1) Discharge Diversions. Discharge diversions provide the first 
line of defense in preventing the contamination of discharges and the 
subsequent contamination of receiving waters of the United States. 
Discharge diversions are temporary or permanent structures installed to 
divert flow, store flow, or limit storm water runon and runoff.
    These diversion practices have several objectives. First, diversion 
structures can be designed to prevent otherwise uncontaminated (or less 
contaminated) water from crossing disturbed areas or areas containing 
significant amounts of contaminated materials, where contact may occur 
between runon and significant materials. These source reduction 
measures may be particularly effective for mineral mining and 
processing operations to prevent runon of uncontaminated discharges 
from contacting exposed materials and/or reduce the flow across 
disturbed areas, thereby lessening the potential for erosion. Second, 
diversion structures can be used to collect or divert waters for later 
treatment if necessary. The usefulness of these control measures are 
limited by such factors as the size of the area to be controlled and 
the type and nature of materials exposed and precipitation events.
    Diversion dikes, curbs, and berms are temporary or permanent 
diversion structures that prevent runoff from passing beyond a certain 
point, and divert runoff away from its intended path. Dikes, curbs or 
berms may be used to surround and isolate areas of concern at mineral 
mining and processing sites, diverting flow around piles of overburden, 
waste rock, and storage areas, to minimize discharge contact with 
contaminated materials and to limit discharges of contaminated water 
from confined areas.
    (2) Drainage/Storm Water Conveyance Systems. Drainage or storm 
water conveyance systems can provide either a temporary or a permanent 
management practice which functions to channel water away from eroded 
or unstabilized areas, convey runoff without causing erosion, and/or 
carry discharges to more stabilized areas. The use of drainage systems 
as a permanent measure may be most appropriate in areas with extreme 
slopes, areas subject to high velocity runoff, and other areas where 
the establishment of substantial vegetation is infeasible or 
impractical. For instance, several BMPs described below may be useful 
storm water and erosion control methods applicable to road construction 
and maintenance activities.
    Channels or Gutters--Channels or gutters collect storm water runoff 
and direct its flow. Like diversion systems, channels or gutters may 
act to divert runoff away from a potential source of contamination, but 
may also be used to channel runoff to a collection and/or treatment 
area including settling ponds, basins or work-out pits.
    Open Top Box Culverts, and Waterbars--These structures are 
temporary or permanent structures that divert water from a roadway 
surface. Open top box culverts may be used on steeply graded, unpaved 
roads in place of pipe culverts to divert surface runoff and flow from 
inside ditches onto the downhill slope of a road. These structures are 
typically made of wood and should periodically be monitored and 
repaired if necessary.
    Waterbars are berms built by a dozer or by hand to a one to two 
foot height. They serve to extend the entire width of the road, with a 
downslope angle between 30 and 40 percent. Waterbars are kept open at a 
discharge end to allow water to flow away from the road and require 
little maintenance. These berms may be used as temporary or permanent 
structures.
    Rolling Dips and Road Sloping--Rolling dips and road sloping are 
permanent water diversion techniques installed using natural contours 
of the land during road construction. These BMPs prevent water 
accumulation on road surfaces and divert surface runoff toward road 
ditches which then convey the storm water to ponds or other management 
areas.
    Roadway Surface Water Deflector--A roadway surface water deflector 
is another technique to prevent accumulation of water on road surfaces. 
The structure uses a conveyor belt sandwiched between two pieces of 
treated wood and placed within the road to deflect water. This is a 
useful technique for steeply graded, unpaved roads.
    Culverts--Culverts are permanent surface water diversion mechanisms 
used to convey water off of, or underneath a road. Made of corrugated 
metal, they must extend across the entire width of the road and beyond 
the fill slope. Additional erosion control mechanisms may need to be 
installed at the discharge end of the culvert.
    (3) Runoff Dispersion. Drainage systems are most effective when 
used in conjunction with runoff dispersion devices designed to slow the 
flow of water discharged from a site. These devices also aid storm 
water infiltration into the soil and flow attenuation. Some examples of 
velocity dissipation devices include check dams, rock outlet 
protection, level spreaders, and serrated and benched slopes.
    Check Dams--Check dams are small temporary dams constructed across 
swales or drainage ditches to reduce the velocity of runoff flows 
thereby reducing erosion and failure of the swale or ditch. This 
slowing reduces erosion and gullying in the channel and allows 
sediments to settle.
    Check dams may be installed in small temporary or permanent 
channels where vegetation of the channel lining is not feasible and 
where there is danger of erosion. These may be areas where installation 
of nonerosive liners are not cost effective. 

[[Page 50927]]

    Check dams diminish the need for more stringent erosion control 
practices in the drainage ditch since they decrease runoff velocity. 
When constructing check dams, the use of overburden or waste rock 
should be avoided where there is the potential for contamination.
    Rock Outlet Protection--Rock protection placed at the outlet end of 
culverts, channels, or ditches reduces the depth, velocity, and 
destructive energy of water such that the flow will not erode the 
downstream reach. The use of some materials (e.g., mine waste rock or 
ore) should be avoided where contamination may occur. As with check 
dams, rock outlet protection may also be used as a source reduction 
treatment mechanism by using rocks containing limestone or other 
alkaline materials to neutralize acidic discharges.
    Level Spreaders--Level spreaders are outlets for dikes and 
diversions consisting of an excavated depression constructed at zero 
grade across a slope. Level spreaders diffuse storm water point sources 
and release it onto areas stabilized by existing vegetation.
    Serrated Slopes and Benched Slopes--These runoff dispersion methods 
break up flow of runoff from a slope, decreasing its ability to erode. 
Serrated and benched slopes provide flat areas that allow water to 
infiltrate, and space for vegetation to grow and reinforce soils. 
Serrated slopes are equipped with small steps, from one to two feet of 
horizontal surface exposed on each step. Benched slopes have larger 
steps with vertical cuts between two and four feet high.
    Contouring--Surface contouring is the establishment of a rough soil 
surface amenable to revegetation through creating horizontal grooves, 
depressions, or steps that run with the contour of the land. Slopes may 
also be left in a roughened condition to reduce discharge flow and 
promote infiltration. Surface roughening aids in the establishment of 
vegetative cover by reducing runoff velocity and giving seed an 
opportunity to take hold and grow.
    This technique is appropriate for all slopes steeper than 3:1 in 
order to facilitate stabilization of the slope and promote the growth 
of a vegetative cover. Once areas have been contoured, they should be 
seeded as quickly as possible.
    Drain Fields--Drain fields are used to prevent the accumulation of 
water and/or ground water at a site by diverting infiltrating sources 
through gravity flow or pumping. Typically filled with porous, 
permeable materials such as graded rock, or perforated pipe, and lined 
with geotextile fabric, these mechanisms are useful underneath 
significant materials, reducing the amount of water that ultimately 
comes into contact with significant materials.
    Stream Alteration--Altering or channelizing the path of a stream to 
bypass all or some disturbed areas on a site, allows additional mining 
activities and avoids contamination of stream water by disturbed lands. 
This practice is complicated, however, by the need to restore the 
channel when mining operations end.
    Drop Structures--Drop structures are large angular rocks placed in 
a V-shaped pattern to slow the velocity of storm water runoff. These 
structures are typically reinforced by logs or large rocks imbedded in 
the streambanks.
    (4) Sediment Control and Collection. Sediment control and 
collection limits movement and retains sediments from being transported 
offsite. Several structural collection devices have been developed to 
remove sediment from runoff before it leaves the site. Several methods 
of removing sediment from site runoff involve diversion mechanisms 
previously discussed, supplemented by a trapping or storage device. 
Structural practices typically involve filtering diffuse storm water 
flows through temporary structures such as straw bale dikes, silt 
fences, brush barriers or vegetated areas.
    Structural practices are typically low in cost. However, structural 
practices require periodic removal of sediment to remain functional. As 
such, they serve as more active-type practices which may not be 
appropriate for permanent use at inactive mines. However, these 
practices may be effectively used as temporary measures during active 
operation and/or prior to the final implementation of permanent 
measures.

(a) Temporary Treatments

    Plastic Matting, Plastic Netting, and Erosion Control Blankets--
These BMPs are used to protect bare soils and control dust and erosion. 
Mats and blankets help to promote vegetative growth by maintaining 
moisture and heat within the soil. Plastic matting and netting improve 
slope stabilization and may be used as a permanent treatment to 
encourage grass growth. Plastic netting is a more effective material to 
use while promoting growth of vegetation as it permits sunlight to 
penetrate through to the soils. Erosion control blankets also stabilize 
slopes and control erosion. These blankets may be made of jute or 
plastic netting which are more expensive than straw.
    Mulch-straw or Wood Chips--Mulches and wood chips are useful 
temporary covers for bare or seeded soils with an erosion control 
effectiveness rating of 75 to 98 percent.72 Like matting, mulch-
straw or wood chips help soils retain moisture and warmth to promote 
vegetative growth. Used on slopes and/or in combination with nylon 
netting, these materials may prevent erosion by wind and water. Over 
time, however, the mulch cover will decrease in effectiveness.

    \72\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990.
---------------------------------------------------------------------------

    Compaction--Soil compaction using a roller or other heavy equipment 
increases soil ``strength'' by increasing its density. More dense soil 
is less prone to erosion and long-term soil settlement. The surface of 
compacted soils should be roughed and seeded or vegetated to increase 
its durability.

(b) Permanent Treatments

    Sediment/Settling Ponds--Sediment ponds function as sediment traps 
by containing runoff for long periods of time, allowing suspended 
solids to settle. These structures can achieve a high removal rate of 
sediment for both process wastewater and storm water discharges. 
Sediment/settling ponds are easily constructed and require minimal 
maintenance. Their flexibility to treat both process wastewater and 
storm water makes the use of ponds a desirable treatment for discharges 
from mineral mining and processing facilities. Of course, site 
characteristics must be such that some or all discharges can be 
practically channeled to a centralized area for treatment. Where this 
is not practical, the cost of constructing multiple sediment ponds may 
become prohibitive. In addition, periodic dredging may be required in 
order to maintain the capacity of these ponds.
    Discharge ponds may also be designed to act as surge ponds which 
are designed to contain storm surges and then completely drain in about 
24 to 40 hours, and remain dry during times of no rainfall. They can 
provide pollutant removal efficiencies that are similar to those of 
detention ponds.73 Storm surge ponds are typically designed to 
provide both water quality and water quantity (flood control) 
benefits.74

    \73\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
November 1990.
    \74\ ``Urban Surface Water Management,'' Walesh, S.G., Wiley, 
1989.
---------------------------------------------------------------------------

    Gabions, Riprap, and Native Rock Retaining Walls--These BMPs are 
all forms of slope stabilization. Gabions consist of rocks (riprap) 
contained by rectangular wire boxes or baskets for use as permanent 
erosion control structures. 

[[Page 50928]]
Riprap consists of loose rocks placed along embankments to prevent 
erosion. Native rock retaining walls are another form of slope 
stabilization, with walls up to five feet in height, constructed from 
native rock to reinforce a steep slope.
    Biotechnical Stabilization--Biotechnical stabilization uses live 
brush imbedded in the soils of a steep slope to prevent erosion. This 
method relies on the premise that the imbedded vegetation will 
eventually root and help stabilize the slope.
    Straw Bale Barrier--Straw bales may be used as temporary berms, 
barriers, or diversions; capturing sediments, filtering runoff. When 
installed and maintained properly, these barriers remove approximately 
67 percent of the sediment load.75 These barriers are applicable 
across small swales, in ditches, and at the toe of bare slopes where 
there is a temporary large volume of sediment laden runoff.

    \75\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-14.
---------------------------------------------------------------------------

    Sediment Traps or Catch Basins--These temporary or permanent 
structures are useful for catching and storing sediment laden storm 
water runoff and are particularly useful during construction activities 
to contain runoff. The effectiveness of these BMPs is better in smaller 
drainage basin areas. Sediment traps are less than 50 percent effective 
in removing sediment from storm water runoff.76

    \76\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-26.
---------------------------------------------------------------------------

    Vegetated Buffer Strips--The installation of vegetated buffer 
strips will reduce runoff and prevent erosion at a removal efficiency 
rate of 75 to 99 percent depending upon the ground cover.77 In 
addition, vegetated buffer strips catch and settle sediment contained 
in the storm water runoff prior to reaching receiving waters.

    \77\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-7.
---------------------------------------------------------------------------

    Silt Fence/Filter Fence--A low fence made of filter fabric, wire 
and steel posts, should be used on small ephemeral drainage areas where 
storm water collects or leaves a mine site. Silt fences remove 97 
percent of the sediment load and are easier to maintain and remove 
without creating lasting impacts to the environment.78 Silt and 
filter fences need to be inspected periodically and may not be as 
effective as straw bales, since fabric may become clogged with fine 
particles preventing water flow.

    \78\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-15.
---------------------------------------------------------------------------

    Silt fences may have limited applicability for large areas. They 
are most effective for use in a small drainage areas. These fences may 
also be used in conjunction with nonstructural practices to maintain 
the integrity of soil prior to the establishment of vegetation.
    Siltation Berms--Siltation berms are typically placed on the 
downslope side of a disturbed area to act as an impermeable barrier for 
the capture and retention of sediments in surface water runoff. Plastic 
sheeting is typically used to cover the berm. The berm and the plastic 
sheeting may require periodic maintenance and repair.
    Brush Sediment Barriers--Brush barriers are temporary sediment 
barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
other cleared materials placed at the toe of a slope. A brush barrier 
is effective only for small drainage areas, usually less than 1/4 acre, 
where the slope is minimal.
    Brush barriers do not function as permanent barriers since over 
time the barrier itself will degrade. This BMP is most effective when 
located at the toe of a slope of an area in which vegetation is being 
grown or during temporary operations. The brush barriers remove any 
excessive sediment generated by erosion prior to the establishment of 
vegetation.
    (5) Vegetation Practices. Vegetation practices involve establishing 
a sustainable ground cover by permanent seeding, mulching, sodding, and 
other such practices. A vegetative cover reduces the potential for 
erosion of a site by: absorbing the kinetic energy of raindrops which 
would otherwise impact soil; intercepting water so it can infiltrate 
into the ground instead of running off and carrying contaminated 
discharges; and by slowing the velocity of runoff to promote onsite 
deposition of sediment. Vegetative controls are often the most 
important measures taken to prevent offsite sediment movement and can 
provide a six-fold reduction in the discharge of suspended sediment 
levels.79 Permanent seeding has been found to be 99 percent 
effective in controlling erosion for disturbed land areas.80 Many 
States require that topsoil be segregated from other overburden for use 
during reclamation. While stored, topsoil stockpiles should be 
vegetated. This temporary form of vegetation can often be used for 
other piles of stored materials and for intermittent/seasonal 
operations.

    \79\ ``Performance of Current Sediment Control Measures at 
Maryland Construction Sites,'' January 1990, Metropolitan Washington 
Council of Governments, page X.
    \80\ ``Sediment and Erosion Control: An Inventory of Current 
Practices--Draft,'' EPA, April 20, 1990, page IV-4.
---------------------------------------------------------------------------

    Typically, the costs of vegetative controls are low relative to 
other discharge mitigation practices. Given the limited capacity to 
accept large volumes of runoff and potential erosion problems 
associated with large concentrated flows, vegetative controls should 
typically be used in combination with other management practices. These 
measures have been documented as particularly appropriate for mining 
sites.
    Topsoiling, Seedbed Preparation--The addition of a layer of topsoil 
or plant growth material provides an improved soil medium for plant 
growth. Seedbed preparation may include the addition of topsoil 
ingredients to be mixed in with soils used for seedbed preparation. 
Ripping, dicing, and mixing soils promotes weed control and aerates the 
soil, encouraging seedling growth.
    Broadcast Seeding and Drill Seeding--Seeding and vegetative 
planting are methods used to revegetate an area. Broadcast seeding 
spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
areas, flat surfaces, and areas with limited access. Drill seeding is 
performed using a rangeland drill seeder and may not be used on rocky 
surfaces. Drill seeding is more suitably performed on flat, nonrocky 
surfaces, where the machine can insert seeds into the soil.
    Willow Cutting Establishment--Willow cutting establishment 
describes a method of soil stabilization useful for stream banks and 
other areas located adjacent to water. Similar to biotechnical 
stabilization, willow cuttings are used to promote growth in an area 
needing stabilization. Willow cuttings are typically used to reinforce 
a streambank or other moist area. Willow cuttings require a great deal 
of moisture and must be planted in areas that remain moist for long 
periods in order to take hold and grow.
    (6) Capping. In some cases, the elimination of a pollution source 
through capping contaminant sources may be the most cost effective 
control measure for discharges from inactive mineral mining and 
processing operations. Depending on the type of management practices 
chosen, the cost to eliminate the pollutant source may be very high. 
Once completed, however, maintenance costs will range from low to 
nonexistent.
    Capping or sealing of waste materials is designed to prevent 
infiltration, as well as to limit contact between discharges and 
potential sources of 

[[Page 50929]]
contamination. Ultimately, capping should reduce or eliminate the 
contaminants in discharges. In addition, by reducing infiltration, the 
potential for seepage and leachate generation may also be lessened.
    The use of this practice depends on the level of control desired, 
the materials available, and cost considerations. Many common liners 
may be effective including common soil, clay, and/or synthetic liners. 
Generally, soil liners will provide appreciable control for the lowest 
cost. Synthetic or clay liners may be appropriate to cover materials 
known to have a significant potential to impact water quality.
4. Storm Water Pollution Prevention Plan Requirements
    Specific requirements for a pollution prevention plan for mineral 
mining and processing facilities are described below. These 
requirements must be implemented in addition to the common pollution 
prevention plan provisions discussed previously.
    Under the description of potential pollution services, each storm 
water pollution prevention plan must describe activities, materials, 
and physical features of the facility that may contribute to storm 
water runoff or, during periods of dry weather, result in dry weather 
flows and mine pumpout. This assessment of storm water pollution 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. Plans must describe the following 
elements:
    The plan must contain a map of the site that shows the pattern of 
storm water drainage, structural features that control pollutants in 
storm water runoff 81 and process wastewater discharges, surface 
water bodies (including wetlands), places where significant materials 
82 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, haul 
roads, access roads, and rail spurs. In addition, the site map must 
also indicate the outfall locations and the types of discharges 
contained in the drainage areas of the outfalls (e.g. storm water and 
air conditioner condensate). 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.

    \81\ Nonstructural features such as grass swales and vegetative 
buffer strips also should be shown.
    \82\ Significant materials include, ``* * * but [are] not 
limited to: raw materials, fuels, materials such as solvents, 
detergents, and plastic pellets; finished materials such as metallic 
products; * * * hazardous substances designated under section 
101(14) of CERCLA; any chemical facilities required to report 
pursuant to section 313 of title III of SARA; fertilizers; 
pesticides; and waste products such as ashes, slag, and sludge that 
have the potential to be released with storm water discharge.'' (40 
CFR 122.26(b)(12)) Significant materials commonly found at mining 
facilities include: overburden; raw materials; waste rock piles; 
tailings; petroleum based products; solvents and detergents; and 
manufactured products, waste materials or by-products used or 
created by the facility.
---------------------------------------------------------------------------

    Facility operators are required to 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 storm water runoff; existing structural controls that 
limit process wastewater discharges; 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.
    The description of potential pollution sources culminates in a 
narrative assessment of the risk potential that those 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 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., 
total suspended solids, total dissolved solids, etc.) associated with 
each source.
    Under the measures and controls section of the pollution prevention 
plan, the permittee must evaluate, select, and describe the pollution 
prevention measures, best management practices (BMPs), and other 
controls that will be implemented at the facility. The permittee must 
assess the applicability of the following BMPs for their site: 
discharge diversions, drainage/storm water conveyance systems, runoff 
dispersions, sediment control and collection mechanisms, vegetation/
soil stabilization, and capping of contaminated sources. In addition, 
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.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address the potential sources of storm water pollution. 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.
    Under the preventive maintenance requirements of the pollution 
prevention plan, permittees are required to develop a preventive 
maintenance program that includes regular inspections and maintenance 
of storm water BMPs. The maintenance program requires periodic removal 
of debris from discharge diversions and conveyance systems. These 
activities should be conducted in the spring, after snowmelt, and 
during the fall season. Permittees already controlling their storm 
water runoff frequently use impoundments or sedimentation ponds. 
Maintenance schedules for these ponds must be provided in the pollution 
prevention plant.
    Under the inspection requirements of the pollution prevention plan, 
operators 

[[Page 50930]]
of active facilities are required to conduct quarterly visual 
inspections of BMPs. Temporary and permanently inactive operations are 
required to perform annual inspections. Active sites have more frequent 
inspections than inactive sites because members of the pollution 
prevention team will be onsite, and the fact that they are active means 
there is a greater potential for pollution. The inspections shall 
include: (1) An assessment of the integrity of storm water discharge 
diversions, conveyance systems, sediment control and collection 
systems, and containment structures; (2) visual inspections of 
vegetative BMPs, serrated slopes, and benched slopes to determine if 
soil erosion has occurred; and (3) visual inspections of material 
handling and storage areas and other potential sources of pollution for 
evidence of actual or potential pollutant discharges of contaminated 
storm water.
    The inspection must be made at least once in each designated period 
during daylight hours. Inspections for active facilities shall be 
conducted in each of the following periods: January through March; 
April through June; July through September; October through December.
    EPA believes that this quick and simple description will allow the 
permittee to assess the effectiveness of his/her plan on a regular 
basis at very little cost. The frequency of this visual inspection will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow up procedures must be used to ensure that 
appropriate actions are taken in response to the inspections. The 
visual inspection is intended to be performed by facility staff. This 
hands-on inspection will also enhance the staff's understanding of the 
storm water problems on that site and effects on the management 
practices that are included in the plan.
    Under the recordkeeping and internal reporting procedures of the 
pollution prevention plan, the permittee must describe procedures for 
developing and retaining records on the status and effectiveness of 
plan implementation. The plan must address spills, monitoring, and BMP 
inspection and maintenance activities. Ineffective BMPs must be 
reported and the date of their corrective action noted.
    Under the sediment and erosion control requirements of the 
pollution prevention plan, permittees must indicate the location and 
design for proposed BMPs to be implemented prior to land disturbance 
activities. For sites already disturbed but without BMPs, the permittee 
must indicate the location and design of BMPs that will be implemented. 
The permittee is required to indicate plans for grading, contouring, 
stabilization, and establishment of vegetative cover for all disturbed 
areas, including road banks. Reclamation activities must continue until 
final closure notice has been issued.
    According to the pollution prevention runoff requirements, the 
permittee must evaluate the appropriateness of each storm water BMP 
that diverts, infiltrates, reuses, or otherwise reduces the discharge 
of contaminated storm water. In addition, the permittee must describe 
the storm water pollutant source area or activity (i.e., loading and 
unloading operations, raw material storage piles etc.) to be controlled 
by each storm water management practice.
    a. Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
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 this 
section. Comprehensive site compliance evaluations should be conducted 
once a year. When annual comprehensive site compliance evaluations are 
shown in the plan to be impractical for inactive mining sites, due to 
remote location and inaccessibility, site evaluations must be conducted 
at least once every 3 years. The individual or individuals who will 
conduct the evaluations must be identified in the plan and should be 
members of the pollution prevention team. Evaluation reports must be 
retained for at least 3 years after the date of the evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and never more than 12 weeks after completion of the 
evaluation.
5. Numeric Effluent Limitation
    Except as discussed below, there are no additional numeric effluent 
limitations under this section beyond those stated in section V.B of 
today's permit. Part XI.J.4. of today's permit establishes numeric 
effluent limitations for mine dewatering discharges that are composed 
entirely of storm water or ground water seepage from construction sand 
and gravel, industrial sand and crushed stone mines that are located in 
Region VI (the States of Louisiana, New Mexico, Oklahoma, and Texas). 
Discharges from these areas may not exceed a maximum TSS concentration 
of 45 mg/L for any one day or 25 mg/L for the average of daily values 
for 30 consecutive days. The pH of the discharges from these areas must 
be within the range of 6.0 to 9.0. These effluent limitations are in 
accordance with the Crushed Stone, Construction Sand and Gravel, and 
Industrial Sand Subcategories of the Mineral Mining and Processing 
Point Source Categories (40 CFR 436.20, 436.30 and 40 CFR 436.40). 
These limitations represent the degree of effluent reduction attainable 
by the application of best practicable control technology and best 
conventional pollutant control technology. Dischargers subject to these 
numeric effluent limitations must be in compliance with the limits upon 
commencement of and for the entire term of this permit.
6. Monitoring and Reporting Requirements
    a. Monitoring Requirements. Under the revised methodology for 
determining pollutants of concern in the various industrial categories, 
dimension and crushed stone and nonmetallic minerals (except fuels) 
mining and sand and gravel mining facilities are required to monitor 
for the pollutants listed in the applicable table below (Table J-6 or 
J-7). The pollutants listed in this table were found to be above 
benchmark levels. EPA is requiring monitoring after the pollution 
prevention plan has been implemented to assess the effectiveness of the 
pollution prevention plan and to help ensure that a reduction of 
pollutants is realized.

 Table J-6.--Monitoring Requirements for Dimension and Crushed Stone and
               Nonmetallic Minerals (except fuels) (mg/L)               
------------------------------------------------------------------------
        Pollutant of concern           Monitoring cut-off concentration 
------------------------------------------------------------------------
Total suspended solids.............  100 mg/L.                          
------------------------------------------------------------------------


                                                                        

[[Page 50931]]
     Table J-7.--Monitoring Requirements for Sand and Gravel Mining     
------------------------------------------------------------------------
       Pollutants of concern           Monitoring cut-off concentration 
------------------------------------------------------------------------
Total suspended solids.............  100 mg/L.                          
Nitrate plus Nitrite Nitrogen......  0.68 mg/L.                         
------------------------------------------------------------------------



    At a minimum, storm water discharges from dimension and crushed 
stone, sand and gravel and nonmetallic mineral (except fuels) mining 
must be monitored quarterly during the second year of permit coverage. 
Samples must be collected at least once in each of the following 
periods: January through March; April through June; July through 
September; and October through December. At the end of the second year 
of permit coverage, a facility must calculate the average concentration 
for each parameter listed in the applicable table (Table J-6 or J-7). 
If the permittee collects more than four samples in this period, then 
they must calculate an average concentration for each pollutant of 
concern for all samples analyzed.
    If the average concentration for a parameter is less than or equal 
to the cut-off concentration, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration, then the permittee is 
required to conduct quarterly monitoring for that parameter during the 
fourth year of permit coverage. Monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit. The 
schedule for monitoring is presented in Table J-8.

                   Table J-8.--Schedule of Monitoring                   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
2nd year of permit coverage......   Conduct quarterly           
                                    monitoring.                         
                                    Calculate the average       
                                    concentration for all parameters    
                                    analyzed during this period.        
                                    If average concentration is 
                                    greater than the value listed in    
                                    Table J-6 or J-7, then quarterly    
                                    sampling is required during the     
                                    fourth year of the permit.          
                                    If average concentration is 
                                    less than or equal to the value     
                                    listed in Table J-6 or J-7, then no 
                                    further sampling is required for    
                                    that parameter.                     
4th year of permit coverage......   Conduct quarterly monitoring
                                    for any parameter where the average 
                                    concentration in year 2 of the      
                                    permit is greater than the value    
                                    listed in Table J-6 or J-7.         
                                    If industrial activities or 
                                    the pollution prevention plan have  
                                    been altered such that storm water  
                                    discharges may be adversely         
                                    affected, quarterly monitoring is   
                                    required for all parameters of      
                                    concern.                            
------------------------------------------------------------------------

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis in lieu of 
monitoring reports described in paragraph (2) below, under penalty of 
law, signed in accordance with Part VII.G. (Signatory Requirements), 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, significant materials from past 
industrial activity, and that are located in areas of the facility that 
are within the drainage area of the outfall are not presently exposed 
to storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA in lieu of 
monitoring reports required under paragraph (2) below. The permittee is 
required to complete any and all sampling until the exposure is 
eliminated. If the facility is reporting for a partial year, the 
permittee must specify the date exposure was eliminated. If the 
permittee is certifying that a pollutant was present for part of the 
reporting period, nothing relieves the permittee from the 
responsibility to sample that parameter up until the exposure was 
eliminated and it was determined that no significant materials 
remained. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    (2) Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum requirements, an additional signed 
Discharge Monitoring Report Form must be filed for each analysis. The 
permittee must include a measurement or estimate of the total 
precipitation, volume of runoff, and peak flow rate of runoff for each 
storm event sampled.
    (3) Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-

[[Page 50932]]
hour interval is representative for local storm events during the 
season when sampling is being conducted. The required 72-hour storm 
event interval is waived where the preceding measurable storm event did 
not result in a measurable discharge from the facility. The required 
72-hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable, 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) Adverse Conditions. When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions which may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    B. Quarterly Visual Examination of Storm Water Quality. Mineral 
mining and processing facilities shall perform and document a visual 
examination of a storm water discharge associated with industrial 
activity from each outfall, except discharges exempted below. The 
examination(s) must be made at least once in each of the following 
three-month periods: January through March, April through June, July 
through September, and October through December. The examination shall 
be made during daylight hours unless there is insufficient rainfall or 
snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) or when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes,electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

[[Page 50933]]

    EPA believes that between quarterly visual examinations, site 
compliance evaluations and the limited analytical monitoring required 
of the specified subsectors, potential sources of contaminants can be 
recognized, addressed, and then controlled with BMPs. In determining 
the monitoring requirements, EPA considered the nature of the 
industrial activities and significant materials exposed at these sites 
and performed a review of data provided in Part 2 group applications.
    c. Compliance Monitoring Requirements. Today's permit requires 
permittees with mine dewatering discharges from construction sand and 
gravel, industrial sand, and crushed stone mine facilities to monitor 
for the presence of TSS and pH. These monitoring requirements are 
necessary to evaluate compliance with the numeric effluent limitation 
established for these discharges. Monitoring shall be performed 
quarterly upon a minimum of one grab sample. All samples shall be 
collected from the discharge resulting from a storm event that is 
greater than 0.1 inches in magnitude and that occurs at least 72 hours 
from the previously measurable (greater than 0.1 inch rainfall) storm 
event. The grab sample shall be taken during the first 30 minutes of 
the discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. Monitoring results shall be submitted on 
signed Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the month following collection of the sample. Facilities 
which discharge through a large or medium municipal separate storm 
sewer system (systems serving a population of 100,000 or more) must 
also submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system.
    Alternative Certification provisions described in Section XI.J.5 do 
not apply to facilities subject to compliance monitoring requirements 
in this section. Compliance monitoring is required at least annually 
for discharges subject to effluent limitations. Therefore, EPA cannot 
permit a facility to waive compliance monitoring.
    Construction sand and gravel, industrial sand and crushed stone 
mining facilities are not required to collect and analyze separate 
samples for the presence of TSS to satisfy the Compliance Monitoring 
requirements of Section XI.J.5.d. during a year in which the facilities 
have collected and analyzed samples for TSS in accordance with the 
Analytical Monitoring requirements of Section XI.J.5.a. The results of 
all TSS Analytical Monitoring analyses may also be reported as 
Compliance Monitoring results in accordance with Section XI.J.5.d.(3) 
where the monitoring methodologies are consistent.
7. Definitions
    ``Overburden'' means any material of any nature, consolidated or 
unconsolidated, that overlies a mineral deposit, excluding topsoil or 
similar naturally occurring surface materials that are not disturbed by 
mining operations.
    ``Overflow'' means a precipitation induced overflow of a facility 
that is designed, constructed, and maintained to contain, or treat, the 
volume of wastewater which would result from 10-year, 24-hour 
precipitation events.

Storm Water Discharges Associated With Industrial Activity from 
Hazardous Waste Treatment, Storage, or Disposal Facilities

Industry Profile
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharge associated with industrial 
activity.'' This definition includes point source discharges of storm 
water from 11 categories of facilities, including ``* * * (iv) 
Hazardous waste treatment, storage, or disposal facilities, including 
those that are operating under interim status or a permit under 
Subtitle C of RCRA * * * .'' Part XI.K. of today's permit only covers 
storm water discharges from facilities that treat, store, or dispose of 
hazardous wastes.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Some industrial facilities that generate hazardous waste have 
onsite capacity to store, treat, and even dispose of their waste. Many 
hazardous waste generators, however, send their waste offsite to a 
treatment, storage, or disposal facility (TSDF). Generators of 
hazardous waste must arrange for a transporter who has obtained an EPA 
ID number to transport the generator's waste to a designated facility 
(i.e., a facility that is permitted under RCRA to receive and treat, 
store, or dispose of hazardous waste).
    Once wastes are accepted by the TSDF, any number of activities may 
follow. For example, some wastes are disposed without any intervening 
storage or treatment, while other wastes are held in storage prior to 
treatment or disposal. Hazardous wastes are generally stored in 
containers and tanks, which are enclosed by a bermed area to prevent 
any releases to the environment from the storage units.
    The processes for treating hazardous wastes can be divided into two 
major categories based on whether the waste is organic or inorganic in 
nature. Organic wastes are treated by destructive technologies, like 
incineration, whereas inorganic wastes are treated using fixation 
technologies, like stabilization, in which the hazardous constituents 
are immobilized in the residual matrix. Residuals from fixation 
processes are usually land-disposed where the stabilized constituents 
are much less likely to leach into the environment.
    As mentioned above, some wastes are treated prior to disposal while 
others are disposed as-generated. Hazardous waste disposal units 
include landfills, surface impoundments, waste piles, and land 
treatment units. Such disposal units may have specific requirements 
under RCRA Subtitle D. Wastes are also disposed by being burned in 
incinerators. Some liquid hazardous wastes are underground-injected 
into deep wells regulated under the Underground Injection Control (UIC) 
program in 40 CFR Parts 144 to 148. The RCRA regulations governing the 
different types of hazardous waste treatment, storage, and disposal 
units are located in 40 CFR Part 264, Subparts I through O and Subpart 
W.
    Hazardous wastes are also recycled at TSDFs. Recycling is 
considered a form of treatment, however, the recycling process itself 
is not generally regulated under RCRA. Recycling activities include 
reclamation, regeneration, reuse, burning for energy or materials 
recovery, and use in a manner constituting disposal (i.e., land 
application of hazardous waste or products containing hazardous waste). 


[[Page 50934]]

2. Pollutants in Storm Water Discharges Associated With Hazardous Waste 
Treatment, Storage, or Disposal Facilities
    Given the diversity and amount of hazardous wastes handled at 
TSDFs, pollutants in storm water discharges may vary considerably. 
Contaminated storm water discharges may result from precipitation 
coming in contact with spills or leaks of hazardous waste. TSDFs 
regulated under RCRA Subtitle C, however, are required to control much 
of their storm water runoff through secondary containment (e.g., 
secondary containment for tank systems; 40 CFR 264.193). When a spill 
of a listed hazardous waste occurs, for example, the spilled material 
and any storm water that comes into contact with the material is a 
hazardous waste under RCRA and must be cleaned up and managed in 
accordance with all applicable regulations.
    In addition to the types of hazardous materials handled and the 
procedures for controlling runoff at a particular TSDF, several other 
factors influence to what extent significant materials from these types 
of facilities and processing operations can affect water quality. Such 
factors include: hydrology/geology; volume of wastes handled; extent of 
industrial activities at a TSDF (i.e., only storage, or storage plus 
treatment and disposal); and type, duration, and intensity of 
precipitation events. These and other factors will interact to 
influence the quantity and quality of storm water runoff. In addition, 
sources of pollutants other than storm water, such as illicit 
connections,16 spills, and other improperly dumped materials, may 
increase the pollutant loadings discharged into waters of the United 
States.

    \16\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at mineral mining and processing facilities is low yet 
it still may be applicable at some operations.
---------------------------------------------------------------------------

    Pollutants in storm water discharges from TSDFs may consist of, in 
the case of spills or leaks which are not properly contained or cleaned 
up, hazardous wastes and/or their constituents. 40 CFR Part 261 Subpart 
D contains the lists of hazardous wastes, and Appendix VII to Part 261 
is a list of the hazardous constituents for which each of these wastes 
is listed.
    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at TSDFs 
facilities as a whole and not subdivide this sector. Therefore, Table 
K-1 lists data for selected parameters from facilities in the TSDF 
sector. These data include the eight pollutants that all facilities 
were required to monitor for under Form 2F.

 Table K-1.--Statistics for Selected Pollutants Reported by Hazardous Waste Treatment Storage or Disposal Facilities Submitting Part II Sampling Data i 
                                                                         (mg/L)                                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Pollutant              No. of      No. of Samples       Mean           Minimum         Maximum         Median           95th            99th     
------------------------    facilities   --------------------------------------------------------------------------------   Percentile      Percentile  
                        -----------------                                                                                -------------------------------
      Sample type         Grab    Compii   Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp 
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...................       3        4       8       9    17.8    9.44     0.0     0.0    45.0    45.0    11.5     7.0    49.7    35.7    82.3    62.9
COD....................       3        4       8       9   117.6    51.9    12.0    10.0   500.0   131.0    56.5    45.0   419.2   158.9   910.3   285.8
Nitrate + Nitrite                                                                                                                                       
 Nitrogen..............       4        4       9       9    0.46    0.39    0.15    0.07    0.79    0.67    0.47    0.34    1.07    1.06    1.59    1.72
Total Kjeldahl Nitrogen       4        4       9       9    1.43    1.07    0.64    0.25    3.00    3.92    1.30    0.92    2.64    2.96    3.52    5.21
Oil & Grease...........       4      N/A       9     N/A     9.3     N/A     0.0     N/A    74.0     N/A     0.0     N/A    56.3     N/A   251.8     N/A
pH.....................       2      N/A       7     N/A     N/A     N/A     5.6     N/A     7.8     N/A     7.3     N/A     8.7     N/A     9.6     N/A
Total Phosphorus.......       4        4       9       9    0.24    0.11    0.00    0.00    1.60    0.32    0.07    0.09    0.67    0.28    1.51    0.43
Total Suspended Solids.       3        4       8       9     338    82.7       4       5    1100     304     128      32    2463     397    8651   1083 
--------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
  as non-detect or below detection limit were assumed to be 0.                                                                                          
ii Composite samples.                                                                                                                                   

3. Pollutant Control Measures Required Through Other EPA Programs
    As part of the RCRA program, 40 CFR Part 264 sets standards for 
treatment, storage and disposal facilities. EPA realizes that some of 
the conditions of this section are already addressed by the 
requirements set forth in Part 264. Under the RCRA program, for 
example, secondary containment is required for tank systems in order to 
prevent the release of hazardous waste or hazardous constituents to the 
environment. Such secondary containment must either be capable of 
preventing storm water runon from entering the system, or have the 
capacity to contain the volume of the tank plus precipitation from a 
25-year, 24-hour rainfall event (40 CFR 264.193).
    Conditions such as those set forth for secondary containment at 
TSDFs are pertinent because they may overlap with aspects of the 
pollution prevention plan (PPP) required as part of this section. 
Therefore, in developing a storm water pollution prevention plan, a 
TSDF should include as Best Management Practices (BMPs) any controls 
relevant to storm water that have already been implemented under 40 CFR 
Part 264.
    Other areas where RCRA requirements may overlap with the conditions 
set forth in this section include inspections and employee training. 
Daily and weekly inspections of tank systems and containers are 
required, respectively, under Part 264. Therefore, these inspections 
will be incorporated into the pollution prevention plan for this storm 
water permit. Similarly, employee training, required under 40 CFR 
264.16, does not need to be repeated as part of implementation of the 
pollution prevention plan, but rather expanded as necessary to include 
issues concerning storm water management.
4. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the 

[[Page 50935]]
technology-based standards of the Clean Water Act [Best Available 
Technology (BAT) and Best Conventional Technology (BCT)]. The Agency 
does not believe that it is appropriate to establish specific numeric 
effluent limitations or a specific design or performance standard in 
this section for storm water discharges associated with industrial 
activity from hazardous waste treatment, storage, and disposal 
facilities to meet BAT/BCT standards of the Clean Water Act at this 
time. Instead, this section establishes requirements for the 
development and implementation of site-specific storm water pollution 
prevention plans consisting of a set of Best Management Practices 
(BMPs) that are sufficiently flexible to address different sources of 
pollutants at different sites.
    Generally, BMPs are implemented to prevent and/or minimize exposure 
of pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
and volume and type of discharge generated. Each facility will be 
unique in that the source, type, and volume of contaminated storm water 
discharges will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with hazardous waste treatment, storage, or disposal 
facilities that are not already addressed by RCRA subtitle C.
    Facilities covered under this section must already be in compliance 
with the standards for operating a hazardous waste treatment, storage, 
or disposal facility as established by 40 CFR Part 264. As discussed in 
greater detail in the previous section (Pollutant Control Measures 
Required Through Other EPA Programs), EPA believes that because of the 
requirements previously imposed on hazardous waste treatment, storage, 
or disposal facilities, storm water BMPs are already employed at most 
TSDFs. This belief is supported by part 1 group application data, which 
indicated that 97 percent of the representative sampling facilities 
already have SPCC plans in place at their sites.
    Because of the potential for spills of hazardous materials during 
loading and unloading operations, and the absence of an individual 
discussion of these operations in 40 CFR Part 264, Table K-2 is 
provided to identify BMPs associated with these activities at hazardous 
waste treatment, storage, or disposal facilities.

Table K-2.--General Loading and Unloading Storm Water BMPs for Hazardous
            Waste Treatment, Storage, or Disposal Facilities            
------------------------------------------------------------------------
          Activity                 Best management practices (BMPs)     
------------------------------------------------------------------------
Outdoor Unloading and         Confine loading/unloading activities to a 
 Loading.                      designated area.                         
                              Consider performing loading/unloading     
                               activities indoors or in a covered area. 
                              Consider covering loading/unloading area  
                               with permanent cover (e.g., roofs) or    
                               temporary cover (e.g., tarps).           
                              Close storm drains during loading/        
                               unloading activities in surrounding      
                               areas.                                   
                              Avoid loading/unloading materials in the  
                               rain.                                    
                              Inspect the unloading/loading areas to    
                               detect problems before they occur.       
                              Inspect all containers prior to loading/  
                               unloading of any raw or spent materials. 
                              Consider berming, curbing, or diking      
                               loading/unloading areas.                 
                              Use dry clean-up methods instead of       
                               washing the areas down.                  
                              Train employees on proper loading/        
                               unloading techniques.                    
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
  March 18, 1991 through December 31, 1992 EPA, Office of Water.        
  September 1992. ``Storm Water Management for Industrial Activities:   
  Developing Pollution Prevention Plans and Best Management Practices.''
  EPA 832-R-92-006.                                                     

5. Storm Water Pollution Prevention Plan Requirements.
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
hazardous waste treatment, storage, or disposal facilities. The 
requirements included in the pollution prevention plans provide a 
flexible framework for the development and implementation of site-
specific controls to minimize the pollutants in storm water discharges. 
This flexibility is necessary because each facility is unique in that 
the source, type, and volume of contaminated storm water discharge will 
vary from site to site.
    There are two major objectives to a pollution prevention plan: (1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    The pollution prevention plan requirement reflects EPA's decision 
to allow hazardous waste treatment, storage, or disposal facilities to 
utilize BMPs as the BAT/BCT level of control for the storm water 
discharges covered by this section.
    As previously discussed, many of the storm water pollution 
prevention plan requirements discussed in this section of today's 
permit and fact sheet are already addressed by the RCRA program and 
employed at hazardous waste treatment, storage, or disposal facilities. 
Please note that if RCRA does not address a particular condition which 
is stipulated in the storm water pollution prevention plan, the 
facility still must 

[[Page 50936]]
comply with that requirement of the plan.
6. Numeric Effluent Limitations.
    There are no additional requirements under this section other than 
those stated in Part V.B of the permit.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that treatment, 
storage, or disposal facilities (TSDFs) may reduce the level of 
pollutants in storm water runoff from their sites through the 
development and proper implementation of the storm water pollution 
prevention plan requirements discussed in today's permit. In order to 
provide a tool for evaluating the effectiveness of the pollution 
prevention plan and to characterize the discharge for potential 
environmental impacts, the permit requires TSDFs to collect and analyze 
samples of their storm water discharges for the pollutants listed in 
Table K-3. The pollutants listed in Table K-3 were not found to be 
above benchmark levels in the limited amount of data that was submitted 
in the group application process, but are believed to be present based 
upon the description of industrial activities and significant materials 
exposed. EPA is requiring monitoring after the pollution prevention 
plan has been implemented to assess the effectiveness of the pollution 
prevention plan and to help ensure that a reduction of pollutants is 
realized.
    At a minimum, storm water discharges from TSDFs must be monitored 
quarterly during the second year of permit coverage. Samples shall be 
collected at least once in each of the following periods: January 
through March; April through June; July through September; and October 
through December. At the end of the second year of permit coverage, a 
facility must calculate the average concentration for each parameter 
listed in Table K-3. If the permittee collects more than four samples 
in this period, then they must calculate an average concentration for 
each pollutant of concern for all samples analyzed.

              Table K-3.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
                                                               (mg/L)   
------------------------------------------------------------------------
Ammonia..................................................            19 
Total Recoverable Magnesium*.............................        0.0636 
Chemical Oxygen Demand (COD).............................           120 
Total Recoverable Arsenic................................         16854 
Total Recoverable Cadmium................................        0.0159 
Total Cyanide**..........................................        0.0636 
Total Recoverable Lead...................................        0.0816 
Total Recoverable Mercury................................        0.0024 
Total Recoverable Selenium...............................        0.2385 
Total Recoverable Silver.................................       0.0318  
------------------------------------------------------------------------
* The MDL for magnesium is 0.02 mg/L method 200.6.                      
** The MDL for cyanide is 0.02 mg/L method 335.1, .2, or .3.            

    If the average concentration for a parameter is less than or equal 
to the value listed in Table K-3, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table K-3, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit. The schedule for monitoring is presented in Table K-4.

                   Table K-4.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit Coverage.   Conduct quarterly monitoring.    
                               Calculate the average            
                               concentration for all parameters analyzed
                               during this period.                      
                               If average concentration is      
                               greater than the value listed in Table K-
                               3, then quarterly sampling is required   
                               during the fourth year of the permit.    
                               If average concentration is less 
                               than or equal to the value listed in     
                               Table K-3, then no further sampling is   
                               required for that parameter.             
4th Year of Permit Coverage.   Conduct quarterly monitoring for 
                               any parameter where the average          
                               concentration in year 2 of the permit is 
                               greater than the value listed in Table K-
                               3.                                       
                               If industrial activities or the  
                               pollution prevention plan have been      
                               altered such that storm water discharges 
                               may be adversely affected, quarterly     
                               monitoring is required for all parameters
                               of concern.                              

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis in lieu of 
monitoring described in Table K-3, under penalty of law, signed in 
accordance with Part VII.G. (Signatory Requirements), that material 
handling equipment or activities, raw materials, intermediate products, 
final products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity, 

[[Page 50937]]
that are located in areas of the facility that are within the drainage 
area of the outfall are not presently exposed to storm water and will 
not be exposed to storm water for the certification period. Such 
certification must be retained in the storm water pollution prevention 
plan and submitted to EPA in accordance with Part VI.B. of this permit. 
In the case of certifying that a pollutant is not present, the 
permittee must submit the certification along with the monitoring 
reports required under paragraph (C) below. If the permittee cannot 
certify for an entire period, they must submit the date exposure was 
eliminated and any monitoring required up until that date. This 
certification option is not applicable to compliance monitoring 
requirements associated with effluent limitations. EPA does not expect 
facilities to be able to exercise this certification for indicator 
parameters, such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum quarterly requirements an additional 
Discharge Monitoring Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or non-process water, then where practicable 
permittees must attempt to sample the storm water discharges before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required at TSDFs. The examination must be of a grab sample collected 
from each storm water outfall. The examination of storm water grab 
samples shall include any observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, or 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on these samples.
    The examination must be made at least once in each of the following 
designated periods: January through March; April through June; July 
through September; and October through December, during daylight unless 
there is insufficient rainfall or snow-melt to runoff. Whenever 
practicable, the same individual should carry out the collection and 
examination of discharges throughout the life of the permit to ensure 
the greatest degree of consistency possible. Grab samples shall be 
collected within the first 30 minutes (or as soon thereafter as 
practical, but not to exceed 1 hour) of when the runoff begins 
discharging. Reports of the visual examination include: the examination 
date and time, examination personnel, visual quality of the storm water 
discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the inspections. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not collecting 
samples. Adverse weather conditions which may prohibit the collection 
of samples include weather conditions that create dangerous conditions 
for personnel (such as local flooding, high winds, hurricane, 
tornadoes, electrical storms, etc.) or otherwise make the collection of 
a sample impracticable (drought, extended frozen conditions, etc.).
8. Region-specific Conditions
    Region VI intends for this permit to cover all eligible hazardous 
waste treatment, storage, and disposal facilities, except those that 
treat and dispose exclusively commercial hazardous waste. Region VI 
believes that more careful compliance tracking is warranted for 
facilities that treat and dispose of commercially produced hazardous 
waste due to the wide range of chemicals and large quantities of 
hazardous waste materials that are generally disposed as a service to 
generators. Region VI has determined this to be a priority industry and 


[[Page 50938]]
required individual permits in the past with limits. This affects 
permits issued by EPA Region VI for Louisiana (LAR05*###), New Mexico 
(NMR05*###), Oklahoma (OKR05*###), Texas (TXR05*###), and Federal 
Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F, 
or TXR05*##F).

L. Storm Water Discharges Associated With Industrial Activity From 
Landfills and Land Application Sites

1. Industry Profile.
    This section of today's permit addresses special requirements for 
storm water discharges associated with industrial activity from 
landfill and land application sites. Pursuant to 40 CFR 122.26, storm 
water discharges from landfills, land application sites, and open dumps 
that receive or have received industrial waste, including sites subject 
to regulation under Subtitle D of the Resource Conservation and 
Recovery Act (RCRA), are required to seek permit coverage. Under this 
section, industrial waste is defined as waste generated by any of the 
industrial activities described at 40 CFR 122.26(b)(14).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Special conditions contained in this section apply to land disposal 
sites that meet the definition of a landfill under RCRA Subtitle D 
contained at 40 CFR Part 257, which establishes criteria for the 
classification of solid waste disposal facilities and practices. Part 
257 defines landfills as areas of land or excavation in which wastes 
are placed for permanent disposal, and that are not land application 
units, surface impoundments, injection wells, or waste piles. Included 
in this definition are municipal solid waste landfills (MSWLFs) and 
industrial solid nonhazardous waste landfills. (Many of the 1,410 
landfill facilities participating in the group application process are 
classified as MSWLFs). Therefore, the special conditions in this 
section apply to both MSWLFs and industrial landfills as defined under 
Part 257. This section also applies to industrial waste land 
application sites. Land application sites are defined as facilities at 
which wastes are applied onto or incorporated into the soil surface for 
the purpose of beneficial use or waste treatment and disposal. No open 
dumps were included in the facilities participating in the group 
application process (open dumps are defined as solid waste disposal 
units not in compliance with State/Federal criteria established under 
RCRA Subtitle D) and operation of an open dump is prohibited under RCRA 
Section 4004. Therefore, storm water discharges from open dumps are not 
addressed by this section. This section also does not apply to inactive 
landfills or inactive land application sites located on Federal lands, 
unless an operator can be identified. These discharges are more 
appropriately covered under a permit currently being developed by EPA.
    The following sections describe industrial and municipal solid 
waste landfills and industrial waste land application sites.
    a. Municipal Solid Waste Landfills. In 1988, EPA estimated that 
there were approximately 9,300 MSWLFs in the United States. The wastes 
which are disposed of in MSWLF landfills are highly variable. Examples 
include household waste (including household hazardous waste which is 
excluded from RCRA hazardous waste regulation), nonhazardous 
incinerator ashes, commercial wastes, yard wastes, tires, white goods, 
construction wastes, municipal and industrial sludges, asbestos, and 
other industrial wastes. Only a small percentage of all wastes disposed 
of in MSWLFs are industrial wastes. In 1988, EPA's Report to Congress 
on solid waste generation indicated that nearly 90 percent of wastes 
disposed of in all MSWLFs were household or commercial (office) wastes. 
Industrial process wastes represented only 2.73 percent of the total 
wastestream (although most MSWLFs currently or have previously accepted 
industrial wastes and are therefore subject to storm water permitting 
requirements). The Report also indicated that about half of the total 
number of MSWLFs received small quantity generator hazardous wastes. In 
addition, MSWLFs that operated prior to the implementation of RCRA 
hazardous waste management requirements in 1980 may have received 
wastes that after that date that would have been classified as 
hazardous wastes under current RCRA requirements.
    A typical MSWLF is a constantly evolving facility which is 
constructed over its operating life as received wastes are spread, 
compacted, and covered. Most modern landfills contain one or more 
separate ``units,'' planned final waste containment areas. Active units 
continue to receive wastes until they have reached disposal capacity. 
When capacity is reached, a unit is capped with a final cover, and 
additional wastes must be placed in other active units. As a result, a 
landfill may consist of multiple inactive and active units at various 
stages of completion.
    Within each unit, wastes are added in layers referred to as lifts. 
Received wastes are spread across the working face of the landfill to a 
depth of six to twenty feet and then compacted. At the end of each 
working day a thin layer of soil (daily cover) is spread on top of the 
added wastes and compacted. A large unit may consist of multiple lifts, 
depending on the planned final depth.
    Historically, landfills have been constructed according to one of 
two generic designs, the trench method and the area method, or a 
combination of these. The trench method requires the excavation of a 
trench into which wastes will be placed. Soil from the excavation 
provides the cover material as disposal continues. In the area method, 
wastes are placed directly on the ground surface and disposal follows 
the natural contours of the land. Some landfills use combinations of 
the two methods at different times depending on the location of the 
active unit.
    MSWLF construction creates constant changes in the contours of the 
facility resulting in changing patterns of storm water runon and 
runoff. Controlling erosion of landfill slopes is among the primary 
concerns of the landfill operator. Current practices generally include 
a combination of temporary controls (straw bales, silt fences, etc.), 
in active disposal areas, and permanent controls (recontouring, 
revegetation, etc.), in areas where waste disposal has been completed.
    Daily and intermediate covers serve primarily to protect against 
disease vectors and to prevent fires and the blowing of refuse. 
Typically, daily covers consist of the minimum amount of soil excavated 
from the site needed to cover exposed wastes in the active areas of the 
landfill. After spreading, the cover is usually compacted to reduce 
loss from erosion. Intermediate covers, which are also typically soil 
excavated from the site, are often applied to areas of a unit which 
will be inactive for 

[[Page 50939]]
periods of 30 days or more. Deeper than daily covers, intermediate 
covers may be applied in conjunction with runoff control measures to 
minimize pooling and high-velocity flow patterns. Both daily and 
intermediate covers promote infiltration to some extent, depending on 
depth and soil material.
    When a landfill (or landfill unit) has reached disposal capacity, a 
final cover is applied. Final covers generally provide a relatively 
impermeable cap over which topsoil is placed and vegetation is 
established. Permanent runoff controls (diversion channels, 
recontouring, terracing, etc.) may be constructed to minimize erosion 
and ponding. Final cover materials in older landfills, which are 
generally subject to limited regulatory requirements, often consist of 
a single layer of natural soils. However, at newer landfills subject to 
more stringent regulatory requirements, other cover materials 
(polymers, sand and gravel, sewage sludge, etc.) are frequently 
combined with soil in multiple layers.84

    \84\ ``Report to Congress: Solid Waste Disposal in the United 
States,'' Vol. II, Office of Solid Waste and Emergency Response, 
Oct. 1988.
---------------------------------------------------------------------------

    b. Industrial Landfills. Industrial landfills only receive wastes 
from industrial facilities such as factories, processing plants, and 
manufacturing sites. These facilities may also receive hazardous wastes 
from very small quantity hazardous waste generators (less than 100 
kilograms per month), as defined in RCRA Subtitle C. Included in these 
waste streams are some PCB-contaminated wastes. The Toxic Substances 
Control Act PCB disposal regulations allow limited categories of PCB 
materials to be disposed of in RCRA Subtitle D landfills.85 In 
1988, EPA estimated that there were at least 3,511 industrial Subtitle 
D landfills (this would presumably be the maximum number of non-MSWLF 
facilities regulated by the storm water program). The specific number 
of these units that are onsite and offsite facilities (i.e., 
centralized waste management units) was not available. Because wastes 
generated by industrial facilities vary considerably, both between and 
within industries, the wastes disposed of at industrial landfills can 
be highly variable. For example, the industrial nonhazardous waste 
category includes wastes from the pulp and paper industry, the organic 
chemical industry, the textile manufacturing industry, and a variety of 
other industries. Consequently, these waste streams may vary in 
chemical composition and/or physical form. Most industrial landfills 
are privately owned.86

    \85\ Ibid.
    \86\ Ibid.
---------------------------------------------------------------------------

    Currently, there are limited data available on industrial 
landfills. Specific industrial waste streams have not been well 
characterized and little is known about the hazards they may pose. 
Limited data are also available regarding the design, operation, and 
location of these facilities. It has been documented, however, that 
there has been only sporadic application of design and operating 
controls at industrial landfills. In 1988, only about 12 percent of 
industrial landfills (including both onsite and offsite facilities) had 
any type of liner, and fewer than 35 percent employed runon/runoff 
controls.87 The use of these controls (including runon and runoff 
controls) at industrial waste landfills is likely to increase as State 
industrial waste programs continue to evolve.

    \87\ Ibid.
---------------------------------------------------------------------------

    c. Land Application Sites. In 1988, EPA estimated that there were 
approximately 5,605 land application sites in the United States. These 
sites receive wastes (primarily wastewaters and sludges) from 
facilities in virtually every major industrial category. More than half 
of all land application sites cover less than 50 acres and receive less 
than 50 tons of waste annually. The largest number of active land 
application sites in 1988 were observed in the food and kindred 
products industry, however the pulp and paper industry managed the 
largest gross quantity of waste using this practice. Similar to 
landfills, the variability in types of waste that are land applied 
precludes any general characterization of the materials that may be 
exposed to storm water. Typically, individual land applications will 
only dispose of wastes with specific characteristics. However, the 
criteria for selection are site-specific depending on type of process 
used and the soil characteristics. Waste application techniques are 
dependent on waste characteristics.
    In 1988, EPA found that 68.5 percent of all industrial waste land 
application units had runon and runoff controls. No information was 
available on the extent of closure requirements applicable to land 
application units.
2. Potential Pollutant Sources and Options for Controlling Pollutants 
at Landfill and Land Application Sites
    a. Landfills. At landfill sites, runoff carrying suspended 
sediments and commingling of runoff with uncontrolled leachate are the 
two primary sources of pollutants that this section is intended to 
address. Other potential sources of pollutants at landfills, those from 
ancillary areas of the landfill and which are not directly associated 
with landfill activities (i.e., vehicle maintenance, truck washing, 
etc.) may be subject to requirements in other sections of today's 
permit.
    Total Suspended Solids. Storm water discharges from landfill sites 
often contain high TSS levels because of the extensive land disturbance 
activities associated with landfill operations. Suspended solids can 
adversely affect fisheries by covering the bottom of a stream or lake 
with a blanket of material that destroys the fish food bottom fauna or 
spawning grounds. In addition, while they remain in suspension, 
suspended solids can increase turbidity, reduce light penetration, and 
impair the photosynthetic activity of aquatic plants.88 Specific 
sources of TSS loadings from landfill operations and typical Best 
Management Practices (BMPs) used to control TSS levels in storm water 
runoff are shown in Table L-1. The listed BMPs are consistent with the 
BMPs identified in part 1 of the permit applications submitted by 
landfill group applicants.

    \88\ EPA. 1974 (October). ``Development Document for the 
Effluent Limitations Guidelines and New Source Performance Standards 
for the Steam Electric Power Point Source Category.''

                                                                        

[[Page 50940]]
           Table L-1.--Sources of TSS Loadings and Typical BMPs Used for Erosion Control at Landfills           
----------------------------------------------------------------------------------------------------------------
             Potential pollutant sources                                         BMPs                           
----------------------------------------------------------------------------------------------------------------
Erosion from:                                         Stabilize soils with temporary seeding, mulching, and     
Exposed soil from excavating cells/trenches.           geotextiles; leave vegetative filter strips along        
Exposed stockpiles of cover materials.                 streams.                                                 
Inactive cells with final cover but not yet finally   Implement structural controls such as dikes, swales, silt 
 stabilized.                                           fences, filter berms, sediment traps and ponds, outlet   
Daily or intermediate cover placed on cells or         protection, pipe slope drains, check dams, and terraces  
 trenches.                                             to convey runoff, to divert storm water flows away from  
Erosion from haul roads (including vehicle tracking    areas susceptible to erosion, and to prevent sediments   
 of sediments).                                        from entering water bodies.                              
                                                      Frequently inspect all stabilization and structural       
                                                       erosion control measures and perform all necessary       
                                                       maintenance and repairs.                                 
                                                      Stabilize haul roads and entrances to landfill with gravel
                                                       or stone.                                                
                                                      Construct vegetated swales along road.                    
                                                      Clean wheels and body of trucks or other equipment as     
                                                       necessary to minimize sediment tracking (but contain any 
                                                       wash waters [process wastewaters]).                      
                                                      Frequently inspect all stabilization and structural       
                                                       erosion control measures and perform all necessary       
                                                       maintenance and repairs.                                 
----------------------------------------------------------------------------------------------------------------



    (2) Other Pollutants. Table L-2 presents potential sources of other 
pollutants in storm water discharges from landfill operations. The 
specific pollutants associated with each of these sources are highly 
variable, depending upon individual site operations and waste types 
received. Table L-2 also lists BMPs that would be expected to be used 
in these areas to minimize potential pollutant loadings. Several of 
these BMPs were identified in the group permit applications submitted 
by landfill operators.

Table L-2.--Sources and BMP Controls of Potential Pollutants (other than
                                  TSS)                                  
------------------------------------------------------------------------
   Potential pollutant                                                  
          source                                BMPs                    
------------------------------------------------------------------------
Application of             Observe all applicable Federal, State, and   
 fertilizers, pesticides,   local regulations when using these products.
 and herbicides.                                                        
                           Strictly follow recommended application rates
                            and methods (i.e., do not apply in excess of
                            vegetative requirements).                   
                           Have materials such as absorbent pads easily 
                            accessible to clean up spills.              
Exposure of chemical       Provide barriers such as dikes to contain    
 material storage areas     spills.                                     
 to precipitation          Provide cover for outside storage areas.     
 (including pesticides,    Have materials such as absorbent pads easily 
 fertilizers, and           accessible to clean up spills.              
 herbicides).                                                           
Exposure of waste at open  Minimize the area of exposed open face as    
 face.                      much as is practicable.                     
                           Divert flows around open face using          
                            structural measures such as dikes, berms,   
                            swales, and pipe slope drains.              
                           Frequently inspect erosion and sedimentation 
                            controls.                                   
Waste tracking onsite and  Clean wheels and exterior of trucks or other 
 haul roads, solids         equipment as necessary to minimize waste    
 transport on wheels and    tracking (but contain any wash waters       
 exterior of trucks or      [process wastewaters]).                     
 other equipment (common                                                
 with incinerator ash).                                                 
Uncontrolled leachate      Frequently inspect leachate collection system
 (commingling of leachate   and landfill for leachate leaks.            
 with runoff or runon).                                                 
                           Maintain landfill cover and vegetation.      
                           Maintain leachate collection system.         
------------------------------------------------------------------------

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
landfills and land applications sites as a whole and not subdivide this 
sector. Therefore, Table L-3 lists data for selected parameters from 
facilities in the landfill and land application sector. These data 
include the eight pollutants that all facilities were required to 
monitor for under Form 2F, as well as any pollutants that EPA has 
determined may merit further monitoring.

        Table L-3.--Statistics for Selected Pollutants Reported by Landfills and Land Application Sites Submitting Part II Sampling Data i (mg/L)       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          No. of      No. of samples       Mean           Minimum          Maximum          Median      95th percentile  99th percentile
  PollutantSample       facilities   -------------------------------------------------------------------------------------------------------------------
        type        -----------------                                                                                                                   
                      Grab   Comp ii   Grab    Comp    Grab    Comp    Grab    Comp     Grab     Comp    Grab    Comp     Grab    Comp    Grab     Comp 
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...............      30       28      52      50    13.6    8.88     0.0     0.0    140.0     78.0     7.0    4.40     39.8    29.6    76.3     54.5
COD................      30       28      52      49   112.9   100.6     0.0     0.0   1220.0   1200.0    31.0    28.0    340.7   278.7   799.1    587.5
Nitrate + Nitrite                                                                                                                                       
 Nitrogen..........      29       27      51      48    1.55    1.36    0.00    0.00    22.20     16.6    0.50    0.50     4.07    3.88    8.35     8.14
Total Kjeldahl                                                                                                                                          
 Nitrogen..........      30       28      52      49    3.58    3.02    0.20     0.0    37.90     25.9    1.10    1.07    10.90   10.29   25.88     24.6
Oil & Grease.......      30      N/A      54     N/A     2.9     N/A     0.0     N/A     40.0      N/A     0.0     N/A     12.3     N/A    24.9      N/A
pH.................      32      N/A      59     N/A     N/A     N/A     3.0     N/A      8.9      N/A     7.3     N/A      9.3     N/A    10.2      N/A
Total Phosphorus...      29       27      51      48    0.89    0.93    0.00     0.0     4.28     4.49    0.50    0.36     3.92    4.30    9.30    11.46
Total Suspended                                                                                                                                         
 Solids............      30       27      52      48    2922    1812       0       0    39900    18220     628     336    19476   10933   98449    49016

[[Page 50941]]
                                                                                                                                                        
Iron, Total........       6        6       8       8    65.7    30.2     0.0     0.2    210.0    150.0    17.0     9.4   1736.4   244.8   17684  1105.9 
--------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
  as non-detect or below detection limit were assumed to be 0.                                                                                          
ii Composite samples.                                                                                                                                   


    b. Land Application Sites. At land application sites, TSS may also 
be found at elevated levels in storm water discharges (because of the 
extensive soil disturbance). The occurrence and levels of other 
pollutants in storm water discharges are dependent on the types of 
wastes applied and facility design and operation (including use of 
storm water management/treatment practices. No part 2 data for TSS or 
any other pollutants were submitted for land application sites nor was 
such data available from other sources.
    There are no Federal criteria for industrial landfill or land 
application unit design, operation, closure or post-closure care. State 
programs that address industrial landfills and land application sites 
vary considerably. As noted above, in 1988, only 35 percent of all 
industrial landfills had runon/runoff controls. However, many are 
subject to closure requirements.
3. Pollutant Control Measures Required by Other EPA Programs
    EPA recognizes that requirements under other Federal and State 
programs currently address reclamation/closure of and storm water 
management at landfill and land application sites. In developing 
requirements under this section, the Agency has considered how these 
other program requirements affect the characteristics of storm water 
discharges (e.g., by limiting contact with potential pollutant 
sources). Of specific note are recently imposed RCRA criteria at 40 CFR 
Parts 257 and 258 that address the design, operation, and closure of 
MSWLFs. These regulations are summarized below.
    Regulations at 40 CFR Part 257 classify solid waste disposal 
facilities and practices. Regulations at 40 CFR Part 258 establish 
criteria for municipal solid waste landfills. The types of criteria 
required include: location restrictions, operating criteria, design 
criteria, ground water monitoring and corrective action, closure and 
postclosure care, and financial assurance criteria. All States must 
implement the Federal MSWLF criteria primarily through State solid 
waste management plans.
    As part of the operating criteria, Part 258 requires that all 
discrete units within MSWLFs receiving waste provide for the following 
by October 1993 (it should be noted that EPA has proposed an extension 
of this deadline to April 1994):
    (a) Owners or operators of all MSWLF units must design, construct, 
and maintain:
    (1) A runon control system to prevent flow onto the active portion 
of the landfill during the peak discharge from a 25-year storm:
    (2) A runoff control system from the active portion of the landfill 
to collect and control at least the water volume resulting from a 24-
hour, 25-year storm event.
    In addition, all MSWLF units that received wastes after October 
1991 are required to meet specific closure standards (see 40 CFR 
258.60). These standards include installation of a final cover 
consisting of a minimum of 6 inches of topsoil over a minimum of 18 
inches of clay. The cover must be no more permeable than the unit's 
liner. The criteria also imply, but do not explicitly require, that 
revegetation should be performed.
    These criteria indicate that for all but the most severe storm 
events (i.e., greater than the 24-hour, 25-year storm event), new units 
within MSWLFs will be required to separate storm water discharges from 
active and inactive areas. (Active areas are defined as those that have 
not yet received a final cover [as required under 258.60].) Further, 
the closure/final cover criteria described above are intended to 
prevent contact with waste materials and minimize erosion.
4. Storm Water Pollution Prevention Plans Requirements
    The requirements for storm water pollution prevention plans under 
this section build upon the requirements included in the common 
pollution prevention requirements discussed in the front of this fact 
sheet. As such, the following discussion focuses on the plan 
requirements that are specific to landfills and land application sites. 
The rationale for the common requirements applicable to all types of 
facilities covered under today's permit (including landfills) is 
provided in Part VI of this fact sheet.
    a. Description of Potential Pollutant Sources. The first step in 
preventing pollution of storm water from landfills is to identify 
potential sources of storm water contamination. Consequently, EPA is 
requiring that landfill and land application site operators include, in 
their pollution prevention plan, a narrative description of activities 
at their facilities. The Agency is also requiring landfill permittees 
to identify on a site map the locations of active and closed cells or 
trenches, any known leachate springs or other areas where leachate may 
commingle with runoff, the locations of any leachate collection and 
handling systems, and the locations of stockpiles of landfill cover 
material. The Agency is requiring land application site permittees to 
identify on their site maps the locations of active and inactive land 
application areas and the types of wastes applied in those areas, any 
known leachate springs or other areas where leachate may commingle with 
runoff, the locations of any leachate collection and handling systems, 
and the locations of temporary waste storage areas. EPA believes these 
requirements will, in the event contamination is detected in storm 
water, facilitate the identification of any source of contamination.
    EPA is also requiring owners or operators to summarize all 
available sampling data for storm water and leachate generated at the 
site because the Agency believes these data will help to determine 
whether storm water is commingling with any leachate produced at the 
site. Finally, operators must identify any current NPDES-permitted 
discharges at their sites.
    b. Measures and Controls. EPA is requiring good housekeeping 
practices for materials storage areas exposed to precipitation and for 
vehicle tracking of sediment and waste. EPA believes good 

[[Page 50942]]
housekeeping practices provide a simple and inexpensive means of 
controlling pollutants from entering storm water and therefore will not 
be overly burdensome to regulated facilities.
    EPA believes that frequent and thorough inspections are necessary 
to ensure adequate functioning of: sediment and erosion controls, 
leachate collection systems, intermediate and final covers, and 
significant materials storage containers. Failure of any of the 
aforementioned items could cause contamination of storm water with 
sediment, leachate, or significant materials stored onsite. EPA 
believes it is necessary to conduct inspections both during storm 
events and during dry weather. Inspections during dry periods allow 
facilities to identify and address any problems prior to a storm event, 
thereby minimizing the chance for storm water contamination. 
Inspections during significant storm events ensure that measures are 
functioning as originally intended and provide an opportunity for 
facilities to observe what materials and/or activities are exposed to 
storm water. Pollution prevention plans must address the specific 
inspection requirements for active and inactive landfills and land 
application sites described in Part XI.L.3.a.(3).(d) of today's permit.
    Failures of significant materials storage containers, leachate 
collection and treatment systems, cover materials, and sedimentation 
and erosion controls can result in storm water contamination. EPA 
believes it is necessary to maintain these items in good working order 
to prevent storm water contamination. Consequently, EPA is requiring 
(in pollution prevention plans) that owners or operators ensure the 
maintenance of material storage areas to prevent leaking or rupture and 
all elements of leachate collection and treatment systems to prevent 
commingling of leachate with storm water. Pollution prevention plans 
must also describe measures to be taken to protect the integrity and 
effectiveness of any intermediate and final covers.
    EPA believes controls are needed to reduce potential TSS 
contamination of storm water and to reduce suspended solids which have 
been carried by storm water before the discharge leaves the site. 
Therefore, EPA has chosen to require that pollution prevention plans 
address both stabilization and structural controls to reduce potential 
TSS loadings to surface waters.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. This section establishes 
separate requirements for municipal solid waste landfills (MSWLFs) and 
industrial landfills. These requirements are discussed below.
    (1) MSWLFs. The Agency believes that the MSWLF criteria in 40 CFR 
258.60 will effectively separate runoff from active and inactive areas 
at newer landfills. As a result, separate requirements have been 
established for active and inactive areas at MSWLF sites.
    For discharges from active landfill areas, the Agency believes that 
there is reasonable potential for runoff to contact waste materials. In 
these areas, runoff may also become commingled with leachate. In fact, 
a significant percentage of landfill facilities that submitted group 
applications, identified leachate and wastes as ``exposed materials.'' 
In addition, total suspended solids (TSS) levels are also likely to be 
elevated where contact occurs with wastes, disturbed areas, and daily/
intermediate cover materials.
    At this time, the Agency does not believe that there are sufficient 
data available to establish numeric limits based on best available 
technology for storm water discharges from active MSWLF areas. The data 
submitted in the part 2 applications, as well as leachate data from 
available literature, suggest that a variety of constituents may be 
present at levels that are highly site-specific depending on the types 
and extent of contact with exposed wastes and extent of commingling 
with leachate. Furthermore, the volumes of runoff generated will be 
dependent on the frequency and intensity of precipitation events. For 
TSS, little or no data are available to characterize the TSS levels in 
active landfill area runoff and to assess the performance of treatment 
technologies/best management practices currently in use.
    Therefore, in this section, EPA is requiring that landfill 
operators develop storm water pollution prevention plans. For active 
landfill areas, these plans should be tailored toward minimizing 
contact of storm water with waste materials. The plans should also 
include design and implementation of best management practices and/or 
treatment methods to control the pollutants likely to be found in 
runoff at the site. For the active portion of the landfill, this 
section also requires quarterly monitoring for TSS and total 
recoverable iron (see below) to quantify the performance of BMPs/
treatment measures. These data may be used in the future in the 
development of individual and/or general permits to establish numeric 
limitations based on best available technology. It should also be noted 
that EPA is currently in the process of developing effluent limitation 
guidelines for discharges of leachate from waste management facilities 
(including MSWLFs). Where these effluent guidelines apply to discharges 
from active areas, facilities will be required to comply with these 
requirements on the effective date.
    For units/areas that ceased receiving wastes after October 1991, 
EPA believes that closure criteria under 40 CFR 258.60 will minimize or 
eliminate pollutant loadings from waste materials to storm water. For 
MSWLF units closed in accordance with these criteria, TSS should be the 
only pollutant of concern. Again, EPA does not believe that adequate 
data are currently available to establish a numeric limitation based on 
best available technology (BAT) for TSS in storm water discharges from 
inactive areas. TSS concentrations in untreated storm water discharges 
have not been sufficiently well characterized to address the site-
specific variability arising from local geology and topography along 
with individual cover materials and reclamation practices. Furthermore, 
the available data do not support an assessment of the relative 
performance of specific BMPs/treatment measures. Quarterly TSS 
monitoring is required to provide additional data to evaluate the 
effectiveness of specific control measures.
    The Agency is uncertain whether all MSWLF units which ceased 
receiving wastes prior to October 1991 will have been closed in such a 
manner to ensure long term stability and minimize the potential for 
runoff to contact wastes and leachate. Therefore, operators of units 
that were closed prior to October 1991 are required to conduct the same 
monitoring as required for active areas. This monitoring is intended to 
evaluate the integrity and performance of final cover materials in 
minimizing pollutant loadings to storm water discharges. Based on the 
results of this monitoring, the permitting authority may elect to 
continue/modify or terminate the required monitoring, provide for 
additional permit conditions (including specific BMPs and/or numeric 
limitations), or terminate coverage under the permit, as appropriate.
    An exception from most monitoring requirements is provided for 
older landfill areas closed prior to October 1991 in accordance with 
State requirements that meet or exceed the final cover criteria in 40 
CFR 258.60. Similar to newer units, TSS should be the only pollutant of 
concern at these sites and only quarterly TSS monitoring is required. 

[[Page 50943]]

    (2) Industrial Landfills. As discussed above, minimal data are 
available to characterize storm water discharges or management 
practices for industrial solid waste landfills. EPA recognizes that 
onsite landfills are likely to be dedicated waste management units. 
However, the 1988 Report to Congress indicates that these onsite units 
can be found at sites in virtually every major industrial category. 
Offsite landfills can receive industrial wastes from almost any 
sources. Further, there are no current or planned Federal minimum 
requirements for runon/runoff control and closure of these onsite and 
offsite facilities. As a result, existing State programs vary. Some 
States have extensive permitting and design standard requirements for 
industrial landfills, often for specific waste types. In contrast, 
other States have much more limited industrial solid waste programs.
    Because of the variability between sites, the need for 
representative runoff characterization data, and the lack of 
information on BMP/treatment method performance, this section does not 
establish effluent limitations for storm water discharges from 
industrial landfills. At this time, best available technology shall 
consist of development and implementation of pollution prevention 
plans. In addition, to ensure protection of water quality, the Agency 
has established monitoring requirements based on the potential for 
elevated TSS levels (due to erosion) and the concern that runoff from 
industrial landfills may contact waste materials and/or leachate.
    (3) Land Application Sites. This section includes the same 
requirements for land application sites as for industrial landfills (as 
described above). The Agency does not currently have sufficient data to 
identify specific pollutants common to land application sites and 
develop numeric limitations. Therefore, the Agency believes that 
requiring implementation of pollution prevention plans along with TSS 
and Total Recoverable iron monitoring requirements is appropriate.
    In summary, EPA believes that landfill/land application sites may 
reduce the level of pollutants in storm water runoff from their sites 
through the development and proper implementation of the storm water 
pollution prevention plan requirements discussed in today's permit. In 
order to provide a tool for evaluating the effectiveness of the 
pollution prevention plan and to characterize the discharge for 
potential environmental impacts, the permit requires landfill/land 
application sites to collect and analyze samples of their storm water 
discharges for the pollutants listed in Table L-5.
    At a minimum, storm water discharges from landfill/land application 
sites must be monitored quarterly during the second year of permit 
coverage. At the end of the second year of permit coverage, a facility 
must calculate the average concentration for each parameter listed in 
Table L-5. If the permittee collects more than four samples in this 
period, then they must calculate an average concentration for each 
pollutant of concern for all samples analyzed.

              Table L-5.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Suspended Solids (TSS) i....................  100 mg/L.           
Total Recoverable Iron ii.........................  1.0 mg/L.           
------------------------------------------------------------------------
i Applicable to all landfill and land application sites.                
ii Applicable to all facilities except MSWLF areas closed in accordance 
  with 40 CFR 258.60 requirements.                                      

    If the average concentration for a parameter is less than or equal 
to the value listed in Table L-5, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table L-5, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit. The schedule of monitoring is presented in Table L-6.

                   Table L-6.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table L-5, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table L-
                            5, then no further sampling is required for 
                            that parameter.                             
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table L-5.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Table L-5 are not 
numerical effluent limitations. These values represent a level of 
pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data, 

[[Page 50944]]
reported concentrations greater than or equal to the values listed in 
Table L-5. Facilities that achieve average discharge concentrations 
which are less than or equal to the values in Table L-5 are not 
relieved from the pollution prevention plan requirements or any other 
requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
monitoring reports described in (c) below, under penalty of law, signed 
in accordance with Part VII.G. (Signatory Requirements), that material 
handling equipment or activities, raw materials, intermediate products, 
final products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity, that 
are located in areas of the facility that are within the drainage area 
of the outfall are not presently exposed to storm water and will not be 
exposed to storm water for the certification period. Such certification 
must be retained in the storm water pollution prevention plan and 
submitted to EPA in accordance with Part VI.C. of this permit. In the 
case of certifying that a pollutant is not present, the permittee must 
submit the certification along with the monitoring reports required 
under paragraph (c) below. If the permittee cannot certify for an 
entire period, they must submit the date exposure was eliminated and 
any monitoring required up until that date. This certification option 
is not applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. Such 
permittees must submit monitoring results on signed Discharge 
Monitoring Report Forms to the Director. For each outfall, one 
Discharge Monitoring Reporting Form must be submitted per storm event 
sampled. For facilities conducting monitoring beyond the minimum 
quarterly requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Landfills 
and land application sites shall perform and document a visual 
examination of a storm water discharge associated with industrial 
activity from each outfall, except discharges exempted under paragraph 
(3) below. The examination(s) must be made at least once in each of the 
following three-month periods: January through March, April through 
June, July through September, and October through December. The 
examination shall be made during daylight hours unless there is 
insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, 

[[Page 50945]]
and management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage are (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and 
effects on the management practices that are included in the plan.

M. Storm Water Discharges Associated With Industrial Activity From 
Automobile Salvage Yards

1. Industry Profile
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This definition included point source discharges of storm 
water from eleven categories of facilities, including ``* * * battery 
reclaimers, salvage yards, and automobile recyclers, including but 
limited to those classified as Standard Industrial Classification 
5015.* * *''
    This section establishes special conditions for the storm water 
discharges associated with industrial activities at automobile salvage 
yards. Washwaters from vehicle, equipment, and parts cleaning areas are 
process wastewaters. Discharges of process wastewater and discharges 
subject to process wastewater effluent limitation guidelines are not 
eligible for coverage under this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    This section has been developed for storm water discharges 
associated with activities related to dismantling of used motor 
vehicles for the purpose of selling parts. As stated above, category 
(vi) of the definition of storm water discharges associated with 
industrial activity includes facilities primarily engaged in the 
wholesale or retail distribution of used motor vehicle parts and 
classified as SIC code 5015. Dismantlers are a major source for 
replacement parts for motor vehicles in service.
    The following description summarizes operations that might occur at 
a typical automobile dismantling facility. The primary activity 
involves the dismantling or wrecking of used motor vehicles. Some 
facilities, however, perform vehicle maintenance and may rebuild 
vehicles for resale.
    Typically, automobile dismantling facilities receive vehicles that 
are either uneconomical to run or wrecks that are uneconomical to 
repair. The nature of operations generally depends on the size and 
location of the facility. In urban areas where land is more valuable, 
vehicles are typically dismantled upon arrival, parts are segregated, 
cleaned, and stored. Remaining hulks are generally sold to scrap 
dealers rather than stored onsite due to limited space. In more rural 
areas, discarded vehicles are typically stored on the lot and parts 
removed as necessary. Remaining hulks are sold to scrap dealers less 
frequently.
    Once a used vehicle is brought to the site, fluids may be drained 
and the tires, gas tank, radiator, engine and seats may be removed. The 
dismantler may separate and clean parts. Such cleaning may include 
steam cleaning of the engine and transmission as well as the use of 
solvents to remove oil and grease and other residues. Usable parts are 
then inventoried and stored for resale. The remaining car and/or truck 
bodies are stored onsite for future sale of the sheet metal and glass. 
Stripped vehicles and parts that have no resale value are typically 
crushed and sold to a steel scrapper. Some operations may, however, 
convert used vehicles and parts into steel scrap as a secondary 
operation. This is accomplished by incineration, shearing (bale 
shearer), shredding, or baling.
    According to the 1987 census, 6,075 establishments reported SIC 
code 5015 as their primary SIC code, although some estimates indicate 
that there may be as many as 11,000 to 12,000 of these facilities.\89\ 
Vehicle wreckers and dismantlers are generally small, privately owned 
businesses. Most facilities employ 10 or fewer employees and derive the 
majority of their profits from the sale of usable parts. Only a small 
percentage of this universe consists of large establishments with 
fleets of trucks, cranes, mobile balers and computers to maintain 
inventories of parts.\90\

    \89\ ''The Automobile Scrap Processing Industry,'' Howard Ness, 
P.E., 1984.
    \90\ Ibid.
---------------------------------------------------------------------------

    Table M-1 below lists potential pollutant sources from activities 
that commonly take place at automobile salvage yards.

                                                                        

[[Page 50946]]
                  Table M-1.--Common Pollutant Sources                  
------------------------------------------------------------------------
        Activity             Pollutant source           Pollutants      
------------------------------------------------------------------------
Vehicle Dismantling....  Oil, anti-freeze,        Oil and grease,       
                          batteries, gasoline,     ethylene glycol,     
                          diesel fuel, hydraulic   heavy metals.        
                          fluids.                                       
Used Parts Storage.....  Batteries, chrome        Sulfuric acid,        
                          bumpers, wheel balance   galvanized metals,   
                          weights, tires, rims,    heavy metals,        
                          filters, radiators,      petroleum            
                          catalytic converters,    hydrocarbons,        
                          engine blocks, hub       suspended solids.    
                          caps, doors,                                  
                          drivelines, galvanized                        
                          metals, mufflers.                             
Outdoor Vehicle and      Leaking engines,         Oil and grease,       
 Equipment Storage.       chipping/corroding       arsenic, organics,   
                          bumpers, chipping        heavy metals, TSS.   
                          paint, galvanized                             
                          metal.                                        
Vehicle and Equipment    Parts cleaning.........  Chlorinated solvents, 
 Maintenance.                                      oil and grease, heavy
                                                   metals, acid/alkaline
                                                   wastes.              
                         Waste disposal of        Oil, heavy metals,    
                          greasy rags, oil         chlorinated solvents,
                          filters, air filters,    acid/alkaline wastes 
                          batteries, hydraulic     oil, heavy metals,   
                          fluids, transmission     chlorinated solvents,
                          fluids, radiator         acid/alkaline wastes,
                          fluids, degreasers.      ethylene glycol.     
                         Spills of oil,           Oil, arsenic, heavy   
                          degreasers, hydraulic    metals, organics,    
                          fluids, transmission     chlorinated solvents,
                          fluid, and radiator      ethylene glycol      
                          fluids.                                       
                         Fluids replacement,      Oil, arsenic, heavy   
                          including oil,           metals, organics,    
                          hydraulic fluids,        chlorinated solvents,
                          transmission fluid,      ethylene glycol.     
                          and radiator fluids.                          
Vehicle, Equipment, and  Washing and steam        Oil and grease,       
 Parts Washing Areas.     cleaning waters.         detergents, heavy    
                                                   metals, chlorinated  
                                                   solvents, phosphorus,
                                                   salts, suspended     
                                                   solids.              
Liquid Storage in Above  External corrosion and   Fuel, oil and grease, 
 Ground Storage Tanks.    structural failure.      heavy metals,        
                                                   materials being      
                                                   stored.              
                         Installation problems..  Fuel, oil and grease, 
                                                   heavy metals,        
                                                   materials being      
                                                   stored.              
                         Spills and overfills     Fuel, oil and grease, 
                          due to operator error.   heavy metals,        
                                                   materials being      
                                                   stored.              
Illicit Connection to    Process wastewater.....  Dependent on          
 Storm Sewer.                                      operations.          
                         Sanitary water.........  Bacteria, biochemical 
                                                   oxygen demand (BOD), 
                                                   suspended solids.    
                         Floor drain............  Oil and grease, heavy 
                                                   metals, chlorinated  
                                                   solvents, fuel,      
                                                   ethylene glycol.     
                         Vehicle washwaters.....  Oil and grease,       
                                                   detergents, metals,  
                                                   chlorinated solvents,
                                                   phosphorus, suspended
                                                   solids.              
                         Radiator flushing        Ethylene glycol.      
                          wastewater.                                   
                         Leaking underground      Materials stored or   
                          storage tanks.           previously stored.   
------------------------------------------------------------------------
Sources:                                                                
NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
  1991 through December 31, 1992.                                       
Alabama Department of Environmental Management. September 30, 1992.     
  ``Best Management Plan for Automobile Salvage Yards--Final Report.''  
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
  91/016.                                                               
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
  013.                                                                  
EPA, Office of Research and Development. May 1992. ``Facilities         
  Pollution Prevention Guide.'' EPA/600/R-92/088.                       
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             


2. Pollutants in Storm Water Discharges Associated With Automobile 
Salvage Yards.
    Impacts caused by storm water discharges from automobile salvage 
yards will vary. Several factors influence to what extent operations at 
the site can affect water quality. Such factors include: geographic 
location; hydrogeology; the types of industrial activity occurring 
outside (e.g., dismantling, vehicle and parts storage, or steam 
cleaning); the size of the operation; and the type, duration, and 
intensity of precipitation events. Each of these, and other factors, 
will interact to influence the quantity and quality of storm water 
runoff. For example, outdoor storage of leaking engine blocks may be a 
significant source of pollutants at some facilities, while dismantling 
operations is the primary source at others. In addition, sources of 
pollutants other than storm water, such as illicit connections,\91\ 
spills, and other improperly dumped materials, may increase the 
pollutant loading discharged into waters of the United States.

    \91\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any number of sources 
including improper connections, dumping or spills from industrial 
facilities, commercial establishments, or residential dwellings. The 
probability of illicit connections at used motor vehicle parts 
facilities is low yet it may be applicable at some operations.
---------------------------------------------------------------------------

    EPA has identified the storm water pollutants and sources resulting 
from various automobile salvage yard activities in Table M-1. Table M-1 
identifies oil, heavy metals, acids, and ethylene glycol as some of the 
parameters of concern at automobile salvage yards.
    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
automobile salvage yards as a whole and not subdivide this sector. 
Therefore, Table M-2 lists data for selected parameters from facilities 
in the automobile salvage yards sector. These data include the eight 
pollutants that all 

[[Page 50947]]
facilities were required to monitor under Form 2F, as well as the 
pollutants that EPA determined merit further monitoring.

              Table M-2.--Statistics for Selected Pollutants Reported by Automobile Salvage Yards Submitting Part II Sampling Data i (mg/L)             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            No. of        No. of          Mean           Minimum         Maximum           Median      95th percentile   99th percentile
                          facilities      samples   ----------------------------------------------------------------------------------------------------
 Pollutant Sample type -----------------------------                                                                                                    
                         Grab   Comp    Grab   Comp   Grab    Comp    Grab    Comp     Grab    Comp    Grab     Comp    Grab     Comp     Grab     Comp 
---------------------------------ii---------------------------------------------------------------------------------------------------------------------
BOD5..................     45      59     58     74    15.9   12.37     2.0     0.0    216.0    84.0     7.0      6.0    42.3    38.62     82.5    77.33
COD...................     65      43     83     54   123.8   73.52     0.0    11.0   1660.0   215.0    62.0     54.5   365.2    177.2    722.3    279.3
Nitrate + Nitrite                                                                                                                                       
 Nitrogen.............     45      58     58     73    1.02    2.38    0.00     0.0     6.50    69.3    0.60     0.67    3.23     6.96     6.52     17.0
Total Kjeldahl                                                                                                                                          
 Nitrogen.............     37      51     50     68    3.19    2.20    0.04    0.04     18.0   011.0    2.00     1.68   10.22     6.01    19.48     10.2
Oil & Grease..........     41     N/A     58    N/A     7.0     N/A     0.0     N/A     84.0     N/A     3.0      N/A    26.8      N/A     60.5      N/A
pH....................     67     N/A     87    N/A     N/A     N/A     3.1     N/A      9.1     N/A     7.3      N/A     9.0      N/A      9.9      N/A
Total Phosphorus......     39      54     52     66    0.76    1.22    0.00    0.00    11.20    45.0    0.15     0.11    2.61     2.49     7.70     7.79
Total Suspended Solids     47      60     60     76     552   524.9       0     1.0     4200    8565     196   166.00    2473   2462.6     6951   7999.9
Aluminum, Total.......     37      34     37     34   13.38    9.14    0.30    0.40    88.00   45.20    8.50     5.95   61.05    36.47   158.90    81.08
Iron, Total...........     37      34     37     34    19.1    11.2     0.9     0.7     95.0    54.0    10.7      7.5    82.3     43.9    212.2     98.6
Lead, Total...........     22      22     24     22   0.340   0.200   0.100   0.100    1.400   0.600    0.21     0.10   0.884    0.467    1.512    0.731
--------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
  as non-detect or below detection limit were assumed to be 0.                                                                                          
ii Composite samples.                                                                                                                                   

3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology (BCT)]. The Agency does not believe that 
it is appropriate to establish specific numeric effluent limitations or 
a specific design or performance standard in this section for storm 
water discharges associated with industrial activity from automobile 
salvage yard operations to meet the BAT/BCT standards of the Clean 
Water Act. Because of the diversity of operations at automobile salvage 
yards and the lack of sufficient storm water water quality data 
currently available to EPA, establishing numeric effluent limitations 
is not feasible at this time. Rather, this section establishes 
requirements for the development and implementation of a site-specific 
storm water pollution prevention plan consisting of a set of Best 
Management Practices that are sufficiently flexible to address 
different sources of pollutants at different sites.
    Best Management Practices (BMPs) are implemented to prevent and/or 
eliminate pollutants in storm water discharges. EPA believes the most 
effective BMPs for reducing pollutants in storm water discharges from 
automobile salvage yards is through exposure minimization practices. 
Exposure minimization practices minimize the potential for storm water 
to come in contact with pollutants. These BMP methods are generally 
uncomplicated and inexpensive practices. They are easy to implement, 
and require little or no maintenance. In some instances, more 
resources-intensive BMPs, including detention ponds or filtering 
devices, may be necessary depending on the type of discharge, types and 
concentrations of contaminants, and volume of flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, hydrogeology and the environmental setting of each facility, 
and volume and type of discharge generated. Each facility will be 
unique in that the source, type, and volume of contaminated storm water 
discharges will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with automobile salvage yards.
    Part 1 group application data indicate that BMPs have not been 
widely implemented at the representative sampling facilities. Less than 
5 percent of the sampling subgroup list indoor storage as a material 
management practice. Less than 8 percent of the representative sampling 
facilities use covering at their storage areas. Less than 3 percent of 
the representative facilities utilize waste minimization practices. The 
most commonly listed (approximately 20 percent) material management 
practice is draining fluids from vehicles prior to storage. Because 
BMPs described in part 1 data are limited, Table M-3 is provided to 
identify BMPs associated with activities that may be employed at 
automobile salvage yards.

        Table M-3.--Storm Water BMPs for Automobile Salvage Yards       
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
Dismantling and vehicle    Drain all fluids from vehicles upon arrival  
 maintenance.               at the site. Segregate the fluids and       
                            properly store or dispose of them.          
                           Maintain an organized inventory of materials 
                            used in the maintenance shop.               
                           Keep waste streams separate (e.g., waste oil 
                            and mineral spirits). Nonhazardous          
                            substances that are contaminated with a     
                            hazardous substance is considered a         
                            hazardous substance.                        
                           Recycle anti-freeze, gasoline, used oil,     
                            mineral spirits, and solvents.              
                           Dispose of greasy rags, oil filters, air     
                            filters, batteries, spent coolant, and      
                            degreasers properly.                        
                           Label and track the recycling of waste       
                            material (e.g., used oil, spent solvents,   
                            batteries).                                 
                           Drain oil filters before disposal or         
                            recycling.                                  

[[Page 50948]]
                                                                        
                           Store cracked batteries in a nonleaking      
                            secondary container.                        
                           Promptly transfer used fluids to the proper  
                            container. Do not leave full drip pans or   
                            other open containers around the shop. Empty
                            and clean drip pans and containers.         
                           Do not pour liquid waste down floor drains,  
                            sinks, or outdoor storm drain inlets.       
                           Plug floor drains that are connected to the  
                            storm or sanitary sewer. If necessary,      
                            install a sump that is pumped regularly.    
                           Inspect the maintenance area regularly for   
                            proper implementation of control measures.  
                           Filtering storm water discharges with devices
                            such as oil-water separators.               
                           Train employees on proper waste control and  
                            disposal procedures.                        
Outdoor vehicle,           Use drip pans under all vehicles and         
 equipment, and parts       equipment waiting for maintenance and during
 storage.                   maintenance.                                
                           Store batteries on impervious surfaces. Curb,
                            dike or berm this area.                     
                           Confine storage of parts, equipment and      
                            vehicles to designated areas.               
                           Cover all storage areas with a permanent     
                            cover (e.g., roofs) or temporary cover      
                            (e.g., canvas tarps).                       
                           Install curbing, berms or dikes around       
                            storage areas.                              
                           Inspect the storage yard for filling drip    
                            pans and other problems regularly.          
                           Train employees on procedures for storage and
                            inspection items.                           
Vehicle, equipment and     Avoid washing parts or equipment outside.    
 parts washing areas.                                                   
                           Use phosphate-free biodegradable detergents. 
                           Consider using detergent-based or water-based
                            cleaning systems in place of organic solvent
                            degreasers.                                 
                           Designate an area for cleaning activities.   
                           Contain steam cleaning washwaters or         
                            discharge under an applicable NPDES permit. 
                           Ensure that washwaters drain well.           
                           Inspect cleaning area regularly.             
                           Install curbing, berms or dikes around       
                            cleaning areas.                             
                           Train employees on proper washing procedures.
Liquid storage in above    Maintain good integrity of all storage       
 ground containers.         containers.                                 
                           Install safeguards (such as diking or        
                            berming) against accidental releases at the 
                            storage area.                               
                           Inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           Inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, and valves) for  
                            failures or leaks.                          
                           Train employees on proper filling and        
                            transfer procedures.                        
Improper connection with   Plug all floor drains if it is unknown       
 storm sewers.              whether the connection is to storm sewer or 
                            sanitary sewer systems. Alternatively,      
                            install a sump that is pumped regularly.    
                           Perform dye testing to determine if          
                            interconnections exist between sanitary     
                            water system and storm sewer system.        
                           Update facility schematics to accurately     
                            reflect all plumbing connections.           
                           Install a safeguard against vehicle          
                            washwaters and parts cleaning waters        
                            entering the storm sewer unless permitted.  
                           Maintain and inspect the integrity of all    
                            underground storage tanks; replace when     
                            necessary.                                  
                           Train employees on proper disposal practices 
                            for all materials.                          
------------------------------------------------------------------------
Sources: NPDES Storm Water Group ApplicationsPart 1. Received by EPA   
  March 18, 1991 through December 31, 1992.                             
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
  91/0.                                                                 
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
  013.                                                                  
EPA, Office of Research and Development. May 1992. ``Facility Pollution 
  Prevention Guide.'' EPA/600/R-92/088.                                 
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             
Minnesota Technical Assistance Program. September 1988. ``Waste         
  minimization--Auto Salvage Yards.''                                   


4. Pollutant Control Measures Required Through Other EPA Programs
    Because hazardous substance including oil, gasoline, and lead are 
commonly found at automobile salvage yards, such facilities may be 
subject to other State or Federal environmental protection programs. In 
particular, as described below, the Resource Conservation and Recovery 
Act (RCRA) and the Underground Storage Tank (UST) programs require 
careful management of materials used onsite which decreases the 
probability that storm water from such areas will be contaminated by 
these materials.
    Under the RCRA program, on September 10, 1992, EPA promulgated 
standards in 40 CFR Part 279 for the management of used oils that are 
recycled (57 FR 41566). These standards include requirements for used 
oil generators, transporters, processors/re-refiners, and burners. The 
standards for used oil generators apply to all generators, regardless 
of the amount of used oil they generate. Do-it-yourself (DIY) 
generators which generate used oil from the maintenance of their 
personal vehicles, however, are not subject to the management standards 
in 40 CFR 279.20(a)(1)).
    The requirements for used oil generators were designed to impose a 
minimal burden on generators while protecting human health and the 
environment from the risks associated with managing used oil. Under 
Subpart C of 40 CFR Part 279, used oil generators must not store used 
oil in units other than tanks, containers, or units subject to 
regulation under 40 CFR Parts 264/265 (Section 279.22(a)). In other 
words, generators may store used oil in tanks or containers that are 
not subject to Subpart J (hazardous waste 

[[Page 50949]]
tanks) or Subpart I (containers) of 40 CFR Parts 264/265, as long as 
such tanks or containers are maintained in compliance with the used oil 
management standards. This does not preclude generators from storing 
used oil in Subpart J tanks or Subpart I containers or other units, 
such as surface impoundments (Subpart K), that are subject to 
regulation under 40 CFR Part 264 or 265.
    Storage units at generator facilities must be maintained in good 
condition and labeled with the words ``used oil.'' Upon detection of a 
release of used oil to the environment, a generator must take steps to 
stop the release, contain the released used oil, and properly manage 
the released used oil and other materials [40 CFR 279.22 (b) to (d)]. 
Generators storing used oil in underground storage tanks are subject to 
the UST regulations in 40 CFR Part 280.
    If used oil generators ship used oil offsite for recycling, they 
must use a transporter who has notified EPA and obtained an EPA 
identification number [40 CFR 279.24].
    The technical standards for USTs at 40 CFR Part 280 require that 
new UST systems (defined as systems for which installation commenced 
after December 12, 1988) use overfill prevention equipment that will: 
1) automatically shut off flow into the tank when the tank is no more 
than 95 percent full; or 2) alert the transfer operator when the tank 
is no more than 90 percent full by restricting the flow into the tank 
or triggering a high level alarm. The preceding requirements do not 
apply to systems that are filled by transfers of no more than 25 
gallons at one time. Existing UST systems (defined as systems for which 
installation has commenced on or before December 12, 1988) are required 
to have installed the described overfill prevention equipment by 
December 12, 1998.
5. Storm Water Pollution Prevention Plan Requirements
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
automobile salvage yards. Pollution prevention plans allow the operator 
of a facility to select BMPs based on site-specific considerations such 
as: facility size; climate; geographic location; geology/hydrology; the 
environmental setting of each facility; and volume and type of 
discharge generated. This flexibility is necessary because each 
facility will be unique in that the source, type, and volume of 
contaminated surface water discharges will differ from site to site.
    Under today's general permit, all facilities must prepare and 
implement a storm water pollution prevention plan. The establishment of 
a pollution prevention plan requirement reflects EPA's decision to 
allow operators of automobile salvage yards to utilize BMPs as the BAT/
BCT level of control for the storm water discharges covered by this 
section. The requirements included in pollution prevention plans 
provide a flexible framework for the development and implementation of 
site specific controls to minimize pollutants in storm water 
discharges. This approach and associated deadlines are consistent with 
EPA's storm water general permits finalized on September 9, 1992 and 
September 25, 1992 for discharges in nonauthorized NPDES States (57 FR 
41236).
    There are two major objectives to a pollution prevention plan: 1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and 2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Specific requirements for a pollution prevention plan for 
automobile salvage yards are described below. These requirements must 
be implemented in addition to the baseline pollution prevention plan 
provisions discussed previously.
    a. Contents of the Plan. Storm water pollution prevention plans are 
intended to aid operators of automobile salvage yards to evaluate all 
potential pollution sources at a site, and assist in the selection and 
implementation of appropriate measures designed to prevent, or control, 
the discharge of pollutants in storm water runoff. EPA has developed 
guidance entitled ``Storm Water Management for Industrial Activities: 
Developing Pollution Prevention Plans and Best Management Practices,'' 
EPA, 1992, (EPA 832-R-92-006) to assist permittees in developing and 
implementing pollution prevention measures.
    (1) Description of Potential Pollution Sources. There are no 
requirements beyond those described in Part VI.C.2 of this fact sheet.
    (2) Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must evaluate, 
select, and describe the pollution prevention measures, best management 
practices (BMPs), and other controls that will be implemented at the 
facility. For the following areas at the site, the permittee must 
assess the applicability of the corresponding BMPs:
    Vehicle Dismantling and Maintenance Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for vehicle dismantling and maintenance. The 
facility must consider draining and segregating all fluids from 
vehicles upon arrival at the site, or as soon as feasible thereafter. 
The facility must consider performing all maintenance activities 
indoors, maintaining an organized inventory of materials used in the 
shop, draining all parts fluids prior to disposal, prohibiting the 
practice of hosing down the shop floor, using dry cleanup methods, and/
or collecting the storm water runoff from the maintenance area and 
providing treatment. Where dismantling and maintenance activities can 
not take place indoors, facilities may consider methods for containing 
oil or other fluid spillage during parts removal. Drip pans, large 
plastic sheets, or canvas may be considered for placement under 
vehicles or equipment during maintenance and dismantling activities. 
Where drip pans are used, they should not be left unattended to prevent 
accidental spills.
    Vehicle, Parts, and Equipment Storage Areas--The storage of 
vehicles, parts, and equipment must be confined to designated areas 
(delineated on the site map). The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from these 
areas. The facility must consider the use of drip pans, large sheets of 
plastic, canvas (or equivalent measures) under vehicles, parts, and 
equipment. Canvas or sheets of plastic may be used as temporary 
coverage of storage areas. Indoor storage of vehicles, parts and 
equipment, as well as the installation of roofs, curbing, berming and 
diking of these areas must be considered. Large plastic or metal bins 
with secure lids should be used to store oily parts (e.g., small engine 
parts). Used batteries should be stored within nonleaking secondary 
containment or by other equivalent means to prevent leaks of acid into 
storm water discharges.
    Material Storage Areas--As part of a good housekeeping program, 
consider labeling storage units of all materials (e.g., used oil, used 
oil filters, spent solvents, paint wastes, radiator fluids, 
transmission fluids, hydraulic fluids). Maintain such containers and 
units in good condition, so as to prevent contamination of storm water. 
The plan must describe measures that prevent or minimize contamination 
of the storm 

[[Page 50950]]
water runoff from such storage areas. The facility may consider indoor 
storage of the materials and/or installation of berming and diking of 
the area.
    Vehicle, Equipment, and Parts Cleaning Areas--The plan must 
describe measures that prevent or minimize contamination of storm water 
from all areas used for vehicle, equipment, and parts cleaning. The 
facility must consider performing all cleaning operations indoors. In 
addition, the facility must consider covering or berming the cleaning 
operation area. Washwaters from vehicle, equipment, and parts cleaning 
areas are process wastewaters that are not authorized discharges under 
this section.
    These four areas are sources of pollutants in storm water from 
automobile salvage yards. EPA believes that the incorporation of BMPs 
such as those suggested, in conjunction with a pollution prevention 
plan, will substantially reduce the potential of storm water 
contamination from these areas. In addition, EPA believes that these 
requirements continue to provide the necessary flexibility to address 
the variable risk for pollutants in storm water discharges associated 
with different facilities.
    (a) Preventive Maintenance--Permittees are required to develop a 
preventive maintenance program that includes regular inspections and 
maintenance of storm water BMPs. The purpose of the inspections, which 
may coincide with the inspections required in (b) below, is to check on 
the effectiveness of the storm water pollution prevention plan. The 
inspections allow facility personnel to monitor the success or failure 
of elements of the plan on a regular basis. The use of an inspection 
checklist should be considered. The checklist will ensure that all 
required areas are inspected, as well as help to meet the recordkeeping 
requirements. In addition to regular inspections, employees identifying 
potential problems during their daily activities, such as leaks or 
spills, shall take appropriate measures to address these problems as 
soon as feasible.
    (b) Inspections--This section requires that in addition to the 
comprehensive site evaluation required under Part XI.M.3.a. of today's 
permit, qualified facility personnel shall be identified to inspect: 
upon arrival, or as soon as feasible thereafter, all vehicles for 
leaks; any equipment containing oily parts, hydraulic fluids, or any 
other fluids, at least quarterly for leaks; and any outdoor storage 
containers for liquids, including, but not limited to, brake fluid, 
transmission fluid, radiator water, and anti-freeze, at least quarterly 
for leaks.
    In addition, qualified facility personnel are required to conduct, 
at a minimum, quarterly visual inspections of BMPs. The inspections 
shall include: (1) an assessment of the integrity of any flow diversion 
or source minimization systems; and (2) visual inspections of 
dismantling areas; outdoor vehicle, equipment, and parts storage area; 
vehicle and equipment maintenance areas; vehicle, equipment, and parts 
washing areas; and liquid storage in above ground containers. A set of 
tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections.
    The quarterly inspections must be made at least once in each of the 
following designated periods during daylight hours: January through 
March (storm water runoff or snow melt); April through June (storm 
water runoff); July through September (storm water runoff); October 
through December (storm water runoff). Records of inspections shall be 
maintained as part of the plan.
    (c) Employee Training--Permittees are required to include a 
schedule for conducting training in the plan. 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. Employee training must, at a minimum, 
address the following areas when applicable to a facility: used oil 
management; spill prevention and response; good housekeeping practices; 
used battery management; and proper handling (i.e., collection, 
storage, and disposal) of all fluids. This training should serve as: 
(1) training for new employees; (2) a refresher course for existing 
employees; and (3) training for all employees on any storm water 
pollution prevention techniques recently incorporated into the plan, 
where appropriate, contractor personnel also must be trained in 
relevant aspects of storm water pollution prevention.
    (d) Recordkeeping and Internal Reporting--Permittees must describe 
procedures for developing and retaining records on the status and 
effectiveness of plan implementation. The plan must address spills, 
monitoring, and BMP inspection and maintenance activities. Ineffective 
BMPs must be reported and the date of their corrective action noted.
    (e) Storm Water Management--The permittee must evaluate the 
appropriateness of each storm water BMP that diverts, infiltrates, 
reuses, or otherwise reduces the discharge of contaminated storm water. 
In addition, the permittee must describe the storm water pollutant 
source area or activity (i.e., loading and unloading operations, raw 
material storage piles etc.) to be controlled by each storm water 
management practice.
    (3) Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
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 this 
section. Comprehensive site compliance evaluations should be conducted 
at least once a year for automobile salvage yards. These evaluations 
are intended to be more in depth than the quarterly visual inspections. 
The individual or individuals who will conduct the evaluations must be 
identified in the plan and should be members of the pollution 
prevention team. Evaluation reports must be retained for at least 3 
years after the date of the evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and never more than 12 weeks after completion of the 
evaluation.
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that automobile 
salvage yards may reduce the level of pollutants in storm water runoff 
from their sites through the development and proper implementation of 
the storm water pollution prevention plan requirements discussed in 
today's permit. In order to provide a tool for evaluating the 
effectiveness of the pollution prevention plan and to characterize the 
discharge for potential environmental impacts, the permit requires 
automobile yards to collect and analyze samples of their storm water 
discharges for the pollutants listed in Table M-4. The pollutants 
listed in Table M-4 were found to be above benchmark levels for a 
significant portion of sampling facilities that submitted quantitative 
data in the group application process. EPA is requiring monitoring for 
these pollutants after the pollution prevention 

[[Page 50951]]
plan has been implemented to assess the effectiveness of the pollution 
prevention plan and to help ensure that a reduction of pollutants is 
realized.
    At a minimum, storm water discharges from automobile salvage yards 
must be monitored quarterly during the second year of permit coverage, 
unless the facility exercises the Alternative Certification in Section 
VI.E.3 of this fact sheet. At the end of the second year of permit 
coverage, a facility must calculate the average concentration for each 
parameter listed in Table M-4. If the permittee collects more than four 
samples in this period, then they must calculate an average 
concentration for each pollutant of concern for all samples analyzed.

              Table M-4.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Suspended Solids............................  100 mg/L.           
Total Recoverable Aluminum........................  0.75 mg/L.          
Total Recoverable Iron............................  1.0 mg/L.           
Total Recoverable Lead............................  0.0816 mg/L.        
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Table M-4, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table M-4, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit. The schedule of monitoring is presented in Table M-5.

                   Table M-5.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table M-4, then    
                            quarterly sampling is required during the   
                            fourth year of the permit.                  
                            If average concentration is less    
                            than or equal to the value listed in Table M-
                            4, then no further sampling is required for 
                            that parameter.                             
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table M-4.                  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative certification 
described below is necessary to ensure that monitoring requirements are 
only imposed on those facilities that do, in fact, have storm water 
discharges containing pollutants at concentrations of concern. EPA has 
determined that if materials and activities are not exposed to storm 
water at the site, then the potential for pollutants to contaminate 
storm water discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall or on a pollutant-by-pollutant basis, in lieu of 
sampling described under Part VIII.M.6.a of this factsheet, under 
penalty of law, signed in accordance with Part VII.G (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, significant materials 
from past industrial activity, that are located in areas of the 
facility that are within the drainage area of the outfall are not 
presently exposed to storm water and will not be exposed to storm water 
for the certification period. Such certification must be retained in 
the storm water pollution prevention plan and submitted to EPA in lieu 
of monitoring reports. The permittee is required to complete any and 
all sampling until the exposure is eliminated. If the facility is 
reporting for a partial year, the permittee must specify the date 
exposure was eliminated. If the permittee is certifying that a 
pollutant was present for part of the reporting period, nothing 
relieves the permittee from the responsibility to sample that parameter 
up until the exposure was eliminated and it was determined that no 
significant materials remained. This certification is not to be 
confused with the low concentration sampling waiver. The test for the 
application of this certification is whether the pollutant is exposed, 
or can reasonably be expected to be present in the storm water 
discharge. If the facility does not and has not used a parameter, or if 
exposure is eliminated and no significant materials remain, then the 
facility can exercise this certification. The Agency does not expect 
that 

[[Page 50952]]
facilities will be able to use the alternative certification for 
indicator parameters such as TSS and BOD. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
per storm event sampled. For facilities conducting monitoring beyond 
the minimum requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The 72-hour 
storm event interval is waived where the preceding measurable storm 
event did not result in a measurable discharge from the facility. The 
required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. All 
automobile salvage yard facilities are required to conduct quarterly 
visual examinations of storm water discharges from each outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, clarity, floating solids, settled solids, suspended 
solids, foam, oil sheen, or other obvious indicators of storm water 
pollution. The examination must be conducted in a well lit area. No 
analytical tests are required to be performed on these samples. The 
examinations must be of a grab sample collected from each storm water 
outfall.
    The examination must be made at least once in each of the following 
three-month periods: January through March, April through June, July 
through September, and October through December. The examinations shall 
be made during daylight unless there is insufficient rainfall or snow-
melt to runoff. Whenever practicable, the same individual should carry 
out the collection and examination of discharges throughout the life of 
the permit to ensure the greatest degree of consistency possible. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 1 hour) of when the runoff 
begins discharging. Reports of the visual examination include: the 
examination date and time, examination personnel, visual quality of the 
storm water discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

N. Storm Water Discharges Associated With Industrial Activity From 
Scrap Recycling and Waste Recycling Facilities

1. Industry Profile
    Specific requirements have been established for those facilities 
that are engaged in the processing, reclaiming and wholesale 
distribution of scrap and recyclable waste materials. As background, 
the storm water regulations define 11 categories of storm water 
discharges associated with industrial activity in 40 CFR 122.26(b)(14). 
Category (vi) includes facilities that are engaged in the recycling of 
materials, including metal scrapyards, battery reclaimers, and salvage 
yards, including but limited to those classified Standard Industrial 
Classification (SIC) 5093. For purposes of this section, special 
conditions have been included for those facilities engaged in the 
reclaiming and retail/wholesale distribution of used 

[[Page 50953]]
motor vehicle parts identified as SIC 5015 in Part XI.M.
    SIC 5093 includes establishments engaged in assembling, breaking 
up, sorting and the wholesale distribution of scrap and recyclable 
waste materials including bag, bottle and box wastes, fur cuttings, 
iron and steel scrap, metal and nonferrous metal scrap, oil, plastics, 
rags, rubber, textiles, waste paper, aluminum and tin cans, and rag 
wastes. For purposes of this permit, the term waste recycling facility 
applies to those facilities that receive a mixed wastestream of non-
recyclable and recyclable wastes. The term recycling facility applies 
to those facilities that receive only source-separated recyclable 
materials primarily from non-industrial and residential sources. For 
purposes of this permit the term recycling facility also applies to 
those facilities commonly identified as material recovery facilities 
(MRF).
    Part XI.N of the permit is segregated into three separate classes 
of recycling facilities: (1) scrap recycling and waste recycling 
facilities (non-liquid recyclable wastes); (2) liquid recyclable waste 
facilities; and (3) recycling facilities. Each of these three classes 
of recycling facilities have separate pollution prevention plan and 
monitoring requirements. EPA further clarifies that battery reclaimers 
engaged in the breaking up of used lead-acid batteries are not eligible 
for coverage under this permit. Facilities that participated in U.S. 
Environmental Protection Agency (EPA) Group Permit Applications 195, 
274, 467, 596, 647 (except facilities identified as SIC 4212), 826, 
1035, 1145 and 1204 are eligible for coverage under this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.

2. Pollutants Found in Storm Water Discharges

    This fact sheet is organized into three major subsections: scrap 
and waste recycling facilities (nonliquid wastes); industrial 
activities engaged in reclaiming and recycling liquid wastes, e.g., 
used oils, solvents, mineral spirits and antifreeze; and recycling 
facilities (including material recovery facilities) that receive only 
source-separated recyclable materials primarily from non-industrial and 
residential sources including waste paper, newspaper, glass bottles, 
plastic containers, aluminum and tin cans, and cardboard. Industrial 
operations and BMPs associated with these three groups are dissimilar 
enough to warrant establishing separate permit conditions for each 
group. Therefore, conditions for each of these three groups are 
identified separately.
    a. Scrap and Waste Recycling Facilities (SIC 5093) (nonliquid 
recyclable wastes). The scrap recycling and waste recycling industry 
reclaims, processes and provides wholesale distribution of a diversity 
of materials and products. Typical recyclable materials include ferrous 
and nonferrous metals, paper, cardboard, animal hides, glass and 
plastic. Inbound recyclable materials are processed onsite in order to 
achieve a uniform grade product that meets a particular manufacturer's 
specifications. A significant inventory of processing equipment is 
frequently required to process recyclable waste material into a uniform 
grade. Processing equipment typically employ enormous physical forces 
such as shearing, shredding, and compacting in the process of 
eventually achieving a desired uniform grade product.
    Individual scrap and waste recycling facilities may process one or 
more types of recyclable materials at a single site. Depending on the 
requirements of a manufacturer, recyclable waste materials, e.g., paper 
and cardboard, may need to be stored under cover to prevent 
deterioration. The bulk size of the recyclable waste materials and the 
processing equipment associated with these facilities frequently 
necessitates stockpiling materials and equipment outdoors. 
Consequently, there is significant opportunity for exposure of storm 
water runoff to pollutants. The extent of material potentially exposed 
to storm water runoff is illustrated in the following table based on 
information provided from one group application consisting of 
approximately 1,100 members.

   Table N-1.--Percentage of Applicants in One Group Application That   
                Provide Cover Over Materials or Processes               
------------------------------------------------------------------------
                                                              Percent of
                     Material/processes                       applicants
------------------------------------------------------------------------
Ferrous Materials..........................................          6.6
Nonferrous Materials.......................................           53
Glass/plastic/paper........................................           14
Other Materials............................................          1.7
Material Processing Equipment..............................           43
------------------------------------------------------------------------

    There are at least four types of activities that are common to most 
scrap and waste recycling facilities, they include: scrap waste 
material stockpiling, material processing, segregating processed 
materials into uniform grades, and collecting nonrecyclable materials 
for disposal. This fact sheet outlines pollutants of concern associated 
with each of these types of activities. Other operations of concern, 
including vehicle and equipment maintenance, are also discussed in this 
fact sheet.
    (1) Pollutants Associated With Material Stockpiling. During 
material stockpiling, including unloading and loading areas, the 
potential exists for some types of inbound recyclable materials to 
deposit residual fluids on the ground. Used automotive engines, 
radiators, brake fluid reservoirs, transmission housings, and lead-acid 
from batteries may contain residual fluids that, if not properly 
managed, can eventually come in contact with storm water runoff. For 
example, sampling data from two group applications indicated the 
presence of oil and grease in 103 individual grab samples. In response 
to other Federal and State environmental regulations, such as the 
Resource Conservation and Recovery Act (RCRA), many scrap recycling and 
waste recycling facilities have instituted inspection and supplier 
education programs to minimize or eliminate the amount of inbound 
recyclable materials containing fluids and other potentially hazardous 
materials prior to their acceptance. Part XI.N.3.a.(3)(a)(i) of today's 
permit imposes conditions that will make an inbound recyclable 
materials inspection program part of the pollution prevention plan.
    Another concern of outdoor stockpiling, including unloading and 
loading areas, is associated with deterioration of materials. Metal 
surfaces that are stockpiled for extended periods may be subject to 
corrosion. Corrosion is the deterioration of metal surfaces that 
typically results in the loss of metal to a solution, i.e., water. The 
following metals are referred to as the 

[[Page 50954]]
galvanic (or electromotive) series and have a tendency to corrode and 
become soluble in water; magnesium, aluminum, cadmium, zinc, steel or 
iron, cast iron, chromium, tin, lead, nickel, soft and silver solder, 
copper, stainless steel, silver, gold, platinum, brass and bronze. For 
some metals, the extent and rate of corrosion is dependent on whether 
it occurs in an oxygen-starved or oxygen-abundant atmosphere.
    Corrosion of stockpiled materials at scrap recycling facilities is 
a potential source of pollutants given that metals such as copper, 
lead, nickel, zinc, chromium and cadmium were frequently detected in 
sampling data. In addition, the majority of these metals are associated 
with recyclable materials handled by the scrap recycling industry. Part 
XI.N.3.a.(3) of today's permit identifies BMP options to address these 
sources.
    Another significant material of concern is the acceptance and 
temporary storage of scrap lead acid batteries from automotive vehicles 
and equipment. If a battery casing becomes cracked or damaged, special 
precautions are necessary to ensure that the contents do not come in 
contact with storm water runoff. This includes battery terminals with 
visible corrosion. In all cases, used batteries shall be handled and 
stored in such a manner as to prevent exposure to either precipitation 
or runoff. Part XI.N.3.a.(3) addresses conditions for these sources.
    The following table presents a list of typical materials that may 
be received and processed at a scrap and waste recycling facility and 
which may be potential pollutant sources if they are not managed 
properly.

  Table N-2.--Significant Materials Potentially Exposed to Storm Water  
           Runoff at Scrap and Waste Recycling Facilities \1\           
------------------------------------------------------------------------
 Significant materials      Potential sources      Pollutants of concern
------------------------------------------------------------------------
White goods              Leaking oil-filled       PCBs, oil, lubricants,
 (appliances).            capacitors, ballasts,    paint pigments or    
                          leaking compressors,     additives such as    
                          pumps, leaking           lead, and other heavy
                          pressure vessels,        metals.              
                          reservoirs, sealed                            
                          electrical components                         
                          and chipped or                                
                          deteriorated painted                          
                          surfaces.                                     
Ferrous and nonferrous   Cutting oil residue,     Oil, heavy metals.    
 turnings and cuttings.   metallic fines.                               
Materials from           Deteriorated/damaged     Asbestos fibers, lead,
 demolition projects.     insulation, chipped      copper, zinc,        
                          painted surfaces,        cadmium, other       
                          lead, copper, and        metals, TKN.         
                          steel pipes.                                  
Electrical components,   Leaking oil-filled       PCBs, oils, mercury,  
 transformers, switch     transformer casings,     ionizing radioactive 
 gear, mercury float      oil-filled switch,       isotopes.            
 switches, sensors.       float switches,                               
                          radioactive materials                         
                          in gauges, sensors.                           
Fluorescent lights,      Leaking ballasts.......  PCBs, oil.            
 light fixtures.                                                        
Food/beverage            Leaking fluorescent      PCBs, oil, heavy      
 dispensing equipment.    light ballasts,          metals from paint    
                          chipped painted          pigments and         
                          surfaces.                additives.           
Hospital and dental      Drums/containers of      Infectious/bacterial  
 waste and equipment.     hospital waste,          contamination, lead, 
                          shielding from           ionizing radioactive 
                          diagnostic and other     isotopes.            
                          medical equipment,                            
                          radioactive materials                         
                          from gauges, sensors                          
                          and diagnostic                                
                          equipment.                                    
Instruments............  Radioactive material     Ionizing radioactive  
                          from thickness gages.    isotopes.            
Insulated wire.........  Insulation and other     Lead, zinc, copper.   
                          coatings, wire.                               
Lawnmowers,              Leaking engines,         Oils, transmission and
 snowmobiles,             transmissions, fuel,     brake fluids, fuel,  
 motorcycles.             oil reservoirs,leaking   grease, battery acid,
                          batteries.               lead acid.           
Light gage materials...  Deteriorating            Asbestos, lead,       
                          insulation, painted      chromium.            
                          surfaces and other                            
                          coatings.                                     
Locomotives, rail cars.  Leaking fuel             PCBs, diesel fuel,    
                          reservoirs, fittings,    hydraulic oil, oil,  
                          hydraulic components,    brake fluid, grease  
                          engines, bearings,       from fittings,       
                          compressors, oil         asbestos.            
                          reservoirs, worn brake                        
                          pads, damaged                                 
                          insulation.                                   
Motor vehicle bodies,    Leaking fuel tanks, oil  Fuel, benzene, oil,   
 engines,                 reservoirs,              hydraulic oil,       
 transmissions, exhaust   transmission housings,   transmission fluids, 
 systems.                 brake fluid reservoir    brake fluids,        
                          and lines, brake         ethylene glycol      
                          cylinders, shock         (antifreeze), lead,  
                          absorber casing,         lead acid, lead      
                          engine coolant, wheel    oxides, cadmium,     
                          weights, leaking         zinc, other heavy    
                          battery casings/         metals.              
                          housings and corroded                         
                          terminals, painted                            
                          surfaces and corrosion                        
                          inhibitors, exhaust                           
                          system, catalytic                             
                          converters.                                   
Miscellaneous machinery  Leaking reservoirs,      Fuel, oil, lubricants,
 and obsolete equipment.  damaged or chipped       lead, cadmium, zinc. 
                          painted surfaces/                             
                          coatings.                                     
Pipes/materials from     Chemical residue,        Chemical residue, oil,
 chemical and             insulation, lead         lubricants, damaged  
 industrial plants.       piping, chipped or       insulation           
                          damaged painted          (asbestos), lead,    
                          surfaces and             cadmium, zinc,       
                          protective coatings.     copper.              
Sealed containers,       Leaking liquid           Oil, PCBs, solvents,  
 hydraulic cylinders.     reservoirs,              chemical residue.    
                          containers, cylinders,                        
                          miscellaneous                                 
                          chemicals.                                    
Salvaged construction    Chemical residues,       Chemical residue, oily
 materials.               oils, solvents,          wastes, asbestos,    
                          lubricants, damaged      lead, cadmium, zinc. 
                          insulation, chipped                           
                          painted surfaces and                          
                          protective coatings.                          
Tanks, containers,       Leaking or damaged       Chemical residue, oily
 vessels, cans, drums.    containers.              wastes, petroleum    
                                                   products, heating    
                                                   oil.                 
Transformers (oil        Leaking transformer      PCBs, oil.            
 filled).                 housings.                                     
------------------------------------------------------------------------
\1\ Institute of Scrap Recycling Industries, Inc.'s ``Environmental     
  Operating Guidelines.'' (April 1992)                                  

 
[[Page 50955]]

    (2) Material Processing. The type of processes employed at a 
particular facility depends on the type of recyclable and waste 
material. Typical processes include: torch cutting, shredding, baling, 
briquetting, wire stripping and chopping, and compacting. Processes 
such as shredding and shearing reduce the bulk size of recyclable scrap 
and waste into a size that is more easily transportable and which 
allows separation into uniform grades based on manufacturer 
specifications. Processes such as shredding of automotive bodies 
include a means of segregating materials into their ferrous and 
nonferrous fractions.
    Process equipment at scrap recycling and waste recycling facilities 
are also potential sources of pollutants in storm water runoff. The 
sources of concern will be discussed separately. Scrap process 
equipment such as shearers are often actuated by a hydraulic system. 
Components such as hydraulic reservoirs, hydraulic pumps, motors, 
cylinders, control valves, accumulators, filters, and fittings are 
prone to leaking hydraulic fluid. Some hydraulic machinery also require 
frequent lubrication of cutting and wear surfaces. Storm water runoff 
exposure to hydraulic fluids and other lubricants is very likely unless 
adequate source control measures such as good housekeeping, preventive 
maintenance, diversion and/or containment are provided.
    Stationary process equipment also produce a substantial amount of 
residual particulate material that tends to accumulate on and around 
the equipment, particularly rotating machinery, moving parts, bearings, 
conveyors and at the output of the equipment, e.g., storage containers. 
Particulate material that accumulates can become a source of 
contamination if it comes in contact with both precipitation and storm 
water runoff. Other sources of residual particulate and waste material 
include air pollution equipment, material handling equipment and 
processing equipment. In the case of shredding equipment, there are 
typically three (3) separate material streams produced. Shredded 
material is ultimately separated into its ferrous and nonferrous 
fractions, and a third stream referred to as fluff. The fluff material 
consists of a heterogeneous mix of materials including, but not limited 
to, small metal fragments, plastics, rubber, wood and textiles. After 
the material exits the shredder (hammermill), it typically enters an 
air classification system that separates the lightweight fraction, 
e.g., particulates, from the more dense fraction. The ferrous metal 
fraction is then separated from the nonferrous fraction and fluff by 
the use of a magnetic separator (typically a belt- or drum-type 
magnetic separator). The separated material may be collected in a 
hopper or it may accumulate on the ground. If recyclable and 
nonrecyclable waste material is allowed to accumulate on the ground, a 
greater potential exists for this material to come in contact with 
either precipitation or storm water runoff.
    The scrap and recycling industry uses a diversity of processes to 
reclaim and recycle materials that can contribute pollutants to storm 
water runoff. The following table presents a list of typical scrap 
equipment operations which are potential pollutant sources.

  Table N-3.--Typical Process and Equipment Operations That Are Likely  
                         Sources of Pollutantsi                         
------------------------------------------------------------------------
        Activity            Potential sources      Pollutants of concern
------------------------------------------------------------------------
Air Pollution Equipment  Normal equipment         Hydraulic fluids,     
 (including               operations that          oils, fuels, grease  
 incinerators,            include the collection   and other lubricants,
 furnaces, wet            and disposal of filter   accumulated          
 scrubbers, filter        bag material and ash,    particulate matter,  
 houses, bag houses).     process wastewater       chemical additives,  
                          from scrubbers,          PCBs from oil-filled 
                          accumulation of          electrical equipment.
                          particulate matter                            
                          around leaking joint                          
                          connections,                                  
                          malfunctioning pumps                          
                          and motors, e.g.,                             
                          leaking gaskets, seals                        
                          or pipe connections,                          
                          leaking oil-filled                            
                          transformer casings.                          
Combustion Engines.....  Spills and/or leaks      Accumulated           
                          from fueling tanks,      particulate matter,  
                          spills/leaks from oil/   oil/lubricants, fuel 
                          hydraulic fuel           (gas/diesel), fuel   
                          reservoirs, faulty/      additives, antifreeze
                          leaking hose             (ethylene glycol),   
                          connections, worn        battery acid,        
                          gaskets, leaking         products of          
                          transmission             incomplete           
                          crankcases and brake     combustion.          
                          systems (if                                   
                          applicable), leaking                          
                          battery casings and/or                        
                          corroded terminals.                           
Material Handling        Normal operations        Hydraulic fluids,     
 Systems (forklifts,      including spills and     oils, fuels and fuel 
 cranes, conveyors).      leaks from fuel tanks,   additives, grease and
                          hydraulic and oil        other lubricants,    
                          reservoirs due to        accumulated          
                          malfunction parts,       particulate matter,  
                          e.g., worn gaskets and   chemical additives,  
                          parts, leaking hose      mercury, lead,       
                          connections, and         battery fluids.      
                          faulty seals. Damaged                         
                          or faulty electrical                          
                          switches (mercury                             
                          filled) Damaged or                            
                          leaking battery                               
                          casings, including                            
                          exposed corroded                              
                          battery terminals.                            
                          Damaged or worn                               
                          bearing housings.                             
Stationary Scrap         Normal equipment         Heavy metals, e.g.,   
 Processing Facilities    operations including     zinc, copper, lead,  
 (balers, briquetters,    leaks from hydraulic     cadmium, chromium,   
 shredders, shearers,     reservoirs, hose and     hydraulic fluids.    
 compactors, engine       fitting connections,                          
 block/cast iron          worn gaskets, spills                          
 breakers, wire           or leaks from fuel                            
 chopper, turnings        tanks, particulates/                          
 crusher).                residue from scrap                            
                          processing,                                   
                          malfunctioning pumps                          
                          and motors, e.g.,                             
                          leaking gaskets, seals                        
                          or pipe connections,                          
                          leaking oil-filled                            
                          transformer casings.                          
Hydraulic equipment and  Particulate/residue      Hydraulic fluids/oils,
 systems, balers/         from material            lubricants,          
 briquetter, shredders,   processing, spills and/  particulate matter   
 shearers, compactors,    or leaks from fueling    from combustion      
 engine block/cast iron   tanks, spills/leaks      engines, PCBs (oil-  
 breaker, wire chopper,   from oil/hydraulic       filled electrical    
 turnings crusher.        fuel reservoirs,         equipment            
                          faulty/leaking hose      components), heavy   
                          connections/fittings,    metals (nonferrous,  
                          leaking gaskets.         ferrous).            

[[Page 50956]]
                                                                        
Electrical Control       Oil leakage from         PCBs, mercury (float  
 Systems (transformers,   transformers, leakage    switches), ionizing  
 electrical switch        from mercury float       radioactive material 
 gear, motor starters).   switches, faulty         (fire/smoke detection
                          detection devices.       systems).            
Torch cutting..........  Residual/accumulated     Heavy metal fragments,
                          particulates.            fines.               
------------------------------------------------------------------------
i Institute of Scrap Recycling Industries, Inc.'s ``Environmental       
  Operating Guidelines.'' (April 1992)                                  


    (3) Segregation of Processed Materials into Uniform Grades. 
Processing, e.g., shearing, shredding, baling, etc., of recyclable 
materials is followed by its segregation into uniform grades to meet a 
particular manufacturer's specifications. If segregated recyclable 
material remains exposed to precipitation, the potential still exists 
for storm water contamination.
    (4) Disposal of Nonrecyclable Waste Materials. During recycling of 
scrap and waste materials, a significant fraction of nonrecyclable 
waste materials is generated and must be disposed of properly. The 
volume or quantity of material that remains nonrecyclable may be too 
large to allow covered storage prior to shipment. Consequently, 
nonrecyclable waste materials may be left exposed to both precipitation 
and runoff and, therefore, they are a likely source of storm water 
pollutants.
    (5) Other Operations of Concern. There are a number of activities 
of concern that frequently occur at scrap and waste recycling 
facilities including, heavy vehicle traffic over unstabilized areas, 
vehicle maintenance and fueling, and material handling operations. 
Operations associated with the receipt, handling, and processing of 
scrap and waste material frequently occur over areas that are not 
stabilized to prevent erosion. Unless specific measures or controls are 
provided to either prevent erosion or trap the sediment, this material 
will be carried away in storm water runoff and eventually exit the 
site. Suspended solids are of significant concern given the potential 
amount of unstabilized area and the significant amount of particulate 
matter that is often produced at these facilities. For example, many 
facilities use spray water for dust control on heavily traveled areas. 
Both organic and inorganic pollutants can become bound up or absorbed 
to suspended solids in runoff. For this reason, today's proposed permit 
identifies conditions to minimize the contribution of suspended solid 
loadings from these facilities.
    Some scrap and waste recycling facilities may also conduct vehicle 
maintenance onsite. Although vehicle maintenance frequently occurs 
indoors, there are specific activities which could contribute 
pollutants to storm water. This includes washdown of vehicle 
maintenance areas, leaks or spills of fuel, hydraulic fluids and oil 
and outdoor storage of lubricants, fluids, oils and oily rags. Fueling 
stations are also frequently located outdoors without any roof cover. 
Activities such as topping off fuel tanks, or overfilling storage tanks 
(without high-level alarms or automatic shut-offs) are also activities 
that can cause contamination of runoff. Vehicle washing can result in 
accumulated residue material being discharged to a storm sewer system.
    The following table highlights activities associated with vehicle 
maintenance and material handling that are potential sources of storm 
water contamination.

         Table N-4.--Other Potential Pollutant Source Activities        
------------------------------------------------------------------------
        Activity            Potential sources      Pollutants of concern
------------------------------------------------------------------------
Material Handling        Spills and/or leaks      Accumulated           
 Systems (forklifts,      from fueling tanks,      particulate matter   
 cranes, conveyors).      spills/leaks from oil/   (ferrous and         
                          hydraulic fuel           nonferrous metals,   
                          reservoirs, faulty/      plastics, rubber,    
                          leaking hose             other), oil/         
                          connections/fittings,    lubricants, PCBs     
                          leaking gaskets.         (electrical          
                                                   equipment), mercury  
                                                   (electrical          
                                                   controls), lead/     
                                                   battery acids.       
Vehicle Maintenance....  Parts cleaning, waste    Fuel (gas/diesel),    
                          disposal of rags, oil    fuel additives, oil/ 
                          filters, air filters,    lubricants, heavy    
                          batteries, hydraulic     metals, brake fluids,
                          fluids, transmission     transmission fluids, 
                          fluids, brake fluids,    chlorinated solvents,
                          coolants, lubricants,    arsenic.             
                          degreasers, spent                             
                          solvents.                                     
Fueling Stations.......  Spills and leaks during  Gas/diesel fuel, fuel 
                          fuel transfer, spills    additives, oil,      
                          due to ``topping off''   lubricants, heavy    
                          tanks, runoff from       metals.              
                          fueling areas,                                
                          washdown of fueling                           
                          areas, leaking storage                        
                          tanks, spills of oils,                        
                          brake fluids,                                 
                          transmission fluids,                          
                          engine coolants.                              
Vehicle and Equipment    Washing and steam        Solvent cleaners, oil/
 Cleaning and Washing.    cleaning.                lubricants/additives,
                                                   antifreeze (ethylene 
                                                   glycol).             
------------------------------------------------------------------------

    (6) Pollutants Found in Storm Water Discharges. Sampling data 
provided in part 2 of the group application process revealed that storm 
water discharges from scrap and waste recycling facilities contain 
pollutants such as heavy metals, Biochemical Oxygen Demand (BOD), 
Chemical Oxygen Demand (COD), TSS, nutrients and oil and grease. The 
following table summarizes the statistical analysis of sampling data 
provided in part 2 group applications. Table N-6 provides a comparison 
of a selected subset of these pollutants to benchmark concentrations.

                                                                        

[[Page 50957]]
  Table N-5.--Summary Statistics for Scrap and Waste Recycling Facilitiesi (SIC 5093) (Nonliquid Recyclable Waste Materials.) All units in mg/L unless  
                                                                     otherwise noted                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     No. of samples        Mean           Minimum          Maximum           Median            99th     
                                                   --------------------------------------------------------------------------------------   Percentile  
               PollutantSample type                                                                                                      ---------------
                                                     Grab    Compii    Grab    Comp     Grab    Comp     Grab    Comp     Grab     Comp    Grab    Comp 
--------------------------------------------------------------------------------------------------------------------------------------------------------
pH (std units)....................................     136      N/A      N/A     N/A     4.93     N/A     10.2     N/A       N/A     N/A    9.58     N/A
BOD5..............................................     131      120    23.49      24     0.00    0.00    330.0     360       9.0     9.0   330.0   330.0
COD...............................................     131      117   251.33     204     0.00    0.00   1588.0    2400     120.0   110.0    1323    1014
TSS...............................................     131      116   437.11     375     0.00    0.00     3894    6042     148.0    84.5    3100    4860
Nitrate + Nitrite N...............................     130      117     1.76     5.9     0.00    0.00     84.0   220.0      0.61    0.80      28   129.0
TKN...............................................     132      114     3.44     3.4     0.00    0.00     43.0    39.0      2.05    2.20      25    22.0
Oil and Grease....................................     136      N/A     8.95     N/A     0.00     N/A     85.0     N/A       5.0     N/A      69     N/A
Total P...........................................     133      114     0.81    0.77     0.00    0.00     36.0    29.0      0.29    0.28     4.7    10.0
Total Pb..........................................     103      100     0.85    0.84     0.00    0.00     8.70   13.00     0.205   0.215     4.9   11.00
Total Cd..........................................      75       73     0.02    0.02    0.000   0.000     0.10    0.65    0.0074   0.005   0.069     .65
Total Cu..........................................     102       99     0.77    0.60    0.000   0.000     12.0    8.20      0.26    0.22    5.98     8.2
Total Zn..........................................      97       94     3.16     3.2    0.028   0.000     22.0    38.0      1.50     1.4    22.0    38.0
Total Cr..........................................     103      100     0.08   0.122    0.000   0.000     2.10    2.60      0.03    0.02   0.547     2.3
Total Fe..........................................       5        5     25.4    9.80      0.8     0.0     74.0    20.0      10.0    14.0    72.7    19.8
Total Ni..........................................      94       93    0.202    0.21    0.001   0.000     5.80    7.30      0.05   0.040     5.8     7.3
Arsenic...........................................       9        8    0.038   0.019     0.00    0.00    0.170    0.90     0.005   0.005   0.170   0.090
Total Al..........................................       5        3     4.86   3.327      .68     .68     10.0     7.6       4.0    1.70    10.0     7.6
PCB-1016..........................................      27       26    0.001   0.051    0.001   0.001    0.010    1.30     0.001   0.001   0.010     1.3
PCB-1221..........................................      26       24    0.001   0.001    0.001   0.000    0.010   0.001     0.001   0.001   0.010   0.001
PCB-1232..........................................      28       26    0.001   0.001    0.001   0.000    0.010   0.001     0.001   0.001   0.010   0.001
PCB-1242..........................................      27       26    0.001   0.047    0.000   0.000    0.010    1.30     0.001   0.001   0.010     1.3
PCB-1248..........................................      26       24    0.003   0.005    0.000   0.000    0.025   0.078     0.001   0.001   0.025   0.078
PCB-1254..........................................      28       26    0.001   0.001    0.000   0.000    0.010   0.006     0.001   0.001   0.010   0.006
PCB-1260..........................................      28       26    0.002   0.049    0.001   0.000    0.011    1.30     0.001   0.001   0.011    1.3 
--------------------------------------------------------------------------------------------------------------------------------------------------------
i Applicants that did not report the units of measurement for the reported values were not included in these statistics.                                
ii Composite samples.                                                                                                                                   



       Table N-6.--Comparison Sampling Data for Selected Parameters Versus Benchmark Concentrations (mg/L)      
----------------------------------------------------------------------------------------------------------------
                                                       Mean             Maximum           Median                
              PollutantSample type              ------------------------------------------------------ Benchmark
                                                   Grab     Comp     Grab     Comp     Grab     Comp            
----------------------------------------------------------------------------------------------------------------
COD............................................      251      204     1588     2400      120      110       120 
TSS............................................      437      375     3894     6042      148     84.5       100 
Total Pb.......................................     0.85     0.84     8.70    13.00    0.205    0.215    0.0816 
Total Cu.......................................     0.77     0.60     12.0     8.20     0.26     0.22    0.0636 
Total Fe.......................................     25.4     9.80    74.00    20.00    10.00    14.00       1.0 
Total Al.......................................     4.86    3.327     10.0      7.6      4.0     1.70     0.075 
Total Zn.......................................      N/A      3.2     22.0     38.0      1.5      1.4     0.065 
----------------------------------------------------------------------------------------------------------------

    b. Waste Recycling Facilities (SIC 5093)--(Liquid Recyclable 
Wastes). This subsection applies to those facilities engaged in the 
reclaiming and recycling of liquid wastes such as ``spent solvents,'' 
``used oil,'' and ``used ethylene glycol'' typically identified under 
SIC 5093. This subsection is particularly applicable to those 
facilities that participated in EPA group application number 195. EPA 
received a single group application in this category of waste recycling 
facilities. The following is a profile of industrial activities and the 
types of significant materials associated with facilities participating 
in this group activity.
    Group application number 195 included 220 facilities of which 214 
were classified as service centers. Service centers accumulate spent 
solvent, used oil and antifreeze, filter cartridges and still bottoms 
contaminated with dry cleaning solvents (typically perchloroethylene), 
and used lacquer thinner from paint gun cleaning machines. The typical 
service center has individual containers with storage capacity of up to 
10,000 gallons each, and tanks with storage capacity of up to 20,000 
gallons each. Service centers are typically limited to a maximum of 6 
tanks (a total of 120,000 gallons). Twenty (20) of the service centers 
also function as accumulation centers where they have a maximum storage 
capacity of 70,000 gallons of liquid materials in containers. None of 
the containers are opened except under conditions where a container 
begins to leak or is damaged.
    The group application also included four (4) facilities that 
operated only as container transfer stations and do not operate storage 
tanks. These facilities are largely enclosed warehouses that provide 
secondarily contained storage areas. Three (3) facilities were 
identified as used oil depots where only oily water and/or used oil are 
accumulated in storage tanks. Storage tanks are limited to a maximum 
capacity of 20,000 gallons each. Used oil is transported to the 
facility in tanker trucks (3,500 gallons) and shipped out in tanker 
trucks (7,500 gallons). The used oil is ultimately transported to a 
processing or re-refining facility (not covered under this section). 
The following table summarizes the percentage of facilities with 
significant materials stored.

                                                                                                                

[[Page 50958]]
  Table N-7. Significant Materials Reported in Group Application Number 
                                   195                                  
------------------------------------------------------------------------
                                                            Percent of  
                  Significant materials                     facilities  
------------------------------------------------------------------------
Mineral Spirits.........................................             98 
Immersion Cleaner.......................................             98 
Dry Cleaner Solvents....................................             98 
Paint Solvents..........................................             83 
Industrial Solvents.....................................             81 
Spent Antifreeze........................................             59 
Used Oil................................................             57 
Allied Products.........................................             98 
------------------------------------------------------------------------



    The types of materials identified in Table N-7 are potential 
sources of storm water runoff contamination. Since these materials are 
stored and transported in individual drums and bulk storage tanks, the 
potential exists for spills and/or leaks during all phases of waste 
transport, waste transfer, container/drum handling and shipping.
    There are a number of operations at these facilities that have 
significant potential to release pollutants to the environment if 
recyclable waste materials are not managed properly. Potential sources 
of pollutants are discussed in Part XI.N.3.a.(2) of today's permit. 
However, in response to other Federal and State environmental 
regulations, such as RCRA and 40 CFR Part 112 (Oil Pollution 
Prevention), facilities in this group application currently employ a 
range of the BMPs and structural controls that also benefit storm water 
quality. Typical measures and controls for controlling pollutants for 
facilities in this subsection are presented in Part XI.N.3.a.(3)(b).
    (1) Waste Material Handling and Storage. Given the nature and type 
of materials stored and handled at these facilities, the potential 
exists for accidental spills and leaks. Consequently, the types of 
activities that occur at these facilities which could potentially 
result in contamination of storm water runoff is also of concern to 
EPA. The following table is a list of activities which may result in a 
release of pollutants.

   Table N-8. Types of Potential Pollutant-Causing Activities at Waste  
        Recycling Facilities That Handle Liquid Recyclable Wastes       
------------------------------------------------------------------------
                           Potential sources of                         
        Activity                pollutants         Pollutants of concern
------------------------------------------------------------------------
Drum/Individual          Leaks or spills due to   Mineral spirits,      
 Container Storage and    faulty container/drum    industrial solvents, 
 Handling.                integrity, e.g.,         immersion cleaners,  
                          leaking seals or         dry cleaner solvents,
                          ports. Container         paint solvents, spent
                          materials incompatible   antifreeze.          
                          with waste material.                          
                          Improper stacking and                         
                          storage of containers.                        
Return and Fill          Leaks, spills, or        Mineral spirits,      
 Stations.                overflows from tanker    industrial solvents, 
                          truck transfer of        immersion cleaners,  
                          wastes and hose          dry cleaner solvents,
                          drainage. Leaking        paint solvents, spent
                          pipes, valves, pumps,    antifreeze.          
                          worn or deteriorated                          
                          gaskets or seals.                             
Individual Container/    Leaks or spills due to   Mineral spirits,      
 Drum Storage Improper    faulty container/drum    industrial solvents, 
 Stacking and Storage     integrity, e.g.,         immersion cleaners,  
 of Containers.           leaking seals or ports.  dry cleaner solvents,
                                                   paint solvents, spent
                                                   antifreeze.          
Storage Tank Operations  Overfill of storage      Mineral spirits,      
                          tanks, leaking pipes,    industrial solvents, 
                          valves, worn or          immersion cleaners,  
                          deteriorated pumps       dry cleaner solvents,
                          seals. Leaking           paint solvents, spent
                          underground storage      antifreeze.          
                          tanks.                                        
Material Handling        Leaking fuel lines,      Fuel, hydraulic fluid,
 Equipment.               worn gaskets, leaking    oil and grease.      
                          hydraulic lines and                           
                          connections.                                  
------------------------------------------------------------------------

    (2). Other Activities of Concern. The following table highlights 
other types of activities that are potential sources of storm water 
contamination.

     Table N-9. Other Potential Sources of Storm Water Contamination    
------------------------------------------------------------------------
                           Potential sources of                         
        Activity                pollutants         Pollutants of concern
------------------------------------------------------------------------
Vehicle and Equipment    Replacement of fluids    Oil and grease, fuel, 
 Maintenance (if          such as transmission     accumulated          
 applicable).             and brake fluids,        particulate matter,  
                          antifreeze, oil and      antifreeze.          
                          other lubricants,                             
                          washdown of                                   
                          maintenance areas,                            
                          dumping fluids down                           
                          floor drains connected                        
                          to storm sewer system,                        
                          outside storage of                            
                          fluids and oily rags                          
                          and waste material.                           
Vehicle or Equipment     Wash water or steam      Oil, detergents,      
 Washing (if              cleaning.                chlorinated solvents,
 applicable).                                      suspended solids and 
                                                   accumulated          
                                                   particulate matter.  
------------------------------------------------------------------------

    (3). Pollutants Found in Storm Water Discharges. Based on data 
provided in group application sampling information, pollutants that 
were most frequently reported included TSS, BOD, COD, nitrite plus 
nitrate, oil and grease. The following table provides a statistical 
summary of data.

   Table N-10. Summary Statistics for Waste Recycling Facilitiesi (SIC 5093)--(Recyclable Liquid Wastes). All   
                                                 values in mg/L                                                 
----------------------------------------------------------------------------------------------------------------
                   # of Samples        Mean             Min             Max           Median           99th     
   Parameter    ---------------------------------------------------------------------------------   percentile  
  Sample type                                                                                    ---------------
                  Grab    Compii   Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp 
----------------------------------------------------------------------------------------------------------------
BOD 5..........      22       17      18       9       2       2      94      48       5       5      79      38

[[Page 50959]]
                                                                                                                
COD............      22       17     133      83      12       5     660     400      45      45     449     320
TSS............      21       16      51      28       5       5     500      84      28      20      68      59
Nitrite +                                                                                                       
 Nitrate.......      22       17    0.90    0.78    0.05    0.05    3.70    3.50    0.61    0.38    3.45    3.29
TKN............      22       17     3.1     2.0     1.0     1.0    11.0     6.0     1.5     1.0     9.9     5.7
Oil and Grease.      22      N/A     1.8     N/A     1.0     N/A     5.0     N/A     1.5     N/A     4.0    N/A 
----------------------------------------------------------------------------------------------------------------
i Applicants that did not report the units of measurement for the reported values were not included in these    
  statistics.                                                                                                   
ii Composite samples.                                                                                           


    c. Recycling Facilities. This particular group of recycling 
facilities is distinguished from scrap recycling facilities and waste 
recycling facilities that accept a mixed wastestream of non-recyclable 
and recyclable wastes. Facilities included in this sub-sector would 
include only those facilities that receive source-separated, recyclable 
materials primarily from non-industrial and residential sources. This 
includes source-separated material recovery facilities (MRF). EPA Group 
Applications 274, 647, 826, and 1145 included significant numbers of 
facilities that would fall within this sub-sector. The recyclable 
materials in this sub-sector can be characterized as common consumer 
products such as paper, newspaper, cardboard, plastic containers, glass 
bottles, aluminum and tin cans. These facilities commonly accept a mix 
of recyclable materials and reject non-recyclable materials at the 
source.
    (1) Pollutant-Causing Activities Associated with Recycling 
Facilities. There are basically four areas associated with these 
facilities that are potential sources of pollutants, they include: (1) 
Inbound recyclable materials; (2) outdoor material storage; (3) indoor 
storage and material processing; and (4) vehicle maintenance. The 
potential exists that recycling facilities may unknowingly accept 
nonrecyclable materials and/or small quantities of household hazardous 
wastes (HHW). If these materials are not handled, stored or disposed of 
properly, they could become potential pollutant sources. Recycling 
facilities are already aware of this issue and have commonly instituted 
practices to minimize accepting such materials. These practices include 
public education brochures, training of curbside pick-up drivers, and 
rejecting non-recyclable materials at the source.
    Outdoor material storage is another issue of concern given the 
practice of storing degradable, recyclable products outdoors such as 
bales of wastepaper and various types of recyclable containers 
containing residual fluids, e.g., beverage containers. Wastepaper 
exposed to weather will deteriorate and can be a source of oxygen-
demanding substances. For example, biochemical oxygen demand (BOD) 
concentrations as high as 152 mg/l were measured at facilities that 
store wastepaper outdoors. Similarly, recycling facilities that stored 
unprocessed aluminum beverage containers outdoors can be a contaminant 
source of oxygen-demanding substances. BOD concentrations as high as 
460 mg/l were measured at recycling facilities that store unprocessed 
recyclable containers outdoors.
    The third area of concern is indoor processing and storage. EPA is 
primarily concerned with the potential for illicit connections or 
improper dumping to floor drains that discharge to a storm sewer 
system. Another potential source of contamination is the practice of 
washing down tipping floor areas and allowing the washwater to drain to 
the storm sewer system. EPA believes that these issues can be readily 
addressed by disconnecting floor drains to the storm sewer, good 
housekeeping practices and providing routine employee training. The 
practice of allowing tipping floor washwaters to discharge to a storm 
sewer system is prohibited under this permit.
    The last area of concern is vehicle maintenance. Onsite vehicle 
maintenance was infrequently reported in group permit applications. 
Although vehicle maintenance frequently occurs indoors, the following 
specific activities could contribute pollutants to storm water: 
washdown of vehicle maintenance areas, leaks or spills of fuel, 
hydraulic fluids, lubricants, and other fluids, and exposed oils and 
oily rags. Fueling areas may lack roof cover, consequently, topping off 
fuel tanks or overfilling storage tanks (without high-level alarms) 
could contribute to contamination of surface runoff. Vehicle washing 
can result in accumulated residue material being discharged to a storm 
sewer system. The following tables identify significant materials that 
are exposed to precipitation or runoff based on information from two 
group applications (274 and 647).

Table N-11.--Significant Materials Reported in Group Application No. 274
------------------------------------------------------------------------
                                Percent of         Pollutant-causing    
   Significant materials       facilitiesi            activities        
------------------------------------------------------------------------
Paper Stock................               43  Outdoor exposure could    
                                               result in deterioration  
                                               of paper.                
Wood Pallets...............               83  Residual materials on     
                                               pallets.                 
Recyclable Waste Paper in                 83  Outdoor exposure could    
 Bales.                                        result in deterioration  
                                               of paper.                
Recyclables Plastic, Glass,               30  Residual fluids from      
 and Aluminum.                                 containers.              
Gasoline/Diesel Fuel                      28  Leaks or spills.          
 (outside pumps).                              Overtopping during       
                                               fueling.                 
------------------------------------------------------------------------
i Column totals greater than 100% because many facilities have one or   
  more of these significant materials exposed.                          


                                                                        

[[Page 50960]]
Table N-12.--Significant Materials Reported in Group Application No. 826
------------------------------------------------------------------------
                                Percent of                              
   Significant materials       facilitiesi    Pollutant-causing activity
------------------------------------------------------------------------
Wood Pallets...............               64  Residual materials on     
                                               pallets.                 
Waste Paper................               27  Outdoor exposure could    
                                               result in deterioration  
                                               of paper.                
Recyclable Waste Paper in                 41  Outdoor exposure could    
 Bales.                                        result in deterioration  
                                               of paper.                
Gasoline/Diesel Fuel                      55  Leaks or spills.          
 (outside pumps).                              Overtopping during       
                                               fueling.                 
Lubricating Fluids.........               14  Leaks or spills.          
------------------------------------------------------------------------
i Column totals greater than 100% because many facilities have one or   
  more of these significant materials exposed.                          


    EPA has established special pollution prevention plan requirements 
for recycling facilities that receive only source-separated recyclable 
materials. Specific requirements are discussed in Part XI.N.3.a.(3)(c) 
of the permit.
(2) Pollutants Found in Storm Water Discharges.
    Based on data provided in group applications 274, 647, 826, and 
1145, pollutants that were most frequently reported included TSS, BOD, 
COD, nitrite plus nitrate, TKN, total phosphorus, oil and grease, and 
total aluminum (group 1145 only). The table N-13 provides a statistical 
summary of data.

   Table N-13.--Summary Statistics for Selected Recycling Facilitiesi (SIC 5093) (Group Applications 247, 647, 826, and 1145) All units in mg/L unless  
                                                                     otherwise noted                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        # of                   Mean              Minimum            Maximum             Median          95th percentile 
                                      Samples          -------------------------------------------------------------------------------------------------
       Pollutant, Sample type        ---------  Compii                                                                                                  
                                        Grab              Grab      Comp      Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp  
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................  .......  .......     31        22           0        0    460       220        31        22        78        75   
COD.................................  .......  .......    179       118           0        0   1200       940        73        43      1005       441   
TSS.................................  .......  .......    495       383           0        0   7440      4860        73        40      1731      2754   
Nitrate + Nitrite N.................  .......  .......      0.60      0.76        0        0     13        69         0.41      0.37      1.61      1.33
TKN.................................  .......  .......      1.48      1.78        0        0      6.90     16.85      1.01      0.79      6.12      7.30
Oil and Grease......................  .......  .......      9.4       0.7         0        0     69.0      13.0       3.0       0.0      32.4       4.9 
Total P.............................  .......  .......      0.22      0.19        0        0      7.60      2.20      0.22      0.19      2.17      1.14
Total Aliii.........................  .......  .......      5.51      1.55        0        0     44.0       5.40      1.20      0.90     26.00      4.80 
--------------------------------------------------------------------------------------------------------------------------------------------------------
i Applicants that did not report the units of measurement for the reported values were not included in these statistics.                                
ii Composite samples.                                                                                                                                   
iii Values reported for Group Application No. 1145.                                                                                                     

3. Options for Controlling Pollutants
    a. Scrap and Waste Recycling Facilities (SIC 5093) (Nonliquid 
recyclable waste materials). This section addresses source control 
measures, BMPs and structural controls that are specifically applicable 
to the scrap recycling facilities (SIC 5093) and waste recycling 
facilities (SIC 5093) and which are engaged in the reclaiming and 
recycling of solid materials such as ferrous and nonferrous metals, 
plastics, paper, glass and cardboard and automotive parts.
    The BMPs described in this subsection are specifically applicable 
to scrap recycling and waste recycling facilities. Scrap recycling and 
waste recycling facilities applying for coverage under Part XI.N. of 
today's permit shall employ a broad and comprehensive range of BMPs and 
source control measures to minimize and/or eliminate the diversity of 
pollutants associated with scrap processing operations. In instances 
where facilities conduct certain operations indoors or under cover, a 
determination will be made by the owner/operator of the facility as to 
the applicability of these BMPs and source control measures to these 
particular activities.
    The following table summarizes alternative source control measures, 
nonstructural BMPs (BMPs), and structural controls that are associated 
with and applicable to scrap and waste processing facilities (SIC 5093) 
(nonliquid recyclable materials).

      Table N-14.-- Summary of Alternative BMP Options for Scrap and Waste Recycling Processing Facilities      
----------------------------------------------------------------------------------------------------------------
                       Activity                                             BMP alternatives                    
----------------------------------------------------------------------------------------------------------------
Inbound Recyclable and Waste Material Control........  Establish program to encourage suppliers of scrap, waste 
                                                        and other salvageable materials to drain residual fluids
                                                        prior to arrival at the facility.                       
                                                       Establish acceptance program for handling, storage and   
                                                        disposal of lead-acid batteries.                        
                                                       Establish procedures for rejecting or handling, storing  
                                                        and disposal of hazardous wastes and other nonhazardous 
                                                        residual fluids.                                        
                                                       Establish procedures to properly handle industrial       
                                                        turnings and cuttings and prohibiting cutting oils and  
                                                        metallic fines from coming in contact with runoff.      
                                                       Identify inspector training requirements.                
Outside Scrap Material Storage: (liquids)............  Conduct inspections for fluids, e.g., oils, transmission 
                                                        fluids, antifreeze, brake fluid, and fuels. Establish   
                                                        handling/ storage/disposal procedures for these         
                                                        materials.                                              

[[Page 50961]]
                                                                                                                
                                                       Drain and collect liquids in a designated area. Provide  
                                                        covered storage or impervious areas with curbing/berms  
                                                        or other appropriate containment. Stored liquid         
                                                        materials in covered areas or impervious areas with     
                                                        curbing/berms or other appropriate measure.             
                                                       Establish spill prevention procedures.                   
                                                       Provide adequate supply of materials for dry clean up of 
                                                        spills or leaks.                                        
                                                       Prevent runoff into liquid storage areas. Store liquid   
                                                        wastes in materially compatible containers. Minimize/   
                                                        eliminate the accumulation of liquid wastes.            
                                                       Establish procedures if hazardous wastes are discovered  
                                                        after material accepted.                                
                                                       Conduct periodic inspections of storage areas.           
                                                       Conduct preventative maintenance of BMPs as necessary.   
Outside Scrap Material Storage: (bulk solid            Minimize runoff from coming into areas where significant 
 materials).                                            materials are stored, e.g., diversion structures such as
                                                        curbing, berms, containment trenches, surface grading,  
                                                        and elevated concrete pads or other equivalent measure. 
                                                       Use adsorbents to collect leaking or spills of oil, fuel,
                                                        transmission and brake fluids, e.g., dry absorbent, drip
                                                        pans.                                                   
                                                       Install media filters such as catch basin filters and    
                                                        sand filters.                                           
                                                       Install oil/water separator in storage areas with vehicle
                                                        transmissions and engines. Locate spill plans under     
                                                        stored vehicles.                                        
                                                       Provide nonrecyclable waste storage bins and containers. 
                                                       Conduct periodic inspections.                            
                                                       Conduct preventative maintenance as necessary.           
                                                       Provide equipment operator training to minimize damage to
                                                        controls, e.g., curbing and berms.                      
Storage Other: (lightweight materials)...............  Identify/provide supplier training or information        
                                                        bulletins on requirements for acceptance of lightweight 
                                                        materials.                                              
                                                       Encourage supplier participation in program to minimize/ 
                                                        eliminate, as practicable, volume of semisolid and      
                                                        liquid residues in recyclable materials, e.g., residual 
                                                        fluids in aluminum and plastic containers.              
                                                       Provide covered storage, container bins or equivalent for
                                                        lighter-weight materials such as glass, plastics,       
                                                        aluminum cans, paper, cardboard.                        
                                                       Minimize/eliminate residue from bottles, containers, etc.
                                                        from coming in contact with runoff. Establish dry clean 
                                                        up methods.                                             
                                                       Establish procedures and employee training for the       
                                                        handling, storage and disposal of residual fluids from  
                                                        small containers.                                       
                                                       Prohibit washdown of tipping floor areas.                
                                                       Provide good housekeeping to eliminate particulate and   
                                                        residual materials buildup. Establish cleaning schedule 
                                                        for high traffic areas.                                 
                                                       Provide covered disposal containers or equivalent for    
                                                        residual waste materials.                               
                                                       Eliminate floor drains discharging to storm sewer.       
Scrap Processing Operations:.........................  Provide training to equipment operators on how to        
                                                        minimize exposure of runoff to scrap processing areas.  
                                                       Schedule frequent cleaning of accumulated fluids and     
                                                        particulate residue around all scrap processing         
                                                        equipment.                                              
                                                       Schedule frequent inspections of equipment for spills or 
                                                        leakage of fluids, oil, fuel, hydraulic fluids.         
                                                       Conduct routine preventive maintenance of equipment per  
                                                        original manufacturer's equipment (OME) recommendations.
                                                        Replace worn or malfunctioning parts.                   
                                                       Site process equipment on elevated concrete pads or      
                                                        provide runoff diversion structures around process      
                                                        equipment, berms, containment trenches or surface       
                                                        grading or other equivalent measure. Discharge runoff   
                                                        from within bermed areas to a sump, oil/water separator,
                                                        media filter or discharge to sanitary sewer.            
                                                       Conduct periodic maintenance and clean out of all sumps, 
                                                        oil/water separators, media filters. Dispose of residual
                                                        waste materials properly, e.g., according to RCRA.      
                                                       Provide curbing, dikes, and berms around scrap processing
                                                        equipment to prevent contact with runoff.               
                                                       Where practicable, locate process equipment e.g., balers,
                                                        briquetters, small compactors, under an appropriate     
                                                        cover.                                                  
                                                       Provide cover over hydraulic equipment and combustion    
                                                        engines. Provide dry-clean up materials, e.g., dry-     
                                                        adsorbents, drip pans, absorbent booms, etc. to prevent 
                                                        contact of hydraulic fluids, oils, fuels, etc., with    
                                                        storm water runoff.                                     
                                                       Provide alarm, pump shutoff, or sufficient containment   
                                                        for hydraulic reservoirs in the event of a line break.  
                                                       Stabilize high traffic areas, e.g., concrete pads,       
                                                        gravel, pavement, around processing equipment, where    
                                                        practicable.                                            
                                                       Provide site gages or overfill protection devices for all
                                                        liquid and fuel storage reservoirs and tanks.           
                                                       Establish spill prevention and response procedures,      
                                                        including employee training.                            
                                                       Provide containment bins or equivalent for shredded      
                                                        material, especially lightweight materials such as fluff
                                                        (preferably at the discharge of these materials from the
                                                        air classification system).                             
Supplies for Process Equipment.......................  Locate storage drums containing liquids, including oils  
                                                        and lubricants indoors. Alternatively, site palletized  
                                                        drums and containers on an impervious surface and       
                                                        provide sufficient containment around the materials.    
                                                        Provide sumps, oil/water separators, if necessary.      

[[Page 50962]]
                                                                                                                
                                                       Conduct periodic inspections of containment areas and    
                                                        containers/drums for corrosion.                         
                                                       Perform preventive maintenance of BMPs, as necessary.    
                                                       Instruct employees on proper material handling and       
                                                        storage procedures.                                     
Scrap lead acid battery Program......................  Establish inspection and acceptance procedures for scrap 
                                                        lead-acid batteries.                                    
                                                       Provide supplier training on acceptance practices for    
                                                        scrap batteries.                                        
                                                       Provide employee training on the safe handling, storage  
                                                        and disposition of scrap batteries.                     
                                                       Separate all scrap batteries from other scrap materials. 
                                                       Store scrap batteries under cover or equivalent.         
                                                       Establish procedures for the storage, handling,          
                                                        disposition of cracked or broken batteries in accordance
                                                        with applicable Federal regulations, e.g., RCRA.        
                                                       Establish procedures to collect and dispose of leaking   
                                                        battery acid according to Federal regulations, e.g.,    
                                                        RCRA.                                                   
                                                       Provide covered storage or equivalent to prevent exposure
                                                        to either precipitation or runoff.                      
Vehicle and Equipment Maintenance....................  Establish an inventory of materials used in the          
                                                        maintenance shop that could become a potential pollutant
                                                        source with storm water runoff, e.g., fuels, solvents,  
                                                        oils, lubricants.                                       
                                                       Store and dispose of oily rags, filters (oil and air),   
                                                        batteries, engine coolant, transmission fluid, use oil, 
                                                        brake fluid, and solvents in a manner that minimizes    
                                                        potential contact with runoff and in compliance with    
                                                        State and Federal regulations.                          
                                                       Label and track recycling of waste materials, e.g.,      
                                                        batteries, solvent, used oil.                           
                                                       Drain oil filters before disposal or recycling.          
                                                       Drain all fluids from all parts or components that will  
                                                        become scrap material or secondhand parts.              
                                                       Store liquid waste materials in compatible containers.   
                                                       Store and dispose used batteries in accordance with scrap
                                                        lead acid battery program.                              
                                                       Disconnect all floor drains connected to storm sewer     
                                                        system.                                                 
                                                       Prohibit non-storm water discharges, e.g., dumping of    
                                                        used liquids down floor drains and washdown of          
                                                        maintenance areas.                                      
                                                       Provide employee training on appropriate storage and     
                                                        disposal of waste materials.                            
                                                       Provide good housekeeping measures.                      
                                                       Conduct inspections of work areas for compliance with    
                                                        BMPs.                                                   
Fueling..............................................  Use spill and overflow protection devices.               
                                                       Provide high level alarm on fuel storage tanks.          
                                                       Minimize/eliminate runoff onto fueling areas.            
                                                       Reduce exposure of fueling areas to precipitation by     
                                                        covering the fueling area.                              
                                                       Provide dry adsorbents to clean up fuel spills.          
                                                       Conduct periodic inspections of fueling areas.           
                                                       Instruct personnel on proper fueling procedures.         
                                                       Provide curbing or posts around fuel pumps to prevent    
                                                        collisions during vehicle ingress and egress.           
Vehicle and Equipment Washing........................  Avoid washing vehicles and equipment outdoors.           
                                                       Use biodegradable, phosphate free detergents.            
                                                       Recycle wash water.                                      
                                                       Provide vehicle wash rack with dedicated sediment trap.  
                                                       Use autoshut-off valves on washing equipment.            
Outdoor vehicle parking and storage..................  Use drip pans under all equipment and vehicles waiting   
                                                        maintenance.                                            
                                                       Cover vehicle and equipment storage areas.               
                                                       Conduct inspections of storage and parking areas for     
                                                        leaks and filled drip pans.                             
                                                       Provide employee training.                               
Vehicle and Equipment Painting (where applicable)....  Keep paint and solvents away from traffic areas.         
                                                       Conduct sanding and painting in nonexposed areas, e.g.,  
                                                        under cover, in accordance with OSHA standards.         
                                                       Cleanup accumulated particulate matter.                  
                                                       Minimize overspraying parts.                             
                                                       Dispose or recycle paint, solvents and thinner properly. 
                                                       Provide training to employees.                           
                                                       Conduct periodic inspections of paint spraying areas.    
Erosion and Sediment Control.........................  Minimize runon from adjacent properties, e.g., diversion 
                                                        dikes, berms, or equivalent.                            
                                                       Trap sediment at downgradient locations and outlets      
                                                        serving unstabilized areas. This may include filter     
                                                        fabric fences, gravel outlet protection, sediment traps,
                                                        vegetated or riprap swales, vegetated strips, diversion 
                                                        structures, catch-basin filters, retention/detention    
                                                        basins or equivalent.                                   
                                                       Runoff containing oil and grease may include the use of  
                                                        absorbent booms or sand filters in front of outlet      
                                                        structures or other equivalent measures.                
                                                       Stabilize all high traffic areas, including all vehicle  
                                                        entrances and exit points.                              
                                                       Conduct periodic sweeping of all traffic areas.          
                                                       Conduct inspections of BMPs.                             
                                                       Perform preventative maintenance as needed on BMPs.      
                                                       Provide employee training on the proper installation and 
                                                        maintenance of erosion and sediment controls.           
----------------------------------------------------------------------------------------------------------------



[[Page 50963]]


    b. Waste Recycling Facilities (SIC 5093)--(recyclable liquid 
wastes). This section addresses source control measures, BMPs, and 
structural controls that are specifically applicable to waste recycling 
facilities (SIC 5093) which are engaged in such activities as 
reclaiming and recycling of liquid wastes such as spent solvents, used 
oil, and used antifreeze (ethylene glycol). Waste recycling facilities 
applying for coverage under Part XI.N. of today's proposed permit will 
be required to employ a comprehensive range of BMPs and source control 
measures to minimize contact of pollutants with storm water runoff and 
precipitation. In instances where facilities conduct certain operations 
indoors or under cover, a determination will be made by the owner/
operator of the facility as to the applicability of these BMPs and 
source control measures to their particular facility. The following 
table summarizes the percent breakdown of BMPs that were reported by 
applicants participating in group application number 195.

 Table N-15.--Types of BMPs Reported in EPA Group Application Number 195
------------------------------------------------------------------------
                                                            Percent of  
                           BMP                              facilities  
------------------------------------------------------------------------
Secondary Containment (includes tanks, piping, and                      
 return/fill stations)..................................              70
Containment Trench (includes closed loop containment                    
 trenches with sumps, sloped floors, and/or berms)......              91
Roof (includes canvass tent roofs and enclosed                          
 structures)............................................               7
Contingency Plan (serves as Spill Prevention and                        
 Countermeasures Control Plan)..........................             100
Prevention and Preparedness Plan (includes inspection                   
 information and general housekeeping procedures).......             100
------------------------------------------------------------------------

    The following table summarizes types of BMPs, and structural 
control options that are applicable to liquid waste recycling 
facilities.

                Table N-16.--Types of BMP Options Applicable to Liquid Waste Recycling Facilities               
----------------------------------------------------------------------------------------------------------------
                       Activity                                             BMP alternatives                    
----------------------------------------------------------------------------------------------------------------
Individual Drum/Container Storage....................  Ensure container/drums are in good condition. Store waste
                                                        materials in materially compatible drums. Use containers
                                                        that meet National Fire Protection Association (NFPA)   
                                                        guidelines.                                             
                                                       Put individual containers on pallets. Limit stack height 
                                                        of individual containers/drums. Provide straps, plastic 
                                                        wrap, or equivalent around stacked containers to        
                                                        provided stability.                                     
                                                       Label/mark drums. Segregate hazardous and flammable      
                                                        wastes. Comply with NFPA guidelines for segregation of  
                                                        flammable wastes.                                       
                                                       Provide adequate clearance to allow material movement and
                                                        access by material handling equipment.                  
                                                       Provide semipermanent or permanent cover over wastes.    
                                                       Provide adequate clearance between stored materials to   
                                                        allow movement and handling.                            
                                                       Establish clean up procedures, including the use of dry  
                                                        adsorbents, in the event of spills or leaks.            
                                                       Prohibit washing down of material storage areas.         
                                                        Disconnect or seal all floor drains from storm sewer    
                                                        system.                                                 
                                                       Develop spill prevention, countermeasures and control    
                                                        (SPCC) procedures for all liquid container storage      
                                                        areas. Ensure employees are familiar with SPCC          
                                                        procedures. Schedule/conduct periodic employee training.
                                                       Provide secondary containment, dikes, berms, containment 
                                                        trench, sumps, or other equivalent measure, in all      
                                                        storage areas.                                          
Bulk Liquid Storage..................................  Use welded pipe connections versus flange connections.   
                                                        Inspect all flange gaskets for deterioration.           
                                                       Apply corrosion inhibitors to exposed metal surfaces.    
                                                       Provide high level alarms for storage tanks.             
                                                       Provide redundant piping, valves, pumps, motors, as      
                                                        necessary, at all pumping stations. Provide manually    
                                                        activated shutoff valves in the event of spill. Install 
                                                        visible and/or audible alarms in the event of a spill.  
                                                       Install manually activated drainage values, or           
                                                        equivalent, versus flapper-type drain values. Provide   
                                                        adequate security against vandalism and tampering.      
                                                       Provide secondary containment around all bulk storage    
                                                        tanks, including berms, dikes, surface impoundments or  
                                                        equivalent. Ensure surfaces of secondary containment    
                                                        areas are adequately sealed to prevent leaks.           
                                                       Provide stationary boxes around all return and fill      
                                                        stations to eliminate/minimize hose drainage and minor  
                                                        waste transfer spills.                                  
Waste Transfer Areas.................................  Provide secondary containment or equivalent measures     
                                                        around all liquid waste transfer facilities.            
                                                       Provide cover over liquid waste transfer areas.          
                                                       Establish clean up procedures for minor spills including 
                                                        the use of dry adsorbents.                              
Inspections..........................................  Conduct inspections of all material storage, handling and
                                                        transfer areas.                                         
                                                       Document signs of corrosion, worn parts or components on 
                                                        pumps and motors, leaking seals and gaskets.            
                                                       Conduct periodic nondestructive testing (NDT) of all bulk
                                                        storage tanks for signs of deteriorating structural     
                                                        integrity.                                              
Preventive Maintenance...............................  Conduct periodic preventive maintenance of all structural
                                                        controls, replace worn parts on components on valves,   
                                                        pumps, motors per manufacturer's recommendations.       
Vehicle Maintenance (if applicable)..................  Establish an inventory of materials used in the          
                                                        maintenance shop that could become a potential pollutant
                                                        source with storm water runoff, e.g., fuels, solvents,  
                                                        oils, lubricants.                                       

[[Page 50964]]
                                                                                                                
                                                       Store and dispose of oily rags, filters (oil and air),   
                                                        batteries, engine coolant, transmission fluid, use oil, 
                                                        brake fluid, and solvents in a manner that minimizes    
                                                        potential contact with runoff and in compliance with    
                                                        State and Federal regulations.                          
                                                       Label and track recycling of waste materials, e.g.,      
                                                        batteries, solvent, used oil.                           
                                                       Drain oil filters before disposal or recycling.          
                                                       Drain all fluids from all parts or components that will  
                                                        become scrap material or secondhand parts.              
                                                       Store liquid waste materials in compatible containers.   
                                                       Store and dispose used batteries in accordance with scrap
                                                        lead acid battery program.                              
                                                       Disconnect all floor drains connected to storm sewer     
                                                        system.                                                 
                                                       Prohibit non-storm water discharges, e.g., dumping of    
                                                        used liquids down floor drains and washdown of          
                                                        maintenance areas.                                      
                                                       Provide employee training on appropriate storage and     
                                                        disposal of waste materials.                            
                                                       Provide good housekeeping measures.                      
                                                       Conduct inspections of work areas for compliance with    
                                                        BMPs.                                                   
Vehicle Cleaning (if applicable).....................  Avoid washing vehicles and equipment outdoors.           
                                                       Use biodegradable, phosphate free detergents.            
                                                       Recycle wash water.                                      
                                                       Provide vehicle wash rack with dedicated sediment trap.  
                                                       Use autoshut-off valves on washing equipment.            
Training.............................................  Provide employee training on proper material handling and
                                                        storage procedures. Require familiarization with        
                                                        applicable SPCC measures.                               
----------------------------------------------------------------------------------------------------------------



    c. Recycling Facilities (SIC 5093). This section addresses best 
management practices that have been employed by one or more facilities 
within group applications 274, 647, 826, and 1145. The following table 
provides examples of BMPs used by the recycling facilities within this 
sub-section:

                      Table N-17.--Types of BMP Options Applicable to Recycling Facilities                      
----------------------------------------------------------------------------------------------------------------
                       Activity                                       BMP options and alternatives              
----------------------------------------------------------------------------------------------------------------
Inbound Recyclable Materials Control.................  Provide public education brochures on acceptable         
                                                        recyclable materials.                                   
                                                       Educate curbside pick-up drivers on acceptable materials.
                                                        Reject unacceptable materials at the source.            
                                                       Employee training.                                       
                                                       Provide totally-enclosed drop-off containers for public. 
Indoor Storage.......................................  Store equivalent of the average daily volume of          
                                                        recyclable materials indoors.                           
                                                       Provide good housekeeping.                               
                                                       Disconnect all floor drains from storm sewer system.     
                                                       Prohibit illicit discharges and illegal dumping to floor 
                                                        drains that are connected to the storm sewer.           
                                                       Direct tipping floor washwaters to sanitary sewer system 
                                                        if permitted by local sanitary authority.               
Recyclable Material Processing.......................  Conduct processing operations indoors. Clean up residual 
                                                        fluids.                                                 
                                                       Conduct routine preventive maintenance on all processing 
                                                        equipment.                                              
                                                       Schedule frequent good housekeeping to minimize          
                                                        particulate and residual materials buildup.             
Outdoor Storage......................................  Store only processed materials, i.e., baled plastic and  
                                                        aluminum and glass cullet.                              
                                                       Provide containment pits with sumps pumps that discharge 
                                                        to sanitary sewer system. Prevent discharge of residual 
                                                        fluids to storm sewer.                                  
                                                       Provide dikes and curbs around bales of waste paper.     
                                                       Use tarpaulins or covers over bales of wastepaper.       
                                                       Conduct regularly scheduled sweeping of storage areas to 
                                                        minimize particulate buildup.                           
Residual Non-recyclable Materials....................  Store residual non-recyclable materials in covered       
                                                        containers for transport to a proper disposal facility. 
                                                       Bale residual non-recyclable materials and cover with    
                                                        tarpaulin or equivalent.                                
Vehicle Maintenance..................................  Avoid washing equipment and vehicles outdoors.           
                                                       Eliminate outdoor maintenance areas.                     
Fueling..............................................  Establish spill prevention and clean-up procedures.      
                                                       Provide dry-absorbent materials or equivalent.           
                                                       Provide employee training, i.e., avoid topping off fuel  
                                                        tanks.                                                  
                                                       Divert runoff from fueling areas.                        
Lubricant Storage....................................  Eliminate or minimize outside storage.                   
                                                       Provide employee training on proper, handling, storage.  
                                                       Divert runoff from storage areas.                        
----------------------------------------------------------------------------------------------------------------

4. Discharges Covered under this Section
    The requirements listed under this section are applicable to storm 
water discharges from facilities typically identified in SIC 5093 
(except for battery reclaimers and auto salvage yards). This includes 
facilities that are engaged in the processing, reclaiming and wholesale 
distribution of scrap and waste materials such as ferrous and 
nonferrous metals, paper, plastic, 

[[Page 50965]]
cardboard, glass. For purposes of this permit, the term waste recycling 
facility applies to those facilities within SIC 5093 that receive a 
mixed wastestream of recyclable and non-recyclable wastes. Facilities 
that are engaged in reclaiming and recycling liquid wastes such as used 
oil, antifreeze, mineral spirits and industrial solvents and which are 
classified SIC 5093 are also covered under this section. The term 
recycling facility is used in this permit to those facilities that only 
receive source-separated recyclable materials primarily from non-
industrial and residential sources, e.g., common consumer products 
including paper, newspaper, glass, cardboard, plastic containers, 
aluminum and tin cans.
5. Special Conditions
    The following section identifies special conditions that are 
applicable to permittees applying for coverage under Part XI.N. of 
today's permit.
    a. Prohibition of Non-storm Water Discharges. This section requires 
scrap and waste recycling facilities that are typically classified in 
SIC 5093 to certify that certain non-storm water discharges are not 
occurring at their facilities. A list of non-storm water discharges 
that are not authorized by this section has been identified. These 
discharges are prohibited due to the likelihood these discharges will 
contain substantial pollutant concentrations. The following non-storm 
water discharges are not authorized by this section: waste discharges 
to floor drains or sinks connected to the facilities storm sewer or 
storm drainage system; water originating from vehicle and equipment 
washing; steam cleaning wastewater; process wastewaters; washwater 
originating from cleaning tipping floor areas or material receiving 
areas that discharge to any portion of a storm sewer system; wastewater 
from wet scrubbers; boiler blowdown; noncontact and contact cooling 
water; discharges originating from dust control spray water; discharges 
from oil/water separators and sumps in the absence of a storm event; 
discharges originating from the cleaning out of oil/water separators or 
sumps; and non-storm water discharges from turnings containment areas.
    The operators of non-storm water discharges must seek coverage for 
these discharges under a separate National Pollutant Discharge 
Elimination System (NPDES) permit if discharging to either a municipal 
separate storm sewer system or to waters of the United States. If such 
a permit has been issued, the plan shall identify the NPDES permit 
number and a copy of the NPDES permit shall be located at the facility 
and shall be readily accessible. If a permit application has been 
submitted for a non-storm water discharge, the plan shall be annotated 
accordingly and a copy of the application shall be located at the 
facility and shall be readily accessible.
    For facilities that have prohibited discharges identified under 
this section and which discharge to a sanitary sewer system, the 
facility operator is required to take the appropriate notification 
actions as may be required by the operator of the sanitary sewer 
system. Any relevant documentation, i.e., notification letters and 
approvals, shall be kept with the plan. For facilities that have been 
issued an industrial user permit under the pretreatment program for 
discharges prohibited under this section, the plan shall identify the 
appropriate NPDES permit number and a copy of the permit shall be kept 
at the facility and shall be readily accessible. EPA strongly 
recommends that operators keep copies of relevant documentation 
concerning non-storm water discharges and NPDES permits with the plan.
6. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan. In addition to the supplemental 
information requirements identified in Part VI.C., scrap and waste 
recycling facilities in SIC 5093 are required to provide the additional 
information applicable to their industrial sector. The storm water 
pollution prevention plan is broken out into three subcategories; scrap 
recycling and waste recycling facilities (nonliquid materials); waste 
recycling facilities (liquid materials); and recycling facilities.
    (1) Description of Potential Pollutant Sources
    (a) Scrap Recycling and Waste Recycling Facilities (nonliquid 
recyclable wastes)--This section establishes that scrap recycling and 
waste recycling facilities shall provide the following information in 
their pollution prevention plan.
    (i) Inbound Recyclable and Waste Material Control Program--The plan 
shall include a recyclable and waste material inspection program to 
minimize the likelihood of receiving non-recyclable materials (e.g., 
hazardous materials) that may be significant pollutant sources to storm 
water discharges. At a minimum, the plan shall address the following:
    Information/education measures to encourage major suppliers of 
scrap and recyclable waste materials to drain residual fluids, whenever 
applicable, prior to its arrival at the facility. This includes 
vehicles and equipment engines, radiators, and transmissions, oil-
filled transformers, white goods (appliances) and individual containers 
or drums;
    Activities which accept scrap and materials that may contain 
residual fluids, e.g., automotive engines containing used oil, 
transmission fluids, etc., shall describe procedures to minimize the 
potential for these fluids from coming in contact with either 
precipitation or runoff. The description shall also identify measures 
or procedures to properly store, handle, dispose and/or recycle these 
residual fluids;
    Procedures pertaining to the acceptance of scrap lead-acid 
batteries. Additional requirements for the handling, storage and 
disposal or recycling of batteries shall be in conformance with 
conditions for a scrap lead-acid battery program, see below;
    A description of training requirements for those personnel engaged 
in the inspection and acceptance of inbound recyclable materials; and
    Liquid wastes, including used oil, shall be stored in materially 
compatible and nonleaking containers and disposed or recycled in 
accordance with all requirements under the Resource Recovery and 
Conservation Act (RCRA), and other State or local requirements.
    (ii) Scrap and Waste Material Stockpiles (outdoors)--The plan shall 
address areas where significant materials are exposed to either storm 
water runoff or precipitation. The plan must describe those measures 
and controls used to minimize contact of storm water runoff with 
stockpiled materials. The plan should include measures to minimize the 
extent of storm water contamination from these areas. The operator 
shall consider (within the plan) the use of the following BMPs (either 
individually or in combination) or their equivalent to minimize contact 
with storm water runoff:
    Diversion devices or structures such as dikes, berms, containment 
trenches, culverts and/or surface grading;
    Media filtration such as catch basin filters and sand filters;
    Silt fencing; and,
    Oil/water separators, sumps and dry adsorbents in stockpile areas 
that are potential sources of residual fluids, e.g., automotive engine 
storage areas.
    The operator may consider the use of permanent or semipermanent 
covers, or other similar forms of protection over stockpiled materials 
where the operator determines that such measures are reasonable and 
appropriate. 

[[Page 50966]]

    The operator may consider the use of sediment traps, vegetated 
swales and/or vegetated strips to facilitate settling or filtering out 
of pollutants and sediment.
    (iii) Stockpiling of Turnings Previously Exposed to Cutting Fluids 
(outdoors)--The plan shall address all areas where stockpiling of 
industrial turnings (previously exposed to cutting fluids) occurs. The 
plan shall implement those measures necessary to minimize contact of 
surface runoff with residual cutting fluids. The operator shall 
consider implementation of either of the following two alternatives or 
a combination of both or equivalent measures:
    Alternative 1: Storage of all turnings previously exposed to 
cutting fluids under some form of permanent or semi-permanent cover. 
Discharges of residual fluids from these areas to the storm sewer 
system in the absence of a storm event is prohibited. Discharges to the 
storm sewer system as a consequence of a storm event is permitted 
provided the discharge is first directed through an oil/water separator 
or its equivalent. Procedures to collect, handle, and dispose or 
recycle residual fluids that may be present shall be identified in the 
plan.
    Alternative 2: Establish dedicated containment areas for all 
turnings that have been exposed to cutting fluids where runoff from 
these areas is directed to a storm sewer system, providing the 
following:
    Containment areas constructed of either concrete, asphalt or other 
equivalent type of impermeable material;
    A perimeter around containment areas to prevent runoff from moving 
across these areas. This would include the use of shallow berms, 
curbing, or constructing an elevated pad or other equivalent measure;
    A suitable drainage collection system to collect all runoff 
generated from within containment areas. At a minimum, the drainage 
system shall include a plate-type oil/water separator or its 
equivalent. The oil/water separator or its equivalent shall be 
installed according to the manufacturer's recommended specifications, 
whenever available, specifications will be kept with the plan;
    A schedule to maintain the oil/water separator (or its equivalent) 
to prevent the accumulation of appreciable amounts of fluids. In the 
absence of a storm event, no discharge from containment areas to the 
storm sewer system are permitted unless the discharge is covered by a 
separate NPDES permit; and
    Identify procedures for the proper disposal or recycling of 
collected residual fluids.
    (iv) Scrap and Waste Material Stockpiles (covered or indoors)--The 
plan shall address, at a minimum, measures and controls to minimize 
and, whenever feasible, eliminate residual liquids and particulate 
matter from materials stored indoors from coming in contact with 
surface runoff. The operator shall consider including in their plan: 
good housekeeping measures to collect residual liquids from aluminum, 
glass and plastic containers and prohibiting the practice of allowing 
washwater from tipping floors or other indoor processing areas from 
discharging to a storm sewer system, inspections to ensure that 
material stockpile areas with existing floor drains are not connected 
to the storm sewer system or any portion of the storm sewer system, and 
the disconnection of any floor drains to the storm drainage system.
    (v) Scrap and Recyclable Waste Processing Areas--The plan shall 
address areas where scrap and recyclable waste processing equipment are 
sited. This includes measures and controls to minimize surface runoff 
from coming in contact with scrap processing equipment. In the case of 
processing equipment that generate visible amounts of particulate 
residue, e.g., shredding facilities, the plan shall describe good 
housekeeping and preventive maintenance measures to minimize contact of 
runoff with residual fluids and accumulated particulate matter. At a 
minimum, the operator shall consider including the following:
    A schedule of periodic inspections of equipment for leaks, spills, 
malfunctioning, worn or corroded parts or equipment; preventive 
maintenance program to repair and/or maintain processing equipment; 
measures to minimize shredder fluff from coming in contact with surface 
runoff; use of dry-absorbents or other cleanup practices to collect and 
to dispose or recycle spilled or leaking fluids; and installation of 
low-level alarms or other equivalent protection devices on unattended 
hydraulic reservoirs over 150 gallons in capacity. Alternatively, 
provide secondary containment with sufficient volume to contain the 
entire volume of the reservoir.
    The operator shall consider using the following types of BMPs:
    (a) Diversion structures such as dikes, berms, culverts, 
containment trenches, elevated concrete pads, grading to minimize 
contact of storm water runoff with outdoor processing equipment;
    (b) Oil/water separators or sumps in processing areas that are 
potential sources of residual fluids and grease;
    (c) Permanent or semipermanent covers, or other similar measures;
    (d) Retention and detention basins or ponds, sediment traps or 
vegetated swales and strips, to facilitate settling or filtering out of 
pollutants in runoff from processing areas; or
    (e) Media filtration such as catch basin filters and sand filters.
    (vi) Scrap Lead-acid Battery Program--The plan shall address 
measures and controls for the proper receipt, handling, storage and 
disposition of scrap lead-acid batteries (battery reclaiming is not 
eligible for coverage under this permit). The operator shall consider 
including: procedures for accepting scrap batteries and describing how 
they will be segregated from other scrap materials; procedures for 
managing battery casings that may be cracked or leaking, including the 
proper handling and disposal of residual fluids; measures to minimize 
and, whenever possible, eliminate exposure of scrap batteries to either 
runoff or precipitation; the schedule for conducting periodic 
inspections of scrap battery storage areas and applicable source 
control measures; and measures to provide employee training on the 
management of scrap batteries.
    (vii) Erosion and Sediment Control--The plan shall identify all 
areas associated with industrial activity that have a high potential 
for soil erosion and suspended solids loadings, i.e., areas that tend 
to accumulate significant particulate matter. Appropriate source 
control, stabilization measures, nonstructural, structural controls, or 
an equivalent shall be provided in these areas. The plan shall also 
contain a narrative discussion of the reason(s) for selected erosion 
and sediment controls. At a minimum, the operator shall consider in the 
plan, either individually or in combination, the following erosion and 
sediment control measures:
    Filtering or diversion practices, such as filter fabric, sediment 
filter boom, earthen or gravel berms, curbing or other equivalent 
measure;
    Catch basin filters, filter fabric, or equivalent measure, placed 
in or around inlets or catch basins that receive runoff from scrap and 
waste storage areas, and processing equipment; and
    Sediment traps, vegetative buffer strips, or equivalent, that 
effectively trap or remove sediment prior to discharge through an inlet 
or catch basin.
    In instances where significant erosion and suspended solids 
loadings continue after implementation of source control 

[[Page 50967]]
measures and nonstructural controls, the operator shall consider 
providing in the plan for a detention or retention basin or other 
equivalent structural control. All structural controls shall be 
designed using good engineering practice. All structural controls and 
outlets that are likely to receive discharges containing oil and grease 
must include appropriate measures to minimize the discharge of oil and 
grease through the outlet. This may include the use of an absorbent 
boom or other equivalent measure.
    Where space limitations (e.g., obstructions caused by permanent 
structures such as buildings and permanently-sited processing equipment 
and limitations caused by a restrictive property boundary) prevent the 
siting of a structural control, i.e., retention basin, such a 
determination will be noted in the plan. The operator will identify in 
the plan what existing practices shall be modified or additional 
measures shall be undertaken to minimize erosion and suspended sediment 
loadings in lieu of a structural BMP.
    (viii) Spill Prevention and Response Procedures--To prevent or 
minimize storm water contamination at loading and unloading areas, and 
from equipment or container failures, the operator shall consider 
including in the plan the following practices:
    Description of spill prevention and response measures to address 
areas that are potential sources of leaks or spills of fluids;
    All significant leaks and spills should be contained and cleaned up 
as soon as possible. If malfunctioning equipment is responsible for the 
spill or leak, repairs should also be conducted as soon as possible;
    Cleanup procedures should be identified in the plan, including the 
use of dry absorbent materials or other cleanup methods. Where dry 
absorbent cleanup methods are used, an adequate supply of dry absorbent 
material should be maintained onsite. Used absorbent material should be 
disposed of properly;
    Drums containing liquids, including oil and lubricants, should be 
stored indoors; or in a bermed area; or in overpack containers or spill 
pallets; or in similar containment devices;
    Overfill prevention devices should be installed on all fuel pumps 
or tanks;
    Drip pans or equivalent measures should be placed under any leaking 
piece of stationary equipment until the leak is repaired. The drip pans 
should be inspected for leaks and checked for potential overflow, and 
be emptied regularly to prevent overflow and all liquids will be 
disposed of in accordance with all requirements under RCRA; and
    An alarm and/or pump shut off system should be installed and 
maintained on all outside equipment with hydraulic reservoirs exceeding 
150 gallons (only those reservoirs not directly visible by the operator 
of the equipment) in order to prevent draining the tank contents in the 
event of a line break. Alternatively, the equipment may have a 
secondary containment system capable of containing the contents of the 
hydraulic reservoir plus adequate freeboard for precipitation. Leaking 
hydraulic fluids should be disposed of in accordance with all 
requirements under RCRA.
    (ix) Quarterly Inspections--A quarterly inspection shall include 
all designated areas of the facility and equipment identified in the 
plan. The inspection shall include a means of tracking and conducting 
follow up actions based on the results of the inspection. The 
inspections shall be conducted by members of the Storm Water Pollution 
Prevention team. At a minimum, quarterly inspections shall include the 
following areas:
    All outdoor scrap processing areas;
    All material unloading and loading areas (including rail sidings) 
that are exposed to either precipitation or storm water runoff;
    Areas where structural BMPs have been installed;
    All erosion and sediment BMPs;
    Outdoor vehicle and equipment maintenance areas;
    Vehicle and equipment fueling areas; and
    All areas where waste is generated, received, stored, treated, or 
disposed and which are exposed to either precipitation or storm water 
runoff.
    If exposed to precipitation or storm water runoff, the inspection 
shall attempt to identify any corroded or leaking containers, corroded 
or leaking pipes, leaking or improperly closed valves and valve 
fittings, leaking pumps and/or hose connections, and deterioration in 
diversionary or containment structures. Spills or leaks shall be 
immediately addressed according to the facilities. A record of 
inspections shall be maintained with the plan.
    The BMPs identified above have been employed by scrap recycling and 
waste recycling facilities are believed to be appropriate given the 
types of pollutants found in storm water discharges from these 
facilities. In addition, the diversity of options allows permittees to 
select those BMPs that are most applicable to the extent of the risk 
that exists at a particular facility. In instances where nonstructural 
measures are not sufficient, the conditions direct the permittee to 
more stringent requirements such as structural controls.
    (b) Waste Recycling Facilities (Recyclable liquid wastes)--This 
section establishes that waste recycling facilities (recyclable liquid 
wastes) shall provide the following information.
    (i) Waste Material Storage (indoors)--The operator shall consider 
including in the plan measures and controls to minimize residual 
liquids from waste materials stored indoors from coming in contact with 
surface runoff and provisions to maintain a sufficient supply of dry-
absorbent materials or a wet vacuum system or other equivalent measure 
to promptly respond to minor leaks or spills. Measures for secondary 
containment or its equivalent and procedures for proper material 
handling (including labeling and marking) and storage of containerized 
materials should be considered. Drainage from bermed areas should be 
discharged to an appropriate treatment facility or sanitary sewer 
system. Discharges from bermed areas should be covered by a separate 
NPDES permit or industrial user permit under the pretreatment program. 
The drainage system, where applicable, should include appropriate 
appurtenances such as pumps or ejectors and manually-operated valves of 
the open-and-close design.
    (ii) Waste Material Storage (outdoors)--The plan will address areas 
where waste materials are exposed to either storm water runoff or 
precipitation. The plan must include measures to provide appropriate 
containment, drainage control and/or other appropriate diversionary 
structures. The plan must describe those measures and controls used to 
minimize contact of storm water runoff with stored materials. The 
operator shall consider including in the plan the following 
preventative measures or an equivalent:
    An appropriate containment structure such as dikes, berms, curbing 
or pits, or other equivalent measure. The containment should be 
sufficient to store the volume of the largest single tank and should 
include sufficient freeboard for precipitation;
    A sufficient supply of dry-absorbent materials or a wet vacuum 
system to collect liquids from minor spills and leaks in contained 
areas; and
    Discharges of precipitation from containment areas containing used 
oil shall be in accordance with applicable sections of 40 CFR Part 112.
    (iii) Truck and Rail Car Waste Transfer Areas--The plan will 
describe 

[[Page 50968]]
measures and controls for truck and rail car loading and unloading 
areas. This includes appropriate containment and diversionary 
structures to minimize contact with precipitation and/or storm water 
runoff. The plan will also address measures to clean up minor spills 
and/or leaks originating from the transfer of liquid wastes. This may 
include dry-clean up methods, roof coverings, and other runoff 
controls.
    (iv) Erosion and Sediment Control--The plan shall identify all 
areas associated with industrial activity that have a high potential 
for soil erosion. Appropriate stabilization measures, nonstructural and 
structural controls shall be provided in these areas. The plan shall 
contain a narrative consideration of the appropriateness for selected 
erosion and sediment controls. Where applicable, the facility shall 
consider the use of the following types of preventive measures: 
sediment traps; vegetative buffer strips; filter fabric fence; sediment 
filtering boom; gravel outlet protection; or other equivalent measures 
that effectively trap or remove sediment prior to discharge through an 
inlet or catch basin.
    (v) Spill Prevention and Response Procedures--The plan will address 
measures and procedures to address potential spill scenarios that could 
occur at the facility. This includes all applicable handling and 
storage procedures, containment, diversion controls and clean-up 
procedures. The plan will specifically address all outdoor and indoor 
storage areas, waste transfer areas, material receiving areas (loading 
and unloading), and waste disposal areas.
    (vi) Quarterly Inspections--Quarterly visual inspections shall be 
conducted by a member, or members, of the storm water pollution 
prevention team. The quarterly inspection shall include all designated 
areas of the facility and equipment identified in the plan. The 
inspection shall include a means of tracking and conducting follow up 
actions based on the results of the inspection. At a minimum, the 
inspections shall include the following areas:
    Material storage areas;
    Material unloading and loading areas (including rail sidings) that 
are exposed to either precipitation or storm water runoff;
    Areas where structural BMPs have been installed;
    All erosion and sediment BMPs;
    Outdoor vehicle and equipment maintenance areas (if applicable);
    Vehicle and equipment fueling areas (if applicable); and
    All areas where waste is generated, received, stored, treated, or 
disposed and which are exposed to either precipitation or storm water 
runoff.
    If exposed to precipitation or storm water runoff, the inspection 
shall identify the presence of any corroded or leaking containers, 
corroded or leaking pipes, leaking or improperly closed valves and 
valve fittings, leaking pumps and/or hose connections, and 
deterioration in diversionary or containment structures. Spills or 
leaks shall be immediately addressed according to the facility's spill 
prevention and response procedures.
    (c) Recycling Facilities.--This section establishes that recycling 
facilities (including MRFs) that receive only source-separated 
recyclable materials primarily from non-industrial and residential 
sources shall provide the following information in their pollution 
prevention plan.
    (i) Inbound Recyclable Material Control Program. The plan shall 
include a recyclable material inspection program to minimize the 
likelihood of receiving non-recyclable materials (e.g., hazardous 
materials) that may be significant source of pollutants in surface 
runoff. At a minimum, the operator shall consider addressing in the 
plan the following:
    A description of information and education measures to educate the 
appropriate suppliers of recyclable materials on the types of 
recyclable materials that are acceptable and those that are not 
acceptable, e.g., household hazardous wastes;
    A description of training requirements for drivers responsible for 
pickup of recyclable materials;
    Clearly mark public drop-off containers as to what materials can be 
accepted;
    Rejecting non-recyclable wastes or household hazardous wastes at 
the source; and
    A description of procedures for the handling and disposal of 
nonrecyclable materials.
    (ii) Outdoor Storage. The plan shall include BMPs to minimize or 
reduce the exposure of recyclable materials to surface runoff and 
precipitation. The plan, at a minimum, shall include good housekeeping 
measures to prevent the accumulation of visible quantities of residual 
particulate matter and fluids, particularly in high traffic areas. The 
plan shall consider tarpaulins or their equivalent to be used to cover 
exposed bales of recyclable waste paper. The operator shall consider 
within the plan the use of the following types of BMPs (individually or 
in combination) or their equivalent:
    Provide totally-enclosed drop-off containers for public.
    Provide a sump and sump pump with each containment pit. Prevent the 
discharge of residual fluids to storm sewer system. Prevent discharging 
to the storm sewer system;
    Provide dikes and curbs around bales of recyclable waste paper;
    Divert surface runoff away from outside material storage areas;
    Provide covers over containment bins, dumpsters, roll-off boxes; 
and,
    Store the equivalent one day's volume of recyclable materials 
indoors.
    (iii) Indoor Storage and Material Processing. The plan shall 
address BMPs to minimize the release of pollutants from indoor storage 
and processing areas to the storm sewer system. The plan shall 
establish specific measures to ensure that all floor drains do not 
discharge to the storm sewer system. The following BMPs shall be 
considered for inclusion in the plan:
    Schedule routine good housekeeping measures for all storage and 
processing areas;
    Prohibit the practice of allowing tipping floor washwaters from 
draining to any portion of a storm sewer system;
    Provide employee training on pollution prevention practices;
    (iv) Vehicle and Equipment Maintenance. The plan shall also provide 
for BMPs in those areas where vehicle and equipment maintenance is 
occurring outdoors. At a minimum, the following BMPs shall be 
considered for inclusion in the plan:
    Prohibit vehicle and equipment washwater from discharging to the 
storm sewer system;
    Minimize or eliminate outdoor maintenance areas, wherever possible;
    Establish spill prevention and clean-up procedures in fueling 
areas;
    Provide employee training on avoiding topping off fuel tanks;
    Divert runoff from fueling areas;
    Store lubricants and hydraulic fluids indoors;
    Provide employee training on proper, handling, storage of hydraulic 
fluids and lubricants.
Monitoring and Reporting Requirements
    Analytical Monitoring Requirements. EPA believes that scrap 
recycling and waste recycling facilities (nonsource-separated 
facilities only) may reduce the level of pollutants in storm water 
runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. In order to provide a tool 
for evaluating the effectiveness of the pollution prevention 

[[Page 50969]]
plan and to characterize the discharge for potential environmental 
impacts, the permit requires scrap recycling and waste recycling 
facilities to collect and analyze samples of their storm water 
discharges for the pollutants listed in Table N-18. The pollutants 
listed in Table N-18 were found to be above benchmark levels for a 
significant portion of scrap and waste recycling facilities that 
submitted quantitative data in the group application process, or are 
believed to be present based upon the description of industrial 
activities and significant materials exposed. Because these pollutants 
have been reported above benchmark levels , EPA is requiring monitoring 
after the pollution prevention plan has been implemented to assess the 
effectiveness of the pollution prevention plan and to help ensure that 
a reduction of pollutants is realized.
    At a minimum, storm water discharges from scrap recycling and waste 
recycling facilities must be monitored quarterly during the second year 
of permit coverage. Samples must be collected at least once in each of 
the following periods: January through March; April through June; July 
through September; and October through December. At the end of the 
second year of permit coverage, a facility must calculate the average 
concentration for each parameter listed in Table N-18. If the permittee 
collects more than four samples in this period, then they must 
calculate an average concentration for each pollutant of concern for 
all samples analyzed.

              Table N-18.--Industry Monitoring Requirements             
------------------------------------------------------------------------
            Pollutants of concern \1\              Cut-off concentration
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)....................  120 mg/L              
Total Suspended Solids (TSS)....................  100 mg/L              
Total Recoverable Aluminum......................  0.75 mg/L             
Total Recoverable Copper........................  0.0636 mg/L           
Total Recoverable Iron..........................  1.0 mg/L              
Total Recoverable Lead..........................  0.0816 mg/L           
Total Recoverable Zinc..........................  0.065 mg/L            
------------------------------------------------------------------------
\1\ Several congeners of PCBs (PCB-1016, -1221, -1242, -1248, -1260)    
  were above established benchmarks, however, EPA believes that these   
  constituents will readily bound up with sediment and particulate      
  matter. Therefore, EPA feels that monitoring for TSS will serve as an 
  adequate indicator for the control of PCBs.                           

    If the average concentration for a parameter is less than or equal 
to the value listed in Table N-18, then the permittee is not required 
to conduct quantitative analysis for that parameter during the fourth 
year of the permit. If, however, the average concentration for a 
parameter is greater than the cut-off concentration listed in Table N-
18, then the permittee is required to conduct quarterly monitoring for 
that parameter during the fourth year of permit coverage. Monitoring is 
not required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit.

                                       Table N-19.--Schedule of Monitoring                                      
                                                                                                                
                                                                                                                
2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                        Calculate the average concentration for all     
                                                        parameters analyzed during this period.                 
                                                        If average concentration is greater than the    
                                                        value listed in Table N-18, then quarterly sampling is  
                                                        required during the fourth year of the permit.          
                                                        If average concentration is less than or equal  
                                                        to the value listed in Table N-18, then no further      
                                                        sampling is required for that parameter.                
4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                        where the average concentration in year 2 of the permit 
                                                        is greater than the value listed in Table N-18.         
                                                        If industrial activities or the pollution       
                                                        prevention plan have been altered such that storm water 
                                                        discharges may be adversely affected, quarterly         
                                                        monitoring is required for all parameters of concern.   

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
proposed monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
monitoring reports required, under penalty of law, signed in accordance 
with Part VII.G. (Signatory Requirements), that material handling 
equipment or activities, raw materials, intermediate products, final 
products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity that 
are located in areas of the facility that are within the drainage area 
of the outfall are not presently exposed to storm water and will not be 
exposed to storm water for the certification period. Such certification 
must be retained in the storm water pollution prevention plan and 
submitted to EPA in the case of certifying that a pollutant is not 
present, the permittee must submit the certification along with the 
monitoring 

[[Page 50970]]
reports required under paragraph (c) below. If the permittee cannot 
certify for an entire period, they must submit the date exposure was 
eliminated and any monitoring required up until that date. This 
certification option is not applicable to compliance monitoring 
requirements associated with effluent limitations. EPA does not expect 
facilities to be able to exercise this certification for indicator 
parameters, such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum quarterly requirements an additional 
Discharge Monitoring Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required. The examination must be of a grab sample collected from each 
storm water outfall. The examination of storm water grab samples shall 
include any observations of color, odor, clarity, floating solids, 
settled solids, suspended solids, foam, oil sheen, or other obvious 
indicators of storm water pollution. The examination must be conducted 
in a well lit area. No analytical tests are required to be performed on 
these samples. The examination must be conducted at least once in each 
of the following periods: January through March; April through June; 
July through September; and October through December.
    The examination must be made at least once in each quarter of the 
permit during daylight unless there is insufficient rainfall or snow-
melt to generate runoff. Where practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Grab samples shall be collected within the first 30 minutes 
(or as soon thereafter as practical, but not to exceed 60 minutes) of 
when the runoff begins discharging. Reports of the visual examination 
include: the examination date and time, examination personnel, visual 
quality of the storm water discharge, and probable sources of any 
observed storm water contamination. The visual examination reports must 
be maintained onsite with the pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the inspections. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and 
effects on the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation on-site with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    g. Retention of Records
    (1) The permittee shall retain records of all inspections and 
monitoring information, including certification reports, noncompliance 
reports, calibration and maintenance records and all original strip 
chart recordings for continuous monitoring instrumentation, copies of 
all reports, and supporting data, requested by the permitting authority 
for at least 3 years after the date of the sampling event or 
inspection.

O. Storm Water Discharges Associated With Industrial Activity From 
Steam Electric Power Generating Facilities, Including Coal Handling 
Areas

1. Industrial Profile
    The conditions in this section apply to storm water discharges from 
steam electric power generating facilities. The steam electric power 
generating category 

[[Page 50971]]
includes facilities which are coal, oil, gas, or nuclear fired. Heat 
captured co-generation facilities are not covered under the definition 
of storm water discharge associated with industrial activity, however, 
dual fuel co-generation facilities are included in the definition. When 
an industrial facility, described by the above coverage provisions of 
this section, has industrial activities being conducted onsite that 
meet the description(s) of industrial activities in another section(s), 
that industrial facility shall comply with any and all applicable 
monitoring and pollution prevention plan requirements of the other 
section(s) in addition to all applicable requirements in this section. 
The monitoring and pollution prevention plan terms and conditions of 
this multi-sector permit are additive for industrial activities being 
conducted at the same industrial facility (co-located industrial 
activities). The operator of the facility shall determine which other 
monitoring and pollution prevention plan section(s) of this permit (if 
any) are applicable to the facility.
    Storm water discharges from coal piles are eligible for coverage 
under this permit, where these discharges are not already subject to an 
existing NPDES permit.
    The production of electrical energy always involves the conversion 
of some other form of energy. The two most important sources of energy 
which are converted to steam electric energy are the chemical energy of 
fossil fuels and the atomic energy of nuclear fuels. Current uses of 
fossil fuels are based on a combustion process, followed by steam 
generation to convert the heat first into mechanical energy and then to 
convert the mechanical energy into electrical energy. Nuclear power 
plants utilize a cycle similar to that used in fossil fueled power 
plants except that the source of heat is atomic interactions rather 
than the combustion of fossil fuel.
    The steam electric power generating process for fossil fuel systems 
are typically enclosed and subject to effluent limitations guidelines 
[40 Code of Federal Regulations (CFR) Part 423], as is coal pile 
runoff. However, the unloading and transport of coal within the 
facility is subject to the conditions set forth in this section of 
today's permit. Likewise, the unloading and storage areas for liquid 
fuels and chemicals are subject to the conditions in this section of 
today's permit.
    Industrial activities occurring at steam electric power generating 
facilities that pertain to the storm water rule include, ``* * * but 
[are] not limited to, storm water discharges from industrial plant 
yards; material handling sites; refuse sites; sites used for the 
application or disposal of process wastewaters (as defined at 40 CFR 
Part 401); sites used for the storage and maintenance of material 
handling equipment; sites used for residual treatment, storage, or 
disposal; shipping and receiving areas; manufacturing buildings; 
storage areas (including tank farms) for raw materials and intermediate 
and finished materials; and areas where industrial activity has taken 
place in the past and significant materials remain and are exposed to 
storm water'' (40 CFR 122.26(b)(14)). Common industrial activities at 
steam electric power generating facilities include the unloading, 
transport, and storage of raw materials, and the disposal of waste 
materials.
    Significant materials include, ``* * * but [are] not limited to: 
raw materials; fuels; materials such as solvents, detergents, and 
plastic pellets; finished materials such as metallic products; * * * 
hazardous substances designated under Section 101(14) of CERCLA; any 
chemical facilities required to report pursuant to Section 313 of Title 
III of SARA; fertilizers; pesticides; and waste products such as ashes, 
slag, and sludge that have the potential to be released with storm 
water discharges'' (40 CFR 122.26(b)(12)). Significant materials 
commonly found at steam electric power generating facilities include: 
coal; diesel fuel; and waste materials.
    Historically, steam electric power generating facilities were 
categorized in accordance with the type of fuel they burned. Recently, 
however, steam electric power generating facilities have modified their 
equipment to enable them to use more than one fuel. Presented below are 
brief descriptions of the industrial activities and significant 
materials associated with the production of steam electric power. Due 
to the increase in facilities burning multiple fuels the industrial 
activities and significant materials are discussed together. However, 
the industrial activities and significant materials for nuclear powered 
facilities are discussed separately. Unique practices are noted.
    a. Industrial Activities: Fossil Fuel Powered Plants. Steam 
electric power generation can be divided into four stages. In the first 
operation, fossil fuel (coal, oil, or natural gas) is burned in a 
boiler furnace. The evolving heat is used to produce pressurized and 
superheated steam. This steam is conveyed to the second stage, the 
turbine, where it gives energy to the rotating blades and, in the 
process, loses pressure and increases in volume. The rotating blades of 
the turbine act to drive an electric generator or alternator to convert 
the imparted mechanical energy into electrical energy. The steam 
leaving the turbine enters the third state, the condenser, where it is 
condensed to water. The liberated heat is transferred to a cooling 
medium which is normally water. Finally, the condensed steam is 
reintroduced into the boiler by a pump to complete the cycle.
    Features unique to coal-fired plants include coal storage and 
preparation (transport, beneficiation, pulverization, drying), coal-
fired boiler, ash handling and disposal systems, and flue gas cleaning, 
and desulfurization.
    b. Significant Materials: Fossil Fuel Powered Plants. The type of 
fuel (coal, oil, gas, nuclear) used to fire power plant boilers most 
directly influences the number of waste streams. The influence comes 
principally from the effect of fuel on the volume of ash generated. 
Stations using heavy or residual oils generate fly ash in large 
quantities and may generate some bottom ash. Stations which burn coal 
create both fly ash and bottom ash. Bottom ash is the residue which 
accumulates on the furnace bottom, and fly ash is the lighter material 
which is carried over in the flue gas stream.
    c. Industrial Activities: Nuclear Powered Plants. Nuclear power 
plants utilize a cycle similar to that used in fossil fueled power 
plants except that the source of heat is atomic interactions rather 
than the combustion of fossil fuel. Water serves as both moderator and 
coolant as it passes through the nuclear reactor core. In a pressurized 
water reactor, the heated water then passes through a separate heat 
exchanger where steam is produced on the secondary side. This steam, 
which contains radioactive materials, drives the turbines. In a boiling 
water reactor, steam is generated directly in the reactor core and is 
then piped directly to the turbine. This arrangement produces some 
radioactivity in the steam and therefore requires some shielding of the 
turbine and condenser.
    d. Significant Materials: Nuclear Powered Plants. Few if any 
significant materials are exposed to storm water at nuclear powered 
steam electric facilities. Materials that are potentially exposed do 
not involve steam electric generating equipment, raw materials, or 
waste products. The materials that are exposed to storm water are 
office wastes and ground maintenance equipment and tools.
2. Pollutants in Storm Water Discharges Associated With Steam Electric 
Power Generating Facilities
    Steam electric generating facilities are subject to effluent 
limitations guidelines that limit the number and variety of 

[[Page 50972]]
industrial activities that are included in the storm water program. 
Pollutants may be present in storm water as a result of outdoor 
activities associated with steam electric power generating facilities 
such as: material handling and transport operations; waste disposal; 
and deposition of airborne particulate matter. In addition, sources of 
pollutants other than storm water, such as illicit connections,92 
spills, and other improperly dumped materials, may increase the 
pollutant loadings discharged into waters of the United States.

    \92\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any of a number of 
sources including sanitary sewers, industrial facilities, commercial 
establishments, or residential dwellings. The probability of illicit 
connections at steam electric facilities is low yet it still may be 
applicable at some operations.
---------------------------------------------------------------------------

    Many of the part 2 group application data submittals did not 
identify individual site characteristics or sources of storm water 
pollutants which may be responsible for pollutant loadings. In 
addition, because the industry has been moving toward combined fuel 
generating facilities, the part 2 sampling data was reviewed in the 
aggregate.
    Table O-1 lists potential pollutant source activities and related 
pollutants associated with steam electric power generating facilities. 
The primary and largest potential source of storm water pollutants from 
fossil-fueled steam electric generating facilities is ash refuse piles.

    Table O-1.--Industrial Activities, Pollutant Sources, and Pollutants for Steam Electric Power Generating    
                                                   Facilities                                                   
----------------------------------------------------------------------------------------------------------------
              Activity                          Pollutant source                          Pollutant             
----------------------------------------------------------------------------------------------------------------
Above Ground Liquid Storage Tank....  External corrosion and structural     Fuel, oil, heavy metals, ammonia,   
                                       failure.                              chlorine, sulfuric acid, sodium    
                                                                             hydroxide, and other materials     
                                                                             being stored.                      
                                      Installation problems...............  Fuel, oil, heavy metals, ammonia,   
                                                                             chlorine, sulfuric acid, sodium    
                                                                             hydroxide, and other materials     
                                                                             being stored.                      
                                      Spills due to operator error........  Fuel, oil, heavy metals, ammonia,   
                                                                             chlorine, sulfuric acid, sodium    
                                                                             hydroxide, and other materials     
                                                                             being stored.                      
                                      Failure of piping systems...........  Fuel, oil, heavy metals, ammonia,   
                                                                             chlorine, sulfuric acid, sodium    
                                                                             hydroxide, and other materials     
                                                                             being stored.                      
                                      Leaks or spills during pumping of     Fuel, oil, heavy metals, ammonia,   
                                       liquids from barges, trucks, rail     chlorine, sulfuric acid, sodium    
                                       cars to a storage facility.           hydroxide, and other materials     
                                                                             being stored.                      
Vehicle and Equipment Maintenance...  Parts cleaning......................  Oil, heavy metals, chlorinated      
                                                                             solvents, acid/alkaline wastes,    
                                                                             ethylene glycol.                   
                                      Spills of oil, degreasers, hydraulic  Oil, arsenic, heavy metals,         
                                       fluids, transmission fluid,           organics, chlorinated solvents,    
                                       radiator fluids.                      ethylene glycol.                   
                                      Fluids replacement..................  Oil, arsenic, heavy metals,         
                                                                             organics, fuel.                    
Fueling Operations..................  Spills & leaks during fuel delivery.  Fuel, oil, heavy metals.            
                                      Spills caused by ``topping off''      Fuel, oil, heavy metals.            
                                       fuel tanks.                                                              
                                      Leaking storage tanks...............  Fuel, oil, heavy metals.            
                                      Allowing rainfall on the fuel area    Fuel, oil, heavy metals.            
                                       or storm water to run onto the fuel                                      
                                       area.                                                                    
Coal Handling Areas.................  Fugitive dust emissions from coal     Suspended solids, copper, iron,     
                                       handling.                             aluminum, nickel, and trace metals.
                                      Spills during delivery..............  Suspended solids, copper, iron,     
                                                                             aluminum, nickel, and trace metals.
                                      Offsite tracking of coal dust.......  Suspended solids, copper, iron,     
                                                                             aluminum, nickel, and trace metals.
Ash Handling Areas, Ash Landfills...  Spills during transfer of ash to      Suspended solids, chromium, copper, 
                                       landfills.                            iron, zinc, oil and grease,        
                                                                             aluminum.                          
                                      Offsite tracking of ash.............  Suspended solids, chromium, copper, 
                                                                             iron, zinc, oil and grease,        
                                                                             aluminum.                          
Scrapyards, Refuse Sites............  Discarded material..................  Fuel, oils, heavy metals.           
----------------------------------------------------------------------------------------------------------------

    The ash composition from oil, on a weight percent basis, is much 
lower than that of coal. Oil ash rarely exceeds 0.3 percent of the 
input oil whereas coal ash comprises from 3 to 30 percent of the coal. 
In general, the ash content increases with increasing asphaltic 
constituents in which the sulfur acts largely as a bridge between 
aromatic rings.
    The many elements which may appear in oil ash deposits include 
vanadium, sodium, and sulfur. Compounds containing these elements are 
found in almost every deposit in boilers fired by residual fuel oil and 
often constitute the major portion of these deposits. Oil ash, 
especially from plants using Venezuelan and certain Middle Eastern oil 
can contain significant amounts of nickel.
    Some of the ash-forming constituents in the crude oil had their 
origin in animal and vegetable matter from which the oil was derived. 
The remainder is extraneous material resulting from contact of the 
crude oil with rock structures and salt brines or picked up during 
refining processes, storage, and transportation. Vanadium, iron, 
sodium, nickel, and calcium in fuel oil are common in rock strata, but 
elements including vanadium, nickel, zinc, and copper are believed to 
come from organic matter from which the petroleum was created. 

[[Page 50973]]

    The ash residue resulting from the combustion of coal is primarily 
derived from the inorganic matter in the coal. The chemical composition 
of dry bottom ash and fly ash are quite similar. The major constituents 
present in coal ash are silica, alumina, ferric oxide, calcium oxide, 
magnesium oxide, and minor amounts of sodium and potassium oxides. 
Other parameters which may be present include sulfur trioxide, carbon, 
boron, phosphorus, uranium, and thorium. The concentration differences 
can vary considerably from one site to another.93

    \93\ EPA. Effluent Guidelines Division. ``Development Document 
for Effluent Limitations Guidelines and Standards for the Steam 
Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
b). Page 131.
---------------------------------------------------------------------------

    When conducting their data analysis for their 1980 Development 
Document, the U.S. Environmental Protection Agency (EPA) found that 
there was no correlation between arsenic, nickel, zinc, copper, and 
selenium and total suspended solids, whenever their value was 30 mg/L 
or less.94

    \94\ EPA. Effluent Guidelines Division. ``Development Document 
for Effluent Limitations Guidelines and Standards for the Steam 
Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
b). Page 138.
---------------------------------------------------------------------------

    The quality of storm water runoff from coal handling areas is 
dependent on pH, as pH influences the release of toxic and heavy 
metals. Suspended solids levels result when storm water suspends coal 
particulates. Most of the total dissolved solids concentrations are a 
consequence of enhanced pyritic oxidation.
    Storm water runoff from exposed sources of coal tends to be of an 
acid nature, primarily as a result of the oxidation of iron sulfide in 
the presence of oxygen and water.95 The presence of certain 
acidophilic, chemoautotrophic bacteria, and a pH of 2.0 to 4.5 
generally indicates storm water runoff high in iron, manganese, and 
total dissolved solids.96

    \95\ EPA. Effluent Guidelines Division. ``Development Document 
for Effluent Limitations Guidelines and Standards for the Steam 
Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
b). Page 138.
    \96\ EPA. Effluent Guidelines Division. ``Development Document 
for Effluent Limitations Guidelines and Standards for the Steam 
Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
b). Page 138.
---------------------------------------------------------------------------

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at steam 
electric power generating facilities as a whole and not subdivide this 
sector. Therefore, Table O-2 lists data for selected parameters from 
facilities in the steam electric power generating sector. These data 
include the eight pollutants that all facilities were required to 
monitor for under Form 2F, as well as the pollutants that EPA has 
determined may merit further monitoring.

                            Table O-2.--Statistics for Selected Pollutants Reported by Steam Electric Generating Facilities Submitting Part II Sampling Data i (mg/L)                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   # of Facilities    # of Samples          Mean             Minimum           Maximum           Median        95th Percentile   99th Percentile
             Pollutant, Sample type              -----------------------------------------------------------------------------------------------------------------------------------------------
                                                    Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5............................................       29       33       78       80      5.8      5.7      0.0      0.0     45.0     37.0      4.3      4.0     20.3     16.8     38.4     29.5
COD.............................................       30       33       78       79    102.5     68.7      0.0      0.0   1410.0    540.0     32.5     39.0    332.8    188.3    739.8    333.6
Nitrate + Nitrite Nitrogen......................       30       33       78       79     5.47     0.73     0.00     0.00   350.00     3.90     0.36     0.41     4.34     2.41    11.17     4.66
Total Kjeldahl Nitrogen.........................       30       33       78       80     2.36     1.90     0.00     0.00    22.30     19.1     1.20     0.99     7.35     5.37    14.95    10.26
Oil & Grease....................................       34      N/A       90      N/A      1.4      N/A      0.0      N/A     20.0      N/A      0.0      N/A      7.3      N/A     19.5      N/A
pH..............................................       30      N/A       72      N/A      N/A      N/A      3.8      N/A      9.0      N/A      7.4      N/A      8.9      N/A      9.7      N/A
Total Phosphorus................................       30       33       77       80     0.81     0.65     0.00     0.00     6.00     7.20     0.30     0.28     3.56     2.62     9.27     6.45
Total Suspended Solids..........................       30       33       78       79      504      208        0        0    22790     5554       44       40     1561      967     6077     3292
Iron, Total.....................................       29       32       67       73      7.0      6.3      0.0      0.0     67.0    191.0      1.8      1.4     34.7     19.9    117.0     58.1
Zinc, Total.....................................       14       17       33       38    0.300    0.250    0.000    0.000    5.500    4.200     0.07     0.08    1.164    0.725    3.389   1.607 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
iiComposite samples.                                                                                                                                                                            

3. Pollutant Control Measures Required Under Other EPA Programs.
    The Agency recognizes that other EPA programs address pollution 
prevention at steam electric power generating facilities. The Oil 
Pollution Prevention Program (40 CFR Part 112) has established 
procedures to prevent the discharge of oil from nontransportation 
related onshore and offshore facilities. This program requires owners 
or operators of onshore and offshore facilities to prepare a Spill 
Prevention Control and Countermeasure Plan (SPCC Plan) for their 
facility if they could reasonably be expected to discharge oil, into or 
upon the navigable waters of the United States or adjoining shorelines, 
in quantities that violate applicable water quality standards, or cause 
a film or sheen upon or discoloration of the surface of the water or 
adjoining shorelines or cause a sludge or emulsion to be deposited 
beneath the surface of the water or upon adjoining shorelines. 
Guidelines for the preparation and implementation of a Spill Prevention 
Control and Countermeasure Plan can be found at 40 CFR 112.7.
    Under the Resource Conservation and Recovery Act (RCRA) specific 
requirements have been established which address generators of 
hazardous wastes. Regulations have been developed which address the 
accumulation of hazardous waste onsite prior to transport to a 
hazardous waste disposal facility. These regulations address proper 
storage of hazardous wastes, emergency planning, and training personnel 
in proper handling procedures for hazardous wastes.
4. Storm Water Pollution Prevention Plan Requirements
    The conditions that apply to steam electric power generating 
facilities are based on the requirements set forth in the common permit 
conditions for storm water discharges from industrial activities 
discussed in today's fact sheet. The discussion that follows only 
addresses conditions that differ from those common conditions. There 
are no additional pollution prevention requirements beyond the common 
conditions for nuclear powered steam electric generating facilities.
    a. Description of Pollutant Sources. Under the description of 
pollutant sources in the storm water pollution prevention plan 
requirements, permittees are required to include a site map of the 
facility. The areas required to be identified on the site map now also 
include the following: landfills, 

[[Page 50974]]
treatment ponds, scrap yards, general refuse areas, locations of short 
and long term storage of general materials, and the location of stock 
pile areas. EPA believes this is appropriate since these areas may 
potentially be significant sources of pollutants to storm water. In 
addition, the site map must also indicate the outfall locations and the 
types of discharges contained in the drainage areas of the outfalls 
(e.g., storm water and air conditioner condensate). 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.
    b. Measures and Controls. Under the description of measures and 
controls in the storm water pollution prevention plan requirements, 
this section requires that all areas that may contribute pollutants to 
storm water discharges shall be maintained in a clean, orderly manner. 
This section also requires that the following 15 areas must be 
specifically addressed:
    (1) Fugitive Dust Emissions. The plan must describe measures that 
prevent or minimize fugitive dust emissions from coal handling areas. 
The permittee shall consider establishing procedures to minimize 
offsite tracking of coal dust. To prevent offsite tracking the facility 
may consider specially designed tires, or washing vehicles in a 
designated area before they leave the site, and controlling the wash 
water.
    (2) Delivery Vehicles. The plan must describe measures that prevent 
or minimize contamination of storm water runoff from delivery vehicles 
arriving on the plant site. At a minimum the permittee should consider 
the following:
    (a) Develop procedures for the inspection of delivery vehicles 
arriving on the plant site, and ensure overall integrity of the body or 
container.
    (b) Develop procedures to control leakage or spillage from vehicles 
or containers, and ensure that proper protective measures are available 
for personnel and environment.
    (3) Fuel Oil Unloading Areas. The plan must describe measures that 
prevent or minimize contamination of storm water runoff from fuel oil 
unloading areas. At a minimum the facility operator must consider using 
the following measures or an equivalent:
    (a) Use containment curbs in unloading areas.
    (b) During deliveries station personnel familiar with spill 
prevention and response procedures must be present to ensure that any 
leaks or spills are immediately contained and cleaned up.
    (c) Use spill and overflow protection (drip pans, drip diapers, 
and/or other containment devices shall be placed beneath fuel oil 
connectors to contain any spillage that may occur during deliveries or 
due to leaks at such connectors).
    (4) Chemical Loading/Unloading Areas. The plan must describe 
measures that prevent or minimize the contamination of storm water 
runoff from chemical loading/unloading areas. At a minimum the 
permittee must consider using the following measures or an equivalent:
    (a) Use containment curbs at chemical loading/unloading areas to 
contain spills.
    (b) During deliveries station personnel familiar with spill 
prevention and response procedures must be present to ensure that any 
leaks or spills are immediately contained and cleaned up.
    Where practicable chemical loading/unloading areas should be 
covered, and chemicals should be stored indoors.
    (5) Miscellaneous Loading/Unloading Areas. The plan must describe 
measures that prevent or minimize the contamination of storm water 
runoff from loading and unloading areas. The facility may consider 
covering the loading area, minimizing storm water runon to the loading 
area by grading, berming, or curbing the area around the loading area 
to direct storm water away from the area, or locate the loading/
unloading equipment and vehicles so that leaks can be controlled in 
existing containment and flow diversion systems.
    (6) Liquid Storage Tanks. The plan must describe measures that 
prevent or minimize contamination of storm water runoff from above 
ground liquid storage tanks. At a minimum the facility operator must 
consider employing the following measures or an equivalent:
    (a) Use protective guards around tanks.
    (b) Use containment curbs.
    (c) Use spill and overflow protection (drip pans, drip diapers, 
and/or other containment devices shall be placed beneath chemical 
connectors to contain any spillage that may occur during deliveries or 
due to leaks at such connectors).
    (d) Use dry cleanup methods.
    (7) Large Bulk Fuel Storage Tanks. The plan must describe measures 
that prevent or minimize contamination of storm water runoff from 
liquid storage tanks. At a minimum the facility operator must consider 
employing the following measures or an equivalent:
    (a) Comply with applicable State and Federal laws, including Spill 
Prevention Control and Countermeasures (SPCC)
    (b) Containment berms.
    (8) The plan must describe measures to reduce the potential for an 
oil or chemical spill, or reference the appropriate section of their 
SPCC plan. At a minimum the structural integrity of all above ground 
tanks, pipelines, pumps and other related equipment shall be visually 
inspected on a weekly basis. All repairs deemed necessary based on the 
findings of the inspections shall be completed immediately to reduce 
the incidence of spills and leaks occurring from such faulty equipment.
    (9) Oil Bearing Equipment in Switchyards. The plan must describe 
measures to reduce the potential for storm water contamination from oil 
bearing equipment in switchyard areas. The facility may consider level 
grades and gravel surfaces to retard flows and limit the spread of 
spills; collection of storm water runoff in perimeter ditches.
    (10) Residue Hauling Vehicles. All residue hauling vehicles shall 
be inspected for proper covering over the load, adequate gate sealing 
and overall integrity of the body or container. Vehicles without load 
covers or adequate gate sealing, or with poor body or container 
conditions must be repaired as soon as practicable.
    (11) Ash Loading Areas. Plant procedures shall be established to 
reduce and/or control the tracking of ash or residue from ash loading 
areas including, where practicable, requirements to clear the ash 
building floor and immediately adjacent roadways of spillage, debris 
and excess water before each loaded vehicle departs.
    (12) Areas Adjacent to Disposal Ponds or Landfills. The plan must 
describe measures that prevent or minimize contamination of storm water 
runoff from areas adjacent to disposal ponds or landfills. The facility 
must develop procedures to:
    (a) Reduce ash residue which may be tracked on to access roads 
traveled by residue trucks or residue handling vehicles.
    (b) Reduce ash residue on exit roads leading into and out of 
residue handling areas.
    (13) Landfills, Scrapyards, and General Refuse Sites. The plan must 
address landfills, scrapyards, and general refuse sites. The permittee 
is referred to Parts XI.L. and XI.N. of today's permit (Storm Water 
Discharges From Landfills and Land Application Sites and Scrap and 
Waste Material Processing and Recycling Facilities, respectively) for 
applicable Best Management Practices.
    (14) Maintenance Activities. For vehicle maintenance activities 

[[Page 50975]]
    performed on the plant site, the permittee shall consider the 
applicable Best Management Practices outlined in Part XI.P. of today's 
permit (Storm Water Discharges From Vehicle Maintenance or Equipment 
Cleaning Operations at Motor Freight Transportation Facilities, 
Passenger Transportation Facilities, Petroleum Bulk Oil Stations and 
Terminals, or the United States Postal Service).
    (15) Material Storage Areas. The plan must describe measures that 
prevent or minimize contamination of storm water from material storage 
areas (including areas used for temporary storage of miscellaneous 
products and construction materials stored in lay down areas). The 
facility operator may consider flat yard grades, runoff collection in 
graded swales or ditches, erosion protection measures at steep outfall 
sites (e.g., concrete chutes, riprap, stilling basins), covering lay 
down areas, storing the materials indoors, covering the material with a 
temporary covering made of polyethylene, polyurethane, polypropylene, 
or hypalon. Storm water runon may be minimized by constructing an 
enclosure or building a berm around the area.
    Based on information provided in part 1 of the group application 
process, the management practices applicable to the 15 areas listed 
above are commonly used at many steam electric power generating 
facilities. EPA believes that the incorporation of management practices 
to accomplish the objectives described above, in conjunction with the 
baseline requirements, will substantially reduce the potential for 
these activities and areas to significantly contribute to the pollution 
of storm water discharges. EPA believes that these requirements provide 
the necessary flexibility to address the variable risk for pollutants 
in storm water discharges associated with different facilities.
    (c) Inspections. Under the inspection requirements of the storm 
water pollution prevention plan elements, this section requires that in 
addition to the comprehensive site evaluation required under Part 
VIII.C.4. of today's permit, qualified facility personnel shall be 
identified to inspect designated equipment and areas of the facility on 
a monthly basis. The following areas shall be included in the 
inspection: coal handling areas, fueling areas, loading/unloading 
areas, switchyards, bulk storage areas, ash handling areas, areas 
adjacent to disposal ponds and landfills, maintenance areas, liquid 
storage tanks and long term and short term material storage areas. A 
set of tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections shall be maintained onsite.
    The purpose of the inspections is to check on the implementation of 
the storm water pollution prevention plan. The inspections allow 
facility personnel to monitor the success or failure of elements of the 
plan on a regular basis.
    d. Employee Training. Steam electric power generating facilities 
are required to identify periodic training dates in the pollution 
prevention plan, but in all cases training must be held at least 
annually. EPA believes that such a frequency is necessary due to the 
many areas with a high potential for contamination of storm water.
5. Numeric Effluent Limitations
    Coal pile runoff is subject to the effluent guidelines described in 
Part V.B of today's permit. However, steam electric generating 
facilities must comply with the requirement of Part V.B immediately 
upon permit issuance. Steam electric generating facilities are not 
permitted to take 3 years to meet this requirement.
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that steam 
electric power generating facilities may reduce the level of pollutants 
in storm water runoff from their sites through the development and 
proper implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. In order to provide a tool 
for evaluating the effectiveness of the pollution prevention plan and 
to characterize the discharge for potential environmental impacts, the 
permit requires steam electric power generating facilities to collect 
and analyze samples of their storm water discharges for the pollutant 
listed in Table O-3. The pollutant listed in Table O-3 was found to be 
above levels of concern for a significant portion of steam electric 
power generating facilities that submitted quantitative data in the 
group application process. Because this pollutant has been reported at 
or above levels of concern from steam electric power generating 
facilities, EPA is requiring monitoring after the pollution prevention 
plan has been implemented to assess the effectiveness of the pollution 
prevention plan and to help ensure that a reduction of pollutants is 
realized.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, zinc is above the bench 
mark concentrations for the steam electric generating facilities 
sector. After a review of the nature of industrial activities and the 
significant materials exposed to storm water described by facilities in 
this sector, EPA has determined that the higher concentrations of zinc 
are not likely to be caused by the industrial activity, but may be 
primarily due to non-industrial activities on-site. Today's permit does 
not require steam electric generating facilities to conduct analytical 
monitoring for this parameter.
    At a minimum, storm water discharges from steam electric power 
generating facilities must be monitored quarterly during the second 
year of permit coverage. Samples must be collected at least once in 
each of the following periods: January through March; April through 
June; July through September; and October through December. At the end 
of the second year of permit coverage, a facility must calculate the 
average concentration for each parameter listed in Table O-3. If the 
permittee collects more than four samples in this period, then they 
must calculate an average concentration for each pollutant of concern 
for all samples analyzed.

 Table O-3.--Monitoring Requirements for Steam Electric Power Generating
                               Facilities                               
------------------------------------------------------------------------
              Pollutant of concern                 Cut-Off concentration
------------------------------------------------------------------------
Total Recoverable Iron..........................  1.0 mg/L              
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Table O-3, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table O-3, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm 

[[Page 50976]]
water discharges consistent with the average concentrations recorded 
during the second year of the permit.

                                       Table O-5.--Schedule of Monitoring                                       
                                                                                                                
                                                                                                                
2nd Year of Permit Coverage..........................   conduct quarterly monitoring.                   
                                                        calculate the average concentration for all     
                                                        parameters analyzed during this period.                 
                                                        if average concentration is greater than the    
                                                        value listed in Table O-3, then quarterly sampling is   
                                                        required during the fourth year of the permit.          
                                                        if average concentration is less than or equal  
                                                        to the value listed in Table O-3, then no further       
                                                        sampling is required for that parameter.                
4th Year of Permit Coverage..........................   conduct quarterly monitoring for any parameter  
                                                        where the average concentration in year two of the      
                                                        permit is greater than the value listed in Table O-3.   
                                                        if industrial activities or the pollution       
                                                        prevention plan have been altered such that storm water 
                                                        discharges may be adversely affected, quarterly         
                                                        monitoring is required for all parameters of concern.   

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Table O-3 are not 
numerical effluent limitations. These values represent a level of 
pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data, reported concentrations greater 
than or equal to the values listed in Table O-3. Facilities which 
achieve average discharge concentrations which are less than or equal 
to the values in Table O-3 are not relieved from the pollution 
prevention plan requirements or any other requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities which do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
the monitoring reports required under paragraph c. below, under penalty 
of law, signed in accordance with Part VII.G. (Signatory Requirements), 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, significant materials from past 
industrial activity that are located in areas of the facility that are 
within the drainage area of the outfall are not presently exposed to 
storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph c. below. If 
the permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within three months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum requirements an additional Discharge 
Monitoring Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first thirty 
minutes of the discharge. If the collection of a grab sample during the 
first thirty minutes is impracticable, a grab sample can be taken 
during the first hour of the discharge, and the discharger shall submit 
with the monitoring report a description of why a grab sample during 
the first thirty minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or non-process water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfalls provided that the 
permittee 

[[Page 50977]]
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluent. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
65 percent)) shall be provided in the plan.
    f. Compliance Monitoring Requirements. Today's permit requires 
permittees with coal pile runoff associated with steam electric power 
generation to monitor for the presence of total suspended solids and pH 
at least annually. These monitoring requirements are necessary to 
evaluate compliance with the numeric effluent limitation imposed on 
these discharges. Monitoring shall be performed upon a minimum of one 
grab sample. All samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The grab 
sample shall be taken during the first 30 minutes of the discharge. If 
the collection of a grab sample during the first 30 minutes is 
impracticable, a grab sample can be taken during the first hour of the 
discharge, and the discharger shall submit with the monitoring report a 
description of why a grab sample during the first 30 minutes was 
impracticable. Monitoring results shall be submitted on Discharge 
Monitoring Report Form(s) postmarked no later than the last day of the 
month following collection of the sample. For each outfall, one 
Discharge Monitoring Report from must be submitted per storm event 
sampled. Facilities which discharge through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must also submit signed copies of discharge monitoring reports to 
the operator of the municipal separate storm sewer system. Alternative 
Certification provisions described in Section XI.O.5 do not apply to 
facilities subject to compliance monitoring requirements in this 
section. Compliance monitoring is required at least annually for 
discharges subject to effluent limitations. Therefore, EPA cannot 
permit a facility to waive compliance monitoring.
    g. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required at steam electric generating facilities. The examination must 
be of a grab sample collected from each storm water outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, clarity, floating solids, settled solids, suspended 
solids, foam, oil sheen, or other obvious indicators of storm water 
pollution. The examination must be conducted in a well lit area. No 
analytical tests are required to be performed on these samples.
    The examination must be made at least once in each quarter of the 
permit during daylight unless there is insufficient rainfall or snow-
melt to runoff. Where practicable, the same individual should carry out 
the collection and examination of discharges throughout the life of the 
permit to ensure the greatest degree of consistency possible. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 60 minutes) of when the 
runoff begins discharging. Reports of the visual examination include: 
the examination date and time, examination personnel, visual quality of 
the storm water discharge, and probable sources of any observed storm 
water contamination. The visual examination reports must be maintained 
onsite with the pollution prevention plan.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands on examination will enhance the 
staff's understanding of the storm water problems on that site and 
effects on the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.

 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
    Special conditions have been developed for ground transportation 
facilities and rail transportation facilities that have vehicle and 
equipment maintenance shops (vehicle and equipment rehabilitation, 
mechanical repairs, painting, fueling and lubrication) and equipment 
cleaning operations. Vehicle and equipment maintenance is a broad term 
used to include the following activities: vehicle and equipment fluid 
changes, mechanical repairs, parts cleaning, sanding, refinishing, 
painting, fueling, locomotive sanding (loading sand for traction), 
storage of vehicles and equipment waiting for repair or maintenance, 
and storage of the related materials and waste materials, such as oil, 
fuel, batteries, tires, or oil filters. Equipment cleaning operations 
include areas where the following types of activities take place: 
vehicle exterior wash down, interior trailer washouts, tank washouts, 
and rinsing of transfer equipment. Any storm water discharges from 
facilities where such activities take place are subject to the special 
conditions described in Part XI.P. of today's permit.
    The conditions in this section apply to storm water discharges from 
vehicle and equipment maintenance shops or cleaning operations located 
on any of the industrial facilities covered under the storm water 
application regulations (40 CFR 122.26) and applying for coverage under 
this permit. 

[[Page 50978]]

    As background, the storm water application regulations define storm 
water discharge associated with industrial activity at 40 CFR 
122.26(b)(14). Category (viii) of this definition includes 
transportation facilities classified as Standard Industrial 
Classification (SIC) codes 40, 41, 42 (except 4221-25), 43, 44, 45, and 
5171 that have vehicle and equipment maintenance shops, equipment 
cleaning operations, or airport deicing operations. The category 
further states that only those portions of the facility that are either 
involved in vehicle and equipment maintenance (including vehicle and 
equipment rehabilitation, mechanical repairs, painting, fueling, and 
lubrication), equipment cleaning operations, or airport deicing 
operations are associated with industrial activity. The facilities that 
would potentially be covered by this section of today's permit are 
transportation facilities (commonly assigned SIC codes 40, 41, 42, 43, 
and 5171).
    This sector includes facilities primarily engaged in furnishing 
transportation by line-haul railroad, and switching and terminal 
establishments (SIC code 40). The following are examples of these types 
of facilities: electric railroad line-haul operation, railroad line-
haul operation, interurban railways, beltline railroads, logging 
railroads, railroad terminals, and stations operated by railroad 
terminal companies.
    Facilities primarily engaged in furnishing local and suburban 
transportation (SIC code 41), such as those providing transportation in 
and around a municipality by bus, rail, or subway are also covered 
under this section. Examples include: bus line operation, airport 
transportation service (road or rail), cable car operation, subway 
operation, ambulance service, sightseeing buses, van pool operation, 
limousine rental with drivers, taxicab operation, and school buses not 
operated by the educational institution.
    In addition, facilities providing local or long-distance trucking, 
transfer, and/or storage services (SIC code 42) are included in this 
sector. The following are examples of such facilities: hauling by dump 
truck, trucking timber, contract mail carriers, furniture moving, 
garbage collection without disposal, over-the-road trucking, long 
distance trucking, and freight trucking terminal.
    All establishments of the United States Postal Service (SIC code 
43) and establishments engaged in the wholesale distribution of crude 
petroleum and petroleum products from bulk liquid storage facilities 
(SIC code 5171) are also covered under this sector.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants Found in Storm Water Discharges From Vehicle and 
Equipment Maintenance and Cleaning Operations
    The following table lists potential pollutant source activities 
that commonly take place at vehicle and equipment maintenance and 
equipment cleaning operations.

  Table P-1.--Potential Pollutant Source Activities at Vehicle and Equipment Maintenance and Equipment Cleaning 
                                                   Operations                                                   
----------------------------------------------------------------------------------------------------------------
              Activity                          Pollutant source                          Pollutant             
----------------------------------------------------------------------------------------------------------------
Fueling.............................  Spills and leaks during fuel          Fuel, oil, heavy metals.            
                                       delivery.                                                                
                                      Spills caused by ``topping off''      Fuel, oil, heavy metals.            
                                       fuel tanks.                                                              
                                      Rainfall falling on the fuel area or  Fuel, oil, heavy metals.            
                                       storm water running onto the fuel                                        
                                       area.                                                                    
                                      Hosing or washing down fuel area....  Fuel, oil, heavy metals.            
                                      Leaking storage tanks...............  Fuel, oil, heavy metals.            
Vehicle and equipment maintenance...  Parts cleaning......................  Chlorinated solvents, oil, heavy    
                                                                             metals, acid/alkaline wastes.      
                                      Waste disposal of greasy rags, oil    Oil, heavy metals, chlorinated      
                                       filters, air filters, batteries,      solvents, acid/alkaline wastes,    
                                       hydraulic fluids, transmission        ethylene glycol.                   
                                       fluid, radiator fluids, degreasers.                                      
                                      Spills of oil, degreasers, hydraulic  Oil, arsenic, heavy metals,         
                                       fluids, transmission fluid,           organics, chlorinated solvents,    
                                       radiator fluids.                      ethylene glycol.                   
                                      Fluids replacement, including oil,    Oil, arsenic, heavy metals,         
                                       hydraulic fluids, transmission        organics, chlorinated solvents,    
                                       fluid, radiator fluids.               ethylene glycol.                   
Outdoor vehicle and equipment         Leaking vehicle fluids including      Oil, hydraulic fluids, arsenic,     
 storage and parking.                  hydraulic lines and radiators,        heavy metals, organics, fuel.      
                                       leaking or improperly maintained                                         
                                       locomotive on-board drip collection                                      
                                       systems, brake dust..                                                    
Painting areas......................  Paint and paint thinner spills......  Paint, spent chlorinated solvents,  
                                                                             heavy metals.                      
                                      Spray painting......................  Paint solids, heavy metals.         
                                      Sanding or paint stripping..........  Dust, paint solids, heavy metals.   
                                      Paint clean-up......................  Paint, spent chlorinated solvents,  
                                                                             heavy metals.                      
Railroad locomotive sanding.........  Loading traction sand on locomotives  Sediment.                           
Vehicle or equipment washing areas..  Washing or steam cleaning...........  Oil, detergents, heavy metals,      
                                                                             chlorinated solvents, phosphorus,  
                                                                             salts, suspended solids.           
Liquid storage in above ground        External corrosion and structural     Fuel, oil, heavy metals, materials  
 storage.                              failure.                              being stored.                      
                                      Installation problems...............  Fuel, oil, heavy metals, materials  
                                                                             being stored.                      
                                      Spills and overfills due to operator  Fuel, oil, heavy metals, materials  
                                       error.                                being stored.                      
                                      Failure of piping systems (pipes,     Fuel, oil, heavy metals, materials  
                                       pumps, flanges, couplings, hoses,     being stored                       
                                       and valves).                                                             

[[Page 50979]]
                                                                                                                
                                      Leaks or spills during pumping of     Fuel, oil, heavy metals, materials  
                                       liquids from barges, trucks, or       being stored.                      
                                       rail cars to a storage facility.                                         
Cold weather activities.............  Salt application....................  Sodium chloride.                    
                                      Dirt/ash application................  Suspended solids, heavy metals      
Improper connections to storm sewer.  Process wastewater..................  Dependent on operations.            
                                      Sanitary water......................  Bacteria, biochemical oxygen demand 
                                                                             (BOD), suspended solids.           
                                      Floor drains........................  Oil, heavy metals, chlorinated      
                                                                             solvents, fuel, ethylene glycol.   
                                      Vehicle washwaters..................  Oil, detergents, metals, chlorinated
                                                                             solvents, phosphorus, suspended    
                                                                             solids.                            
                                      Radiator flushing wastewater........  Ethylene glycol.                    
                                      Leaky underground storage tanks.....  Materials stored or previously      
                                                                             stored.                            
----------------------------------------------------------------------------------------------------------------
Sources: EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive
  Refinishing Industry.'' EPA/625/7-91/016.                                                                     
EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive Repair  
  Industry.'' EPA/625/7-91/013.                                                                                 
EPA, Office of Research and Development. May 1992. ``Facility Pollution Prevention Guide.'' EPA/600/R-92/088.   
EPA, Office of Water. September 1992. ``Storm Water Management for Industrial Activities--Developing Pollution  
  Prevention Plans and Best Management Practices.'' EPA 832-R-92-006.                                           
U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.                                             


    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the land transportation industry into subsectors 
to properly analyze sampling data and determine monitoring 
requirements. As a result, this sector has been divided into the 
following subsectors: railroad transportation; local and highway 
passenger transportation; motor freight transportation and warehousing; 
United States Postal Service; and petroleum bulk stations and 
terminals. The tables below include data for the eight pollutants that 
all facilities were required to monitor for under Form 2F. The tables 
also list those parameters that EPA has determined may merit further 
monitoring.

                             Table P-2.--Statistics for Selected Pollutants Reported by Railroad Transportation Facilities Submitting Part II Sampling Datai (mg/L)                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  # of Facilities    # of Samples            Mean              Minimum             Maximum               Median          95th Percentile       99th Percentile  
       Pollutant, Sample        ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Grab    Compii    Grab     Comp     Grab       Comp     Grab     Comp       Grab        Comp      Grab     Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...........................      100       89      141      126    17.3        9.6    0.0        0.0       310.0      155.0       7.0       6.0      51.8       26.8      102.8       44.8  
COD............................      102       89      143      124   320.0      179.8    0.0        0.0     11800       5470.0     145.0      89.0     879.3      475.3     1848.1      927.8  
Nitrate + Nitrite Nitrogen.....      103       89      144      124     1.57       1.32   0.00       0.00       19.50      19.00      0.92      0.78      5.66       3.68      12.01       6.76 
Total Kjeldahl Nitrogen........      103       89      144      124     4.35       3.00   0.00       0.00       72.00      58.00      1.90      1.50     13.63       8.79      29.13      17.39 
Oil & Grease...................      104      N/A      144      N/A    33.7      N/A      0.0      N/A        3340.0      N/A         0.0     N/A        46.92     N/A        140.26     N/A    
pH.............................       95      N/A      133      N/A   N/A        N/A      3.6      N/A          10.2      N/A         7.3     N/A         9.2      N/A         10.2      N/A    
Total Phosphorus...............      103       89      144      124     2.85       1.02   0.00       0.00      180.00      23.00      0.55      0.44      7.05       3.51      19.63       8.19 
Total Suspended Solids.........      103       89      144      124   474        221      0          0        4680       2620       176        77      2717       1000       9367       2853    
Lead, Total....................        3        4        4        6     0.088      0.048  0.042      0.012       0.130      0.070     0.09      0.06      0.208      0.151      0.313      0.268
Zinc, Total....................        3        4        3        5     0.487      0.337  0.140      0.160       0.920      0.510     0.40      0.28      1.756      0.704      3.341      0.995 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                    Table P-3.--Statistics for Selected Pollutants Reported by Local and Highway Passenger Transportation Facilities Submitting Part II Sampling Datai (mg/L)                   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    # of      # of Samples         Mean              Minimum             Maximum             Median         95th Percentile     99th Percentile 
                                                 Facilities  -----------------------------------------------------------------------------------------------------------------------------------
              Pollutant, Sample               ---------------                                                                                                                                   
                                                Grab  Compii   Grab   Comp    Grab      Comp      Grab     Comp      Grab      Comp      Grab     Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5.........................................     46      45     50     50     15.9      12.3      0.0       0.0     235.3     104.8      8.5       6.3      46.4      41.3      91.6      85.4 
COD..........................................     47      45     51     50     51.4      39.2      0.0       0.0     376.0     216.0     18.5      18.4     186.2     123.8     411.4     228.8 
Nitrate + Nitrite Nitrogen...................     46      43     50     48     14.39      7.66     0.00      0.10    181.40    104.00     1.79      1.30     66.44     28.71    265.35     96.75
Total Kjeldahl Nitrogen......................     45      44     49     49      4.22      2.37     0.00      0.00     81.26     15.74     1.82      1.20     11.84      8.23     24.12     16.53
Oil & Grease.................................     53     N/A     59    N/A     47.1     N/A        0.0     N/A       771.0     N/A        6.0     N/A       183.0     N/A       621.6     N/A   
pH...........................................     52     N/A     58    N/A    N/A       N/A        4.7     N/A         9.4     N/A        7.0     N/A         8.8     N/A         9.7     N/A   
Total Phosphorus.............................     47      45     52     50      0.92      0.65     0.00      0.00      7.50      7.00     0.33      0.33      3.40      2.32      8.20      5.12
Total Suspended Solids.......................     46      46     50     51    246       134        0         0      2320       802       70        41      1319       725      4590     2397    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 50980]]
                   Table P-4.--Statistics for Selected Pollutants Reported by Motor Freight Transportation and Warehousing Facilities Submitting Part II Sampling Datai (mg/L)                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            # of          # of             Mean               Minimum             Maximum               Median           95th Percentile       99th Percentile  
                                         Facilities     Samples   ------------------------------------------------------------------------------------------------------------------------------
           Pollutant, Sample           ---------------------------                                                                                                                              
                                        Grab  Compii  Grab   Comp     Grab       Comp     Grab     Comp       Grab       Comp       Grab      Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..................................   183     159   237    212     16.5        9.1    0.0        0.0      510.0        66.0       7.0        5.5      48.9       27.4      100.2       49.6  
COD...................................   185     158   242    210    146.1       82.0    0.0        0.0     1800.0       600.0      79.0       50.5     475.6      253.8      968.6      479.8  
Nitrate + Nitrite Nitrogen............   179     159   234    210      1.47       1.30   0.00       0.00      90.80       60.50      0.61       0.49      3.86       3.63       8.21       8.16 
Total Kjeldahl Nitrogen...............   185     159   242    211      2.25       1.46   0.00       0.00      24.00       15.00      1.40       1.10      6.73       4.23      12.70       7.39 
Oil & Grease..........................   188     N/A   245    N/A     14.0      N/A      0.0      N/A       1340.0       N/A         2.8      N/A        37.8      N/A         95.1      N/A    
pH....................................   161     N/A   215    N/A    N/A        N/A      2.6      N/A          9.5       N/A         7.3      N/A         9.6      N/A         11        N/A    
Total Phosphorus......................   184     157   238    208      1.09       0.61   0.00       0.00      37.40        6.80      0.32       0.29      3.64       2.16       9.30       4.72 
Total Suspended Solids................   185     158   242    210    466        360      0          0       4700       20900       159         90      2638       1448       9012       4615    
Zinc, Total...........................     7       5     7      5      0.294      0.159  0.031      0.020      1.100       0.370     0.17       0.08      1.111      0.680      2.434      1.496 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



                           Table P-5.--Statistics for Selected Pollutants Reported by United States Postal Service Facilities Submitting Part II Sampling Datai (mg/L)                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  # of          # of             Mean               Minimum             Maximum             Median        95th Percentile      99th Percentile  
                                               Facilities     Samples   ------------------------------------------------------------------------------------------------------------------------
              Pollutant, Sample              ---------------------------                                                                                                                        
                                              Grab  Compii  Grab   Comp     Grab       Comp     Grab      Comp      Grab       Comp     Grab    Comp      Grab       Comp      Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................................    16      16    22     22      8.1        9.2     0.0        0.0      25.0       62.0     5.5       4.8     22.6       25.2      38.0       44.5  
COD.........................................    16      16    22     22     51.4       33.8     5.6        0.0     350.0      190.0    26.5      19.5    148.2       95.5     291.5      167.6  
Nitrate + Nitrite Nitrogen..................    16      16    22     22      0.52       0.75    0.11       0.07      1.30       1.80    0.40      0.61     1.47       2.51      2.57       4.81 
Total Kjeldahl Nitrogen.....................    16      16    22     22      1.80       1.91    0.00       0.00     11.00      11.00    1.05      0.97     5.01       6.08      8.98      12.22 
Oil & Grease................................    16     N/A    22    N/A      5.4      N/A       0.0      N/A        21.0      N/A       4.4     N/A       16.0      N/A        27.3      N/A    
pH..........................................    16     N/A    22    N/A    N/A        N/A       0.1      N/A         8.4      N/A       6.7     N/A                 N/A                  N/A    
Total Phosphorus............................    16      16    22     22      0.46       0.47    0.00       0.00      2.50       3.40    0.28      0.20     1.41       1.79      2.77       4.48 
Total Suspended Solids......................    15      16    21     22     16         13       0          0        77         86       4         1       88         77       210        254    
Zinc, Total.................................    14      15    18     18      0.228      0.175   0.000      0.000     1.400      0.660   0.11      0.11     1.870      1.069     6.335      2.896 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                            Table P-6.--Statistics for Selected Pollutants Reported by Petroleum Bulk Stations and Terminals Submitting Part II Sampling Datai (mg/L)                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    # of          # of            Mean               Minimum             Maximum             Median         95th Percentile     99th Percentile 
                                                 Facilities     Samples   ----------------------------------------------------------------------------------------------------------------------
               Pollutant, Sample               ---------------------------                                                                                                                      
                                                Grab  Compii  Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab     Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..........................................    11      10    11     10     27.7      10.2       1.3       0.0     120.0      31.0      8.0       9.0     111.5      26.0     303.4      40.6 
COD...........................................    11      10    11     10    118.3      75.9      15.0       9.3     390.0     200.0     94.0      60.5     432.7     232.4     900.6     412.4 
Nitrate + Nitrite Nitrogen....................    11      10    11     10      1.07      0.74      0.00      0.00      5.10      2.90     0.35      0.39      4.83      3.20     13.44      7.51
Total Kjeldahl Nitrogen.......................    10       9    10      9      2.60      2.02      0.00      0.00      5.80      4.60     2.80      2.00      7.14      4.39     11.47      6.11
Oil & Grease..................................    11     N/A    11    N/A      8.8     N/A         0.0     N/A        28.0     N/A        5.4     N/A        36.7     N/A        78.5     N/A   
pH............................................    10     N/A    10    N/A    N/A       N/A         6.0     N/A         9.3     N/A        7.8     N/A         9.6     N/A        10.5     N/A   
Total Phosphorus..............................    11      10    11     10      0.61      0.45      0.00      0.04      4.60      2.0      0.12      0.27      1.90      1.71      4.82      3.92
Total Suspended Solids........................    11      10    11     10    253       151         6         0      1090       560      106        93      1612       633      5567     1387    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
iiComposite samples.                                                                                                                                                                            

3. Options for Controlling Pollutants
    The measures commonly implemented to reduce pollutants in storm 
water associated with vehicle and equipment maintenance and equipment 
cleaning operations are generally uncomplicated practices. The 
following table identifies best management practices (BMPs) associated 
with different activities that routinely take place at vehicle and 
equipment maintenance and equipment cleaning operations.

  Table P-7.--Common Storm Water Management Controls for Activities at Vehicle and Equipment Maintenance Shops  
----------------------------------------------------------------------------------------------------------------
                       Activity                                                   BMPs                          
----------------------------------------------------------------------------------------------------------------
Fueling..............................................  Use spill and overflow protection.                       
                                                       Minimize runon of storm water into the fueling area by   
                                                        grading the area such that storm water only runs off.   
                                                       Reduce exposure of the fuel area to storm water by       
                                                        covering the area.                                      
                                                       Use dry cleanup methods for fuel area rather than hosing 
                                                        the fuel area down.                                     
                                                       Use proper petroleum spill control.                      
                                                       Perform preventive maintenance on storage tanks to detect
                                                        potential leaks before they occur.                      
                                                       Inspect the fueling area to detect problems before they  
                                                        occur.                                                  
                                                       Train employees on proper fueling techniques.            
Vehicle and equipment maintenance....................  Maintain an organized inventory of materials used in the 
                                                        maintenance shop.                                       
                                                       Dispose of greasy rags, oil filters, air filters,        
                                                        batteries, spent coolant, and degreasers properly.      
                                                       Label and track the recycling of waste material (e.g.,   
                                                        used oil, spent solvents, batteries).                   

[[Page 50981]]
                                                                                                                
                                                       Drain oil filters before disposal or recycling.          
                                                       Drain and contain all fluids from wrecked vehicles and   
                                                        ``parts'' cars.                                         
                                                       Store cracked batteries in a nonleaking secondary        
                                                        container.                                              
                                                       Promptly transfer used fluids to the proper container; do
                                                        not leave full drip pans or other open containers around
                                                        the shop. Empty and clean drip pans and containers.     
                                                       Do not pour liquid waste down floor drains, sinks, or    
                                                        outdoor storm drain inlets.                             
                                                       Plug floor drains that are connected to the storm or     
                                                        sanitary sewer; if necessary, install a sump that is    
                                                        pumped regularly.                                       
                                                       Inspect the maintenance area regularly for proper        
                                                        implementation of control measures.                     
                                                       Train employees on proper waste control and disposal     
                                                        procedures.                                             
Outdoor vehicle and equipment storage and parking....  Use drip pans under all vehicles and equipment waiting   
                                                        for maintenance.                                        
                                                       Cover the storage area with a roof.                      
                                                       Inspect the storage yard for filling drip pans and other 
                                                        problems regularly.                                     
                                                       Train employees on procedures for storage and inspection 
                                                        items.                                                  
Locomotive sanding areas.............................  Cover sand storage piles.                                
                                                       Install sediment traps.                                  
                                                       Install curbs or dikes around storage piles to minimize  
                                                        storm water runon.                                      
Painting areas.......................................  Keep paint and paint thinner away from traffic areas to  
                                                        avoid spills.                                           
                                                       Spray paint in an Occupational Safety and Health Act     
                                                        (OSHA) approved hood.                                   
                                                       Use effective spray equipment that delivers more paint to
                                                        the target and less over-spray.                         
                                                       Avoid sanding in windy weather and collect and dispose of
                                                        waste properly.                                         
                                                       Recycle paint, paint thinner, and solvents.              
                                                       Inspect painting procedures to ensure that they are      
                                                        conducted properly.                                     
                                                       Train employees on proper sanding, painting, and spraying
                                                        techniques.                                             
 Vehicle or equipment washing areas..................  Avoid washing parts or equipment outside.                
                                                       Use phosphate-free biodegradable detergents.             
                                                       Designate an area for cleaning activities.               
                                                       Contain and recycle washwaters.                          
                                                       Ensure that washwaters drain well.                       
                                                       Inspect cleaning area regularly.                         
                                                       Train employees on proper washing procedures.            
Liquid storage in above ground storage...............  Maintain good integrity of all storage containers.       
                                                       Install safeguards (such as diking or berming) against   
                                                        accidental releases at the storage area.                
                                                       Inspect storage tanks to detect potential leaks and      
                                                        perform preventive maintenance.                         
                                                       Inspect piping systems (pipes, pumps, flanges, couplings,
                                                        hoses, and valves) for failures or leaks.               
                                                       Train employees on proper filling and transfer           
                                                        procedures.                                             
Cold weather activities..............................  Minimize salt application.                               
                                                       Use uncontaminated dirt or ash, if use is necessary.     
                                                       Train employees on proper salt, dirt, sand, or ash       
                                                        application                                             
Improper connections to storm sewer..................  Plug all floor drains connected to sanitary or storm     
                                                        sewer or if connection is unknown. Alternatively,       
                                                        install a sump that is pumped regularly.                
                                                       Perform smoke or dye testing to determine if             
                                                        interconnections exist between sanitary water system and
                                                        storm sewer system.                                     
                                                       Update facility schematics to accurately reflect all     
                                                        plumbing connections.                                   
                                                       Install a safeguard against vehicle washwaters entering  
                                                        the storm sewer unless permitted.                       
                                                       Maintain and inspect the integrity of all underground    
                                                        storage tanks; replace when necessary.                  
                                                       Train employees on proper disposal practices for all     
                                                        materials.                                              
----------------------------------------------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 1991, through December 31,     
  1992.                                                                                                         
EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive         
  Refinishing Industry.'' EPA/625/7-91/016.                                                                     
EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive Repair  
  Industry.'' EPA/625/7-91/013.                                                                                 
EPA, Office of Research and Development. May 1992. ``Facility Pollution Prevention Guide.'' EPA/600/R-92/088.   
EPA, Office of Water. September 1992. ``Storm Water Management for Industrial Activities--Developing Pollution  
  Prevention Plans and Best Management Practices.'' EPA 832-R-92-006.                                           
U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.                                             


4. Pollutant Control Measures Required Through Other EPA Programs
    EPA recognizes that other programs address the operation of vehicle 
and equipment maintenance and equipment cleaning operations. In 
particular, as described below, the Resource Conservation and Recovery 
Act (RCRA) and the Underground Storage Tank (UST) programs require 
careful management of materials used onsite which decreases the 
probability that storm water from such areas will be contaminated by 
these materials.
    Under the RCRA program, on September 10, 1992, EPA promulgated 
standards in 40 CFR Part 279 for the management of used oils that are 
recycled (57 FR 41566). These standards include requirements for used 
oil generators, transporters, processors/re-refiners, and burners. The 
standards for used oil generators apply to all generators, regardless 
of the amount of used oil they generate. Do-it-yourself (DIY) 
generators which generate used oil from the maintenance of their 
personal vehicles, however, are not subject to the management standards 
(Section 279.20(a)(1)).
    The requirements for used oil generators were designed to impose a 
minimal burden on generators while 

[[Page 50982]]
protecting human health and the environment from the risks associated 
with managing used oil. Under Subpart C of 40 CFR Part 279, used oil 
generators must not store used oil in units other than tanks, 
containers, or units subject to regulation under Part 264 or 265 of 40 
CFR (Section 279.22(a)). In other words, generators may store used oil 
in tanks or containers that are not subject to Subpart J (Hazardous 
Waste Tanks) or Subpart I (Containers) of Parts 264/265, as long as 
such tanks or containers are maintained in compliance with the used oil 
management standards. This does not preclude generators from storing 
used oil in Subpart J tanks or Subpart I containers or other units, 
such as surface impoundments (Subpart K), that are subject to 
regulation under Part 264 or 265.
    Storage units at generator facilities must be maintained in good 
condition and labeled with the words ``used oil.'' Upon detection of a 
release of used oil to the environment, a generator must take steps to 
stop the release, contain the released used oil, and properly manage 
the released used oil and other materials (Sections 279.22(b) to (d)). 
Generators storing used oil in underground storage tanks are subject to 
the UST regulations in 40 CFR Part 280.
    If used oil generators ship used oil offsite for recycling, they 
must use a transporter who has notified EPA and obtained an EPA 
identification number (Section 279.24).
    The technical standards for USTs at 40 CFR Part 280 require that 
new UST systems (defined as systems for which installation commenced 
after December 12, 1988) use overfill prevention equipment that will: 
1) automatically shut off flow into the tank when the tank is no more 
than 95 percent full; or 2) alert the transfer operator when the tank 
is no more than 90 percent full by restricting the flow into the tank 
or triggering a high level alarm. The preceding requirements do not 
apply to systems that are filled by transfers of no more than 25 
gallons at one time. Existing UST systems (defined as systems for which 
installation has commenced on or before December 12, 1988) are required 
to have installed the described overfill prevention equipment by 
December 12, 1998.
5. Special Conditions
    The permit conditions that apply to ground transportation 
facilities build upon the requirements set forth in the common permit 
conditions for storm water discharges from industrial activities 
described in the front of this fact sheet. The discussion that follows, 
therefore, only addresses conditions that differ from those required in 
that section.
    Due to concern that many non-storm water discharges may be present 
at vehicle and equipment cleaning and maintenance facilities, EPA is 
requiring that all facilities provide proof that these discharges are 
not commingled and are appropriately controlled so as to protect all 
receiving waters.
    Today's permit clarifies in Part III.A.2. (Prohibition of Non-storm 
Water Discharges) that non-storm water discharges, including vehicle 
and equipment washwaters, are not authorized by this permit. The 
operators of such non-storm water discharges must obtain coverage under 
a separate NPDES permit if discharged to waters of the U.S. or through 
a municipal separate storm sewer system or comply with applicable 
industrial pretreatment requirements if discharged to a municipal 
sanitary sewer system. In a related requirement under the storm water 
pollution prevention plan requirements, the permittee is required to 
attach a copy of the NPDES permit issued for vehicle washwaters or, if 
an NPDES permit has not yet been issued, a copy of pending application 
to the plan. For facilities that discharge vehicle and equipment 
washwaters to the sanitary sewer system, the operator of the sanitary 
system and associated treatment plant must be notified. A copy of the 
notification letter must be attached to the plan. If an industrial user 
permit is issued under a pretreatment program, a copy of that permit 
must be attached in the plan as does any other permit to which the 
facility is subject. Some facilities may use other methods of disposal, 
such as collecting and hauling the wash water offsite. In these cases, 
the facility must document how the wash water is disposed and attach 
all pertinent documentation of that disposal practice to the plan.
6. Storm Water Pollution Prevention Plan Requirements
    a. Description of Potential Pollutant Sources. Under the 
description of potential pollutant sources in the storm water pollution 
prevention plan requirements, permittees are required to include 
storage areas for vehicles and equipment awaiting maintenance on their 
facility site map. EPA believes that this is appropriate since this 
area may potentially be a significant source of pollutants to storm 
water.
    b. Measures and Controls. Under the description of measures and 
controls in the storm water pollution prevention plan requirements, 
this section requires that all areas that may contribute pollutants to 
storm waters discharges shall be maintained in a clean, orderly manner. 
This section also requires that the following areas must be 
specifically addressed:
    (1) Vehicle and Equipment Storage Areas. The storage of vehicles 
and equipment with actual or potential fluid leaks must be confined to 
designated areas (delineated on the site map). The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from these areas. The facility shall consider the use of drip 
pans under vehicles and equipment, indoor storage of the vehicles and 
equipment, installation of berming and diking of this area, use of 
absorbents, roofing or covering storage areas, cleaning pavement 
surface to remove oil and grease, or other equivalent methods.
    (2) Fueling Areas. The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from fueling areas. 
The facility shall consider covering the fueling area, using spill and 
overflow protection and cleanup equipment, minimizing runon of storm 
water to the fueling area, using dry cleanup methods, collecting the 
storm water runoff and providing treatment or recycling, or other 
equivalent measures.
    (3) Material Storage Areas. Storage units of all materials (e.g., 
used oil, used oil filters, spent solvents, paint wastes, radiator 
fluids, transmission fluids, hydraulic fluids) must be maintained in 
good condition, so as to prevent contamination of storm water, and 
plainly labeled (e.g., ``used oil,'' ``spent solvents,'' etc.). The 
plan must describe measures that prevent or minimize contamination of 
the storm water runoff from such storage areas. The facility shall 
consider indoor storage of the materials, installation of berming and 
diking of the area or other equivalent methods.
    (4) Vehicle and Equipment Cleaning Areas. The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for vehicle and equipment cleaning. The 
facility shall consider performing all cleaning operations indoors, 
covering the cleaning operation, ensuring that all washwaters drain to 
the intended collection system (i.e., not the storm water drainage 
system unless NPDES permitted), collecting the storm water runoff from 
the cleaning area and providing treatment or recycling, or other 
equivalent measures. The discharge of vehicle and equipment wash 
waters, including tank cleaning operations, are 

[[Page 50983]]
not authorized by this section and must be covered under a separate 
NPDES permit or discharged to a sanitary sewer in accordance with 
applicable industrial pretreatment requirements.
    (5) Vehicle and Equipment Maintenance Areas. The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for vehicle and equipment maintenance. The 
facility shall consider performing all maintenance activities indoors, 
using drip pans, maintaining an organized inventory of materials used 
in the shop, draining all parts of fluids prior to disposal, 
prohibiting the practice of hosing down the shop floor where the 
practice would result in the exposure of pollutants to storm water, 
using dry cleanup methods, collecting the storm water runoff from the 
maintenance area and providing treatment or recycling, or other 
equivalent measures.
    (6) Locomotive Sanding (Loading Sand for Traction) Areas. The plan 
must describe measures that prevent or minimize contamination of the 
storm water runoff from areas used for locomotive sanding (including 
locomotive sanding). The facility shall consider covering sanding 
areas, minimizing storm water runon/runoff, appropriate sediment 
removal practices to minimize the offsite transport of sanding material 
by storm water, or other equivalent measures.
    As documented earlier, these six areas are the common sources of 
pollutants in storm water from vehicle and equipment cleaning and 
maintenance activities. Based upon the information provided in part 1 
of the group application process, the suggested management measures are 
commonly used at ground transportation facilities. EPA believes that 
the incorporation of management practices such as those suggested, in 
conjunction with the baseline requirements, will substantially reduce 
the potential that these activities and areas will significantly 
contribute to the pollution of storm water discharges. In addition, EPA 
believes that these requirements continue to provide the necessary 
flexibility to address the variable risk for pollutants in storm water 
discharges associated with different facilities. Further, many 
facilities will find that management measures that they have already 
incorporated into the facility's operation, such as the installation of 
overfill protection equipment and labelling and maintenance of used oil 
storage units, that are already required under existing EPA programs 
will meet the requirements of this section.
    Under the inspection requirements of the storm water pollution 
prevention plan elements, this section requires that in addition to the 
comprehensive site evaluation required under Part XI of today's permit, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility, at a minimum, on a quarterly 
basis. The following areas shall be included in all inspections: 
storage areas for vehicles and equipment awaiting maintenance, fueling 
areas, vehicle and equipment maintenance areas (both indoors and 
outdoors), material storage areas, vehicle and equipment cleaning 
areas, and loading and unloading areas. A set of tracking or follow-up 
procedures shall be used to ensure that appropriate actions are taken 
in response to the inspections. Records of all inspections shall be 
maintained.
    The purpose of the inspections is to check on the implementation of 
the storm water pollution prevention plan. The inspections allow 
facility personnel to monitor the success or failure of elements of the 
plan on a regular basis. The discharger is encouraged to coordinate 
these quarterly inspections with the quarterly visual examinations of 
storm water discharges required under the monitoring section of the 
permit. The use of an inspection checklist is recommended. The 
checklist will ensure that all required areas are inspected, as well as 
help to meet the recordkeeping requirements.
    Under the employee training component of the storm water pollution 
prevention plan requirements, the permittee is required to identify 
annual (once per year) dates for such training. Employee training must, 
at a minimum, address the following areas when applicable to a 
facility: used oil management; spent solvent management; spill 
prevention and control; fueling procedures; general good housekeeping 
practices; proper painting procedures; and used battery management. 
Unlike some industrial operations, the industrial activities associated 
with vehicle and equipment maintenance that may affect storm water 
quality require the cooperation of many employees, not just one or two 
people. EPA, therefore, is requiring that employee training take place 
at least once a year to serve as: (1) training for new employees that 
may be involved in storm water pollution prevention; (2) a refresher 
course for existing employees involved in storm water pollution 
prevention; and (3) training for all affected employees on any storm 
water pollution prevention techniques recently incorporated into the 
plan.
7. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44(i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at facilities in this section of today's permit. Based 
on a consideration of the BMPs typically used at these facilities, and 
generally low pollutant values from the application data, EPA believes 
that the pollution prevention plan with visual observations of storm 
water discharges will help to ensure storm water contamination is 
minimized. Because permittees are not required to conduct sampling, 
they will be able to focus their resources on developing and 
implementing the pollution prevention plan.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen, lead and/or zinc are above the bench mark concentrations for 
the railroad transportation, local and highway passenger 
transportation, motor freight transportation and warehousing, and 
United States Postal services subsectors. After a review of the nature 
of industrial activities and the significant materials exposed to storm 
water described by facilities in these subsectors, EPA has determined 
that the higher concentrations of nitrate plus nitrite nitrogen, lead 
and/or zinc are not likely to be caused by the industrial activity, but 
may be primarily due to non-industrial activities on-site. Today's 
permit does not require railroad transportation, local and highway 
passenger transportation, motor freight transportation and warehousing, 
and United States Postal services facilities to conduct analytical 
monitoring for these parameters.
    Quarterly visual examinations of a storm water discharge from each 
outfall are required at ground transportation facilities. The 
examination must be of a 

[[Page 50984]]
grab sample collected from each storm water outfall. The examination of 
storm water grab samples shall include any observations of color, odor, 
turbidity, floating solids, foam, oil sheen, or other obvious 
indicators of storm water pollution. The examination must be conducted 
in a well lit area. No analytical tests are required to be performed on 
these samples.
    The examination must be made at least once in each designated 
period during facility operation in the daylight hours unless there is 
insufficient rainfall or snow-melt to runoff. EPA expects that, 
whenever practicable, the same individual should carry out the 
collection and examination of discharges throughout the life of the 
permit to ensure the greatest degree of consistency possible. 
Examinations shall be conducted in each of the following periods for 
the purposes of inspecting storm water quality associated with storm 
water runoff and snow melt: January through March; April through June; 
July through September; October through December. Grab samples shall be 
collected within the first 30 minutes (or as soon thereafter as 
practical, but not to exceed 60 minutes) of when the runoff begins 
discharging. Reports of the visual examination include: the examination 
date and time, examination personnel, visual quality of the storm water 
discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
results of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    As discussed above, EPA does not believe that chemical monitoring 
is necessary for facilities in this section of today's permit. EPA 
believes that between quarterly inspections, quarterly visual 
examinations, and site compliance evaluations potential sources of 
contaminants can be recognized, addressed, and then controlled with 
BMPs. In determining the monitoring requirements, EPA considered the 
nature of the industrial activities and significant materials exposed 
at these sites, and performed a review of data provided in Part 2 group 
applications.

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
    Special conditions have been developed for water transportation 
facilities that have vehicle and equipment maintenance shops (vehicle 
and equipment rehabilitation, mechanical repairs, painting, fueling, 
and lubrication) and equipment cleaning operations. Vehicle and 
equipment maintenance is a broad term used to include the following 
activities: vessel and equipment fluid changes, mechanical repairs, 
parts cleaning, sanding, blasting, welding, refinishing, painting, 
fueling, and storage of the related materials and waste materials, such 
as oil, fuel, batteries, or oil filters. Equipment cleaning operations 
include areas where vessel and vehicle exterior washdown takes place. 
The conditions in this section apply to storm water discharges from 
vehicle and equipment maintenance shops or cleaning operations located 
at water transportation facilities covered under the storm water 
application regulations (40 CFR 122.26) and applying for coverage under 
today's permit.
    The storm water application regulations define storm water 
discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
Category (viii) of this definition includes transportation facilities 
classified as Standard Industrial Classification (SIC) codes 40, 41, 42 
(except 4221-25), 43, 44, 45, and 5171 that have vehicle and equipment 
maintenance shops, equipment cleaning operations, or airport deicing 
operations. The category further states that only those portions of the 
facility that are either involved in vehicle and equipment maintenance 
(including vehicle and equipment rehabilitation, mechanical repairs, 
painting, fueling, and lubrication), equipment cleaning operations, or 
airport deicing operations are associated with industrial activity. The 
conditions in this section only apply to water transportation 
facilities.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Facilities covered by this section of today's permit are commonly 
identified by SIC code major group 44.
    SIC code 44 includes facilities primarily engaged in furnishing 
water transportation services. The following types of facilities are 
examples of those covered under SIC code 44:
    a. Deep Sea Foreign Transportation of Freight (SIC 4412).
    b. Deep Sea Domestic Transportation of Freight (SIC 4424).
    c. Freight Transportation on the Great Lakes--St. Lawrence Seaway 
(SIC 4432).
    d. Water Transportation of Freight, Not Elsewhere Classified (SIC 
4449). Including: canal barge operations; canal freight transportation; 
intracoastal 

[[Page 50985]]
freight transportation lake freight transportation, except on the Great 
Lakes; log rafting and towing; river freight transportation, except on 
the St. Lawrence Seaway; and transportation of freight on bays and 
sounds of the oceans.
    e. Deep Sea Transportation of Passengers, Except by Ferry (SIC 
4481).
    f. Ferries (SIC 4482). Including: car lighters (ferries); and 
railroad ferries.
    g. Water Transportation of Passengers, Not Elsewhere Classified 
(SIC 4489). Including: airboats (swamp buggy rides); excursion boat 
operations; passenger water transportation on rivers and canals; 
sightseeing boats; and water taxis.
    h. Marine Cargo Handling (SIC 4491). Including: docks, including 
buildings and facilities; loading vessels; marine cargo handling; 
piers, including buildings and facilities; ship hold cleaning; 
stevedoring; unloading vessels; and waterfront terminal operation.
    i. Towing and Tugboat Services (SIC 4492). Including: docking of 
ocean vessels; shifting of floating equipment within harbors; towing 
services, marine; tugboat service; and undocking of ocean vessels.
    j. Marinas (SIC 4493).97 Including: boat yards, storage and 
incidental repair; and yacht basins.

    \97\ ``Guidelines for the Determination of Regulatory Status of 
Marinas and Related Operations.'' Facilities that are ``primarily 
engaged'' in operating marinas are best classified as SIC 4493--
marinas. These facilities rent boat skips, store boats and generally 
perform a range of other marine services including boat cleaning and 
incidental boat repair. They frequently sell food, fuel, fishing 
supplies and may sell boats. For facilities classified as 4493 that 
are involved in vehicle (vessel) maintenance activities (including 
vehicle rehabilitation, mechanical repairs, painting, fueling, and 
lubrication) or equipment cleaning operations, those portions of the 
facility that are involved in such vehicle maintenance activities 
are considered to be associated with industrial activity and are 
covered under the storm water regulations.
    Facilities classified as 4493 that are not involved in equipment 
cleaning or vessel maintenance activities (including vehicle 
rehabilitation, mechanical repairs, painting, and lubrication) are 
not intended to be covered under 40 CFR Section 122.26(b)(14)(viii) 
of the storm water permit application regulations. The retail sale 
of fuel alone at marinas, without any other vessel maintenance or 
equipment cleaning operations, is not considered to be grounds for 
coverage under the storm water regulations.
---------------------------------------------------------------------------

    k. Water Transportation Services, Not Elsewhere Classified (SIC 
4499). Including: boat cleaning; boat hiring, except pleasure; boat 
livery, except pleasure; boat rental, commercial; canal operation; 
cargo salvaging, from distressed vessels; chartering of commercial 
boats; dismantling ships; lighterage; marine railways for drydocks; 
marine salvaging; marine surveyors, except cargo; marine wrecking, 
ships for scrap; piloting vessels in and out of harbors; ship cleaning, 
except hold cleaning; ship registers: survey and classification of 
ships and marine equipment; and steamship leasing.
2. Pollutants Found in Storm Water Discharges
    Table Q-1 lists potential pollutant source activities that commonly 
take place at water transportation vehicle maintenance and equipment 
cleaning operations.

  Table Q-1.--Industrial Activities, Pollutant Sources, and Pollutants  
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Pressure Washing.......  Wash water.............  Paint solids, heavy   
                                                   metals, suspended    
                                                   solids.              
Surface Preparation      Sanding; mechanical      Spent abrasives, paint
 Paint Removal Sanding.   grinding; abrasive       solids, heavy metals,
                          blasting; paint          solvents, dust.      
                          stripping.                                    
Painting...............  Paint and paint thinner  Paint solids, spent   
                          spills; spray            solvents, heavy      
                          painting; paint          metals, dust.        
                          stripping; sanding;                           
                          paint cleanup.                                
Engine Maintenance and   Parts cleaning; waste    Spent solvents, oil,  
 Repairs.                 disposal of greasy       heavy metals,        
                          rags, used fluids, and   ethylene glycol, acid/
                          batteries; use of        alkaline wastes,     
                          cleaners & degreasers;   detergents.          
                          fluid spills; fluid                           
                          replacement.                                  
Material Handling:       Fueling: spills; leaks;  Fuel, oil, heavy      
 Transfer Storage         and hosing area.         metals.              
 Disposal.                                                              
                         Liquid Storage in Above  Fuel, oil, heavy      
                          Ground Storage: spills   metals, material     
                          and overfills;           being stored.        
                          external corrosion;                           
                          failure of piping                             
                          systems.                                      
                         Waste Material Storage   Paint solids, heavy   
                          and Disposal: paint      metals, spent        
                          solids; solvents;        solvents, oil.       
                          trash; spent                                  
                          abrasives, petroleum                          
                          products.                                     
Shipboard Processes      Process & cooling        Biochemical oxygen    
 improperly discharged    water; sanitary waste;   demand (BOD),        
 to storm sewer or into   bilge & ballast water.   bacteria, suspended  
 receiving water.                                  solids, oil, fuel.   
------------------------------------------------------------------------
Sources: EPA, Office of Water and Hazardous Materials. December 1979.   
  ``Draft Development Document for Proposed Effluent Limitations        
  Guidelines and Standards for the Shipbuilding and Repair Industry.''  
  EPA/440/1-79/076-b.                                                   
University of South Alabama, College of Engineering. September 1992.    
  ``Best Management Practices for the Shipbuilding and Repair Industry  
  and for Bridge Maintenance Activities.'' College of Engineering Report
  No. 92-2.                                                             
NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
  1991, through December 31, 1992.                                      
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
  91/016.                                                               
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
  013.                                                                  
EPA, Office of Research and Development. May 1992. ``Facility Pollution 
  Prevention Guide.'' EPA/600/R-92/088.                                 
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             
U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.     

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at water 
transportation facilities having vehicle maintenance and/or equipment 
cleaning operations as a whole and not subdivide this sector. 
Therefore, Table Q-2 lists data for selected parameters from facilities 
in the water transportation sector. These data include the eight 
pollutants that all facilities were required to monitor for under Form 
2F, as well as the pollutants that EPA determined merit further 
monitoring.

                                                                        

[[Page 50986]]
                                            Table Q-2.--Statistics for Conventional Pollutants and Storm Water i (In mg/L Unless Otherwise Indicated)                                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 No. of        No. of            Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                               Facilities      Samples   -----------------------------------------------------------------------------------------------------------------------
            Pollutant Sample type            ----------------------------                                                                                                                       
                                               Grab   Comp   Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................................     15     14     15     14      8.6       6.0       0.0       0.0      39.0      11.0       7.0       6.0      36.3      13.4      76.3      18.7 
COD.........................................     15     14     15     14    130.9      75.8       0.0      10.0     500.0     203.0      93.0      50.5     588       254.8    1327.6     496.8 
Nitrate + Nitrite Nitrogen..................     15     14     15     14      4.23      0.66      0.00      0.00     54.00      1.61      0.60      0.65      8.61      1.89     23.9       3.07
Total Kjeldahl Nitrogen.....................     15     14     15     14      2.64      9.41      0.00      0.00     16.00    118.00      1.60      0.75      9.72     16.96     20.67     51.31
Oil & Grease................................     15    N/A     15    N/A     11.9     N/A         0.0     N/A        96.0     N/A         2.0     N/A        40.9     N/A       109.9     N/A   
pH (s.u)....................................     15     11     15    N/A    N/A       N/A         4.1     N/A         8.8     N/A         7.0     N/A         9.5     N/A        10.8     N/A   
Total Phosphorus............................     15     14     15     14      0.27      0.15      0.00      0.00      1.20      0.32      0.10      0.17      1.32      0.51      3.19       .90
Total Suspended Solids......................     15     14     15     14    634       224         3         5      4330       944       135        68      3906      1116      1635.2    3351   
Aluminum....................................      4      3      4      3      3.1       2.2       0.2       0.2       6.3       5.4       3.0       1.0      24.4      14.2      81.2      40.9 
Iron........................................      4      3      4      3     26.7       5.0       0.2       0.4      94.0       8.9       6.3       5.7     N/A        40.6      40.9     122.8 
Lead........................................      4      3      4      3      0.2       0.1       0.0       0.0       0.7       0.1       0.1       0.1     N/A          .1     N/A         0.2 
Zinc........................................      4      3      4      3      0.7       0.4       0.1       0.2       2.2       0.9       0.2       0.2     N/A         1.3     N/A         2.4 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Mean, Maximum, Minimum, Median, and Percentiles include all detects and nondetects.                                                                                                           
ii Composite samples.                                                                                                                                                                           
Note: There is no information for 95th percentile columns.                                                                                                                                      


3. Options for Controlling Pollutants
    The measures commonly implemented to reduce pollutants in storm 
water associated with water transportation vehicle maintenance and/or 
equipment cleaning operations are generally simple to implement and are 
uncomplicated practices. Table Q-3 identifies Best Management Practices 
(BMPs) associated with different activities that routinely take place 
at water transportation facilities with vehicle maintenance and 
equipment cleaning operations.

     Table Q-3.--Industrial Activities and Potential Best Management    
                                Practices                               
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
Pressure washing.........  Collect discharge water and remove all       
                            visible solids before discharging to a sewer
                            system, or where permitted, to a drainage   
                            system, or receiving water.                 
                           Perform pressure washing only in designated  
                            areas where wash water containment can be   
                            effectively achieved.                       
                           Use no detergents or additives in the        
                            pressure wash water.                        
                           Direct deck drainage to a collection system  
                            sump for settling and/or additional         
                            treatment.                                  
                           Implement diagonal trenches or berms and     
                            sumps to contain and collect wash water at  
                            marine railways.                            
                           Use solid decking, gutters, and sumps at lift
                            platforms to contain and collect wash water 
                            for possible reuse.                         
Surface preparation,       Enclose, cover, or contain blasting and      
 sanding, and paint         sanding activities to the extent practical  
 removal.                   to prevent abrasives, dust, and paint chips 
                            from reaching storm sewers or receiving     
                            water.                                      
                           Where feasible, cover drains, trenches, and  
                            drainage channels to prevent entry of       
                            blasting debris to the system.              
                           Prohibit uncontained blasting or sanding     
                            activities performed over open water.       
                           Prohibit blasting or sanding activities      
                            performed during windy conditions which     
                            render containment ineffective.             
                           Inspect and clean sediment traps to ensure   
                            the interception and retention of solids    
                            prior to entering the drainage system.      
                           Sweep accessible areas of the drydock to     
                            remove debris and spent sandblasting        
                            material prior to flooding.                 
                           Collect spent abrasives routinely and store  
                            under a cover to await proper disposal.     
Painting.................  Enclose, cover, or contain painting          
                            activities to the maximum extent practical  
                            to prevent overspray from reaching the      
                            receiving water.                            
                           Prohibit uncontained spray painting          
                            activities over open water.                 
                           Prohibit spray painting activities during    
                            windy conditions which render containment   
                            ineffective.                                
                           Mix paints and solvents in designated areas  
                            away from drains, ditches, piers, and       
                            surface waters, preferably indoors or under 
                            cover.                                      
                           Have absorbent and other cleanup items       
                            readily available for immediate cleanup of  
                            spills.                                     
                           Allow empty paint cans to dry before         
                            disposal.                                   
                           Keep paint and paint thinner away from       
                            traffic areas to avoid spills.              
                           Recycle paint, paint thinner, and solvents.  
                           Train employees on proper painting and       
                            spraying techniques, and use effective spray
                            equipment that delivers more paint to the   
                            target and less overspray.                  
Drydock maintenance......  Clean and maintain drydock on a regular basis
                            to minimize the potential for pollutants in 
                            the storm water runoff.                     
                           Sweep accessible areas of the drydock to     
                            remove debris and spent sandblasting        
                            material prior to flooding.                 
                           If hosing must be used as a removal method,  
                            collect wash water to remove solids and     
                            potential metals.                           
                           Clean the remaining areas of the dock after a
                            vessel has been removed and the dock raised.
                           Remove and properly dispose of floatable and 
                            other low-density waste (wood, plastic,     
                            insulations, etc.).                         
Drydocking...............  Use plastic barriers beneath the hull,       
                            between the hull and drydock walls for      
                            containment.                                
                           Use plastic barriers hung from the flying    
                            bridge of the drydock, from the bow or stern
                            of the vessel, or from temporary structures 
                            for containment.                            

[[Page 50987]]
                                                                        
                           Weight the bottom edge of the containment    
                            tarpaulins or plastic sheeting during a     
                            light breeze.                               
                           Use plywood and/or plastic sheeting to cover 
                            open areas between decks when sandblasting  
                            (scuppers, railings, freeing ports, ladders,
                            and doorways).                              
                           Install tie rings or cleats, cable suspension
                            systems, or scaffolding to make             
                            implementation containment easier.          
Nondrydock containment...  Hang tarpaulin from the boat, fixed, or      
                            floating platforms to reduce pollutants     
                            transported by wind.                        
                           Pave or tarp surfaces under marine railways. 
                           Clean railways before the incoming tide.     
                           Haul vessels beyond the high tide zone before
                            work commences or halt work during high     
                            tide.                                       
                           Place plastic sheeting or tarpaulin          
                            underneath boats to contain and collect     
                            waste and spent materials and clean and     
                            sweep regularly to remove debris.           
                           Use fixed or floating platforms with         
                            appropriate plastic or tarpaulin barriers as
                            work surfaces and for containment when work 
                            is performed on a vessel in the water to    
                            prevent blast material or paint overspray   
                            from contacting storm water or the receiving
                            water.                                      
                           Sweep, rather than hose, debris present on   
                            the dock.                                   
Engine maintenance and     Maintain an organized inventory of materials 
 repairs.                   used in the maintenance shop.               
                           Dispose of greasy rag, oil filters, air      
                            filters, batteries, spent coolant, and      
                            degreasers properly.                        
                           Label and track the recycling of waste       
                            material (i.e., used oil, spent solvents,   
                            batteries).                                 
                           Drain oil filters before disposal or         
                            recycling.                                  
                           Store cracked batteries in a nonleaking      
                            secondary container.                        
                           Promptly transfer used fluids to the proper  
                            container; do not leave full drip pans or   
                            other open containers around the shop. Empty
                            and clean drip pans and containers.         
                           Do not pour liquid waste down floor drains,  
                            sinks, or outdoor storm drain inlets.       
                           Plug floor drains that are connected to the  
                            storm or sanitary sewer; if necessary,      
                            install a sump that is pumped regularly.    
                           Inspect the maintenance area regularly for   
                            proper implementation of control measures.  
                           Train employees on proper waste control and  
                            disposal procedures.                        
Material Handling: Bulk    Store permanent tanks in a paved area        
 liquid storage and         surrounded by a dike system which provides  
 containment.               sufficient containment for the larger of    
                            either 10 percent of the volume of all      
                            containers or 110 percent of the volume of  
                            the largest tank.                           
                           Maintain good integrity of all storage tanks.
                           Inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           Inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, valves) for      
                            failures or leaks.                          
                           Train employees on proper filling and        
                            transfer procedures.                        
Material Handling:         Store containerized materials (fuels, paints,
 Containerized material     solvents, etc.) in a protected, secure      
 storage.                   location and away from drains.              
                           Store reactive, ignitable, or flammable      
                            liquids in compliance with the local fire   
                            code.                                       
                           Identify potentially hazardous materials,    
                            their characteristics, and use.             
                           Control excessive purchasing, storage, and   
                            handling of potentially hazardous materials.
                           Keep records to identify quantity, receipt   
                            date, service life, users, and disposal     
                            routes.                                     
                           Secure and carefully monitor hazardous       
                            materials to prevent theft, vandalism, and  
                            misuse of materials.                        
                           Educate personnel for proper storage, use,   
                            cleanup, and disposal of materials.         
                           Provide sufficient containment for outdoor   
                            storage areas for the larger of either 10   
                            percent of the volume of all containers or  
                            110 percent of the volume of the largest    
                            tank.                                       
                           Use temporary containment where required by  
                            portable drip pans.                         
                           Use spill troughs for drums with taps.       
Material Handling........  Mix paints and solvents in designated areas  
                            away from drains, ditches, piers, and       
                            surface waters. Locate designated areas     
                            preferably indoors or under a shed.         
Designated material        If spills occur,                             
 mixing areas.              Stop the source of the spill        
                            immediately.                                
                            Contain the liquid until cleanup is 
                            complete.                                   
                            Deploy oil containment booms if the 
                            spill may reach the water.                  
                            Cover the spill with absorbent      
                            material.                                   
                            Keep the area well ventilated.      
                            Dispose of cleanup materials        
                            properly.                                   
                            Do not use emulsifier or dispersant.
Shipboard process water    Keep process and cooling water used aboard   
 handling.                  ships separate from sanitary wastes to      
                            minimize disposal costs for the sanitary    
                            wastes.                                     
                           Keep process and cooling water from contact  
                            with spent abrasives and paint to avoid     
                            discharging these pollutants.               
                           Inspect connecting hoses for leaks.          
Shipboard sanitary waste   Discharge sanitary wastes from the ship being
 disposal.                  repaired to the yard's sanitary system or   
                            dispose of by a commercial waste disposal   
                            company.                                    
                           Use appropriate material transfer procedures,
                            including spill prevention and containment  
                            activities.                                 
Bilge and Ballast water..  Collect and dispose of bilge and ballast     
                            waters which contain oils, solvents,        
                            detergents, or other additives to a licensed
                            waste disposal company.                     
------------------------------------------------------------------------
Sources: University of South Alabama, College of Engineering. September 
  1992. ``Best Management Practices for the Shipbuilding and Repair     
  Industry and for Bridge Maintenance Activities.'' College of          
  Engineering Report No. 92-2.                                          

[[Page 50988]]
                                                                        
NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
  1991 through December 31, 1992.                                       
EPA, Office of Water. January 1993. ``Guidance Specifying Management    
  Measures for Sources of Nonpoint Pollution in Coastal Waters.'' 840-B-
  92-002.                                                               


4. Pollutant Control Measures Required Through Other EPA Programs
    EPA recognizes that the Resource Conservation and Recovery Act 
(RCRA) and the Underground Storage Tank (UST) programs require careful 
management of materials used at Water Transportation Facilities and 
Boat Building & Repairing Facilities.
    Under the RCRA program, on September 10, 1992, EPA promulgated 
standards in 40 CFR Part 279 for the management of used oils that are 
recycled (57 FR 41566). These standards include requirements for used 
oil generators, transporters, processors/re-refiners, and burners. The 
standards for used oil generators apply to all generators, regardless 
of the amount of used oil they generate. Do-it-yourself (DIY) 
generators which generate used oil from the maintenance of their 
personal vehicles, however, are not subject to the management standards 
(Section 279.20(a)(1)).
    The requirements for used oil generators were designed to impose a 
minimal burden on generators while protecting human health and the 
environment from the risks associated with managing used oil. Under 
Subpart C of 40 CFR Part 279, used oil generators must not store used 
oil in units other than tanks, containers, or units subject to 
regulation under Part 264 or 265 of 40 CFR (Section 279.22(a)). In 
other words, generators may store used oil in tanks or containers that 
are not subject to Subpart J (Hazardous Waste Tanks) or Subpart I 
(Containers) of Parts 264/265, as long as such tanks or containers are 
maintained in compliance with the used oil management standards. This 
does not preclude generators from storing used oil in Subpart J tanks 
or Subpart I containers or other units, such as surface impoundments 
(Subpart K), that are subject to regulation under Part 264 or 265.
    Storage units at generator facilities must be maintained in good 
condition and labeled with the words ``used oil.'' Upon detection of a 
release of used oil to the environment, a generator must take steps to 
stop the release, contain the released used oil, and properly manage 
the released used oil and other materials (Section 279.22(b) to (d)). 
Generators storing used oil in underground storage tanks are subject to 
the UST regulations (40 CFR Part 280).
    If used oil generators ship used oil offsite for recycling, they 
must use a transporter who has notified EPA and obtained an EPA 
identification number (Section 279.24).
    The technical standards for USTs at 40 CFR Part 280 require that 
new UST systems (defined as systems for which installation commenced 
after December 12, 1988) use overfill prevention equipment that will: 
(1) Automatically shut off flow into the tank when the tank is no more 
than 95 percent full; or (2) alert the transfer operator when the tank 
is no more than 90 percent full by restricting the flow into the tank 
or triggering a high level alarm. The preceding requirements do no 
apply to systems that are filled by transfers of no more than 25 
gallons at one time. Existing UST systems (defined as systems for which 
installation has commenced on or before December 12, 1988) are required 
to have installed the described overfill prevention equipment by 
December 12, 1998.
5. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
non-storm water discharges prohibited in part III.A of the permit, this 
section specifically prohibits the following: bilge and ballast water, 
pressure wash water, sanitary wastes, and cooling water originating 
from vessels are not authorized by this section. The operators of such 
discharges must obtain coverage under a separate NPDES permit if 
discharged to waters of the U.S. or through a municipal separate storm 
sewer system. Certain non-storm water discharges, however, may be 
authorized by this permit. Part III.A.2 of today's permit lists these 
discharges.
    This section does not authorize the non-storm water discharge of 
pressure wash water. Pressure washing is used to remove marine growth 
from vessels. EPA has found that unpermitted releases of pressure wash 
water is a habitual problem at water transportation facilities. Marine 
growths and paint debris found in the wash water can contain 
significant quantities of heavy metals, and this water cannot be 
discharged.
6. Storm Water Pollution Prevention Plan Requirements
    The conditions that apply to water transportation facilities with 
vehicle maintenance and/or equipment cleaning operations build upon the 
requirements set forth in the baseline conditions permit for storm 
water discharges from industrial activities discussed previously.
    a. Contents of the Plan.
    (1) Description of Potential Pollutant Sources.
    Under the description of potential pollutant sources in the storm 
water pollution prevention plan requirements, permittees are required 
to include the location(s) on their facility site map where engine 
maintenance and repair work, vessel maintenance and repair work, and 
pressure washing are performed. This requirement is the same as the 
permit conditions listed in the front section of this factsheet, which 
are based on the baseline general permit of September 9, 1992 Here it 
is expressed in more appropriate terms for the water transportation 
industry. The baseline general permit includes ``vehicle and equipment 
maintenance and/or cleaning areas.'' The language ``processing areas'', 
as described under the baseline general permit, has been specified to 
include painting, blasting, welding, and metal fabrication for this 
section. EPA believes that this specificity is appropriate for the 
water transportation industry and that these areas may potentially be a 
significant source of pollutants to storm water. Rather than requiring 
the location of ``storage areas'' as in the baseline general permit, 
this storm water pollution prevention plan specifies that the location 
of liquid storage areas (i.e., paint, solvents, resins) and material 
storage areas (i.e., blasting media, aluminum, steel) be shown. This 
again is the same requirement, but it is expressed in more specific 
terms for this industry. In addition, the site map must also indicate 
the outfall locations and the types of discharges contained in the 
drainage areas of the outfalls (e.g. storm water and air conditioner 
condensate). 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.
    (2) Measures and Controls.
    Under the description of measures and controls in the storm water 
pollution prevention plan requirements, this section requires that all 
areas that may contribute pollutants to storm waters discharges shall 
be maintained in a clean, orderly manner. This section also requires 
that the following areas must be specifically addressed:
    (a) Pressure Washing Area--When pressure washing is used to remove 

[[Page 50989]]
    marine growth from vessels, the discharge water must be permitted by an 
NPDES permit. The plan must describe the measures to collect or contain 
the discharge from the pressure washing area, detail the method for the 
removal of the visible solids, describe the method of disposal of the 
collected solids, and identify where the discharge will be released 
(i.e., the receiving waterbody, storm sewer system, sanitary sewer 
system).
    (b) Blasting and Painting Areas--The facility must consider 
containing all blasting and painting activities to prevent abrasives, 
paint chips, and overspray from reaching the receiving water or the 
storm sewer system. The plan must describe measures taken at the 
facility to prevent or minimize the discharge of spent abrasive, paint 
chips, and paint into the receiving waterbody and storm sewer system. 
The facility may consider hanging plastic barriers or tarpaulins during 
blasting or painting operations to contain debris. Where required, a 
schedule for cleaning storm systems to remove deposits of abrasive 
blasting debris and paint chips should be addressed within the plan. 
The plan should include any standard operating practices with regard to 
blasting and painting activities. Such included items may be the 
prohibition of performing uncontained blasting and painting over open 
water or blasting and painting during windy conditions which can render 
containment ineffective.
    (3) Material Storage Areas--All stored and containerized materials 
(fuels, paints, solvents, waste oil, antifreeze, batteries) must be 
stored in a protected, secure location away from drains and plainly 
labeled. The plan must describe measures that prevent or minimize 
contamination of the storm water runoff from such storage areas. The 
facility must specify which materials are stored indoors and consider 
containment or enclosure for materials that are stored outdoors. Above 
ground storage tanks, drums, and barrels permanently stored outside 
must be delineated on the site map with a description of the 
containment measures in place to prevent leaks and spills. The facility 
must consider implementing an inventory control plan to prevent 
excessive purchasing, storage, and handling of potentially hazardous 
materials. Those facilities where abrasive blasting is performed must 
specifically include a discussion on the storage and disposal of spent 
abrasive materials generated at the facility.
    (d) Engine Maintenance and Repair Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for engine maintenance and repair. The 
facility may consider performing all maintenance activities indoors, 
maintaining an organized inventory of materials used in the shop, 
draining all parts of fluids prior to disposal, prohibiting the 
practice of hosing down the shop floor, using dry cleanup methods, and/
or collecting the storm water runoff from the maintenance area and 
providing treatment or recycling.
    (e) Material Handling Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
material handling operations and areas (i.e., fueling, paint & solvent 
mixing, disposal of process wastewater streams from vessels). The 
facility may consider covering fueling areas; using spill and overflow 
protection; mixing paints and solvents in a designated area, preferably 
indoors or under a shed; and minimizing runon of storm water to 
material handling areas. Where applicable, the plan must address the 
replacement or repair of leaking connections, valves, pipes, hoses, and 
soil chutes carrying wastewater from vessels.
    (f) Drydock Activities--The plan must address the routine 
maintenance and cleaning of the drydock to minimize the potential for 
pollutants in the storm water runoff. The plan must describe the 
procedures for cleaning the accessible areas of the drydock prior to 
flooding and final cleanup after the vessel is removed and the dock is 
raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
the drydock must also be included within the plan. The facility should 
consider items such as sweeping rather than hosing off debris and spent 
blasting material from the accessible areas of the drydock prior to 
flooding and having absorbent materials and oil containment booms 
readily available to contain and cleanup any spills.
    (g) General Yard Area--The plan must include a schedule for routine 
yard maintenance and cleanup. Scrap metal, wood, plastic, miscellaneous 
trash, paper, glass, industrial scrap, insulation, welding rods, 
packaging, etc., must be routinely removed from the general yard area. 
The facility may consider such measures as providing covered trash 
receptacles in each yard, on each pier, and on board each vessel being 
repaired.
    These seven areas are the common sources of pollutants in storm 
water runoff from water transportation facilities which have vehicle 
maintenance and/or equipment cleaning activities. Based upon the 
September 1992 ``Best Management Practices for the Shipbuilding and 
Repair Industry and for Bridge Maintenance Activities'' prepared by the 
College of Engineering at the University of South Alabama, the 
suggested management measures are commonly used at water transportation 
facilities. EPA believes that the incorporation of management practices 
such as those suggested will substantially reduce the potential that 
these activities and areas will significantly contribute to the 
pollution of storm water discharges. In addition, EPA believes that 
these requirements continue to provide the necessary flexibility to 
address the variable risk for pollutants in storm water discharges 
associated with different facilities. Further, many facilities will 
find that management measures that they have already incorporated into 
the facility's operation, such as the installation of overfill 
protection equipment and labelling and maintenance of used oil storage 
units, that are already required under existing EPA programs will meet 
the requirements of this section.
    Under the preventive maintenance requirements of the storm water 
pollution prevention plan elements, the plan specifically includes the 
routine inspection of sediment traps to ensure that spent abrasives, 
paint chips, and solids will be intercepted and retained prior to 
entering the storm drainage system. Because of the nature of operations 
such as abrasive blasting which occur at water transportation 
facilities, specific routine attention needs to be placed on the 
collection and proper disposal of spent abrasive materials, paint 
chips, and other solids.
    Under the inspection requirements of the storm water pollution 
prevention plan elements, qualified facility personnel shall be 
identified to inspect designated equipment and areas of the facility, 
at a minimum, on a monthly basis. The following areas shall be included 
in all inspections: pressure washing area, blasting and painting areas, 
material storage areas, engine maintenance and repair areas, material 
handling areas, drydock area, and general yard area. A set of tracking 
or follow-up procedures shall be used to ensure that appropriate 
actions are taken in response to the inspections. Records shall be 
maintained.
    The purpose of the inspections is to check on the implementation of 
the storm water pollution prevention plan. The inspections allow 
facility personnel to monitor the success or failure of elements of the 
plan on a regular basis. The use of an inspection checklist is highly 
encouraged. The checklist will ensure that all required areas are 

[[Page 50990]]
inspected, as well as help to meet the record keeping requirements.
    Under the employee training component of the storm water pollution 
prevention plan requirements, the permittee is required to identify at 
least annual (once per year) dates for such training. Employee training 
must, at a minimum address the following areas when applicable to a 
facility: used oil management; spent solvent management; proper 
disposal of spent abrasives; proper disposal of vessel wastewaters, 
spill prevention and control; fueling procedures; general good 
housekeeping practices; proper painting and blasting procedures; and 
used battery management. Employees, independent contractors, and 
customers must be informed about BMPs and be required to perform in 
accordance with these practices. The facility must consider posting 
easy to read descriptions or graphic depictions of BMPs and emergency 
phone numbers in the work areas. Unlike some industrial operations, the 
industrial activities associated with water transportation facilities 
that may affect storm water quality require the cooperation of all 
employees. EPA, therefore, is requiring that employee training take 
place at least once a year to serve as: (1) Training for new employees; 
(2) a refresher course for existing employees; (3) training for all 
employees on any storm water pollution prevention techniques recently 
incorporated into the plan; and (4) a forum for the facility to invite 
independent contractors and customers to inform them on pollution 
prevention procedures and requirements.
Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. Under the revised 
methodology for determining pollutants of concern for the various 
industrial sectors water transportation facilities must perform 
analytical monitoring. Facilities must collect and analyze samples of 
their storm water discharges for the pollutants listed in Table Q-4. 
The median levels of the pollutants listed in Table Q-4 were found to 
be above benchmark levels for water transportation facilities that 
submitted quantitative data in the group application process. EPA is 
requiring monitoring after the pollution prevention plan has been 
implemented to ensure that a reduction of pollutants is realized.
    At a minimum, storm water discharges from water transportation 
facilities must be monitored quarterly during the second year of permit 
coverage. Samples must be collected at least once in each of the 
following periods: January through March; April through June; July 
through September; and October through December. At the end of the 
second year of permit coverage, a facility must calculate the average 
concentration for each parameter listed in Table Q-4. If the permittee 
collects more than four samples in this period, then they must 
calculate an average concentration for each pollutant of concern for 
all samples analyzed.

              Table Q-4.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                           Cut-off      
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Aluminum........................  0.75 mg/L.          
Total Recoverable Iron............................  1.0 mg/L.           
Total Recoverable Lead............................  0.0816 mg/L.        
Total Recoverable Zinc............................  0.065 mg/L.         
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Table Q-4, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration listed in Table Q-4, then the 
permittee is required to conduct quarterly monitoring for that 
parameter during the fourth year of permit coverage. Monitoring is not 
required during the first, third, and fifth year of the permit. The 
exclusion from monitoring in the fourth year of the permit is 
conditional on the facility maintaining industrial operations and BMPs 
that will ensure a quality of storm water discharges consistent with 
the average concentrations recorded during the second year of the 
permit. The schedule of monitoring is presented in Table Q-5.

                                       Table Q-5.--Schedule of Monitoring                                       
                                                                                                                
                                                                                                                
2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                        Calculate the average concentration for all     
                                                        parameters analyzed during this period.                 
                                                        If average concentration is greater than the    
                                                        value listed in Table Q-5, then quarterly sampling is   
                                                        required during the fourth year of the permit.          
                                                        If average concentration is less than or equal  
                                                        to the value listed in Table Q-5, then no further       
                                                        sampling is required for that parameter.                
4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                        where the average concentration in year 2 of the permit 
                                                        is greater than the value listed in Table Q-5.          
                                                        If industrial activities or the pollution       
                                                        prevention plan have been altered such that storm water 
                                                        discharges may be adversely affected, quarterly         
                                                        monitoring is required for all parameters of concern.   

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 

[[Page 50991]]
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, on a pollutant-by-pollutant basis in lieu of 
monitoring reports required under paragraph c below under penalty of 
law, signed in accordance with Part VII.G. (Signatory Requirements), 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, significant materials from past 
industrial activity, that are located in areas of the facility that are 
within the drainage area of the outfall are not presently exposed to 
storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA. In the case of 
certifying that a pollutant is not present, the permittee must submit 
the certification along with the monitoring reports required under 
paragraph (c) below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations. EPA does not expect facilities to be able to 
exercise this certification for indicator parameters, such as TSS and 
BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
per storm event sampled. For facilities conducting monitoring beyond 
the minimum requirements an additional Discharge Monitoring Report Form 
must be filed for each analysis. The permittee must include a 
measurement or estimate of the total precipitation, volume of runoff, 
and peak flow rate of runoff for each storm event sampled.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required at water transportation facilities. The examination must be of 
a grab sample collected from each storm water outfall. The examination 
of storm water grab samples shall include any observations of color, 
odor, clarity, floating solids, settled solids, suspended solids, foam, 
oil sheen, or other obvious indicators of storm water pollution. The 
examination must be conducted in a well lit area. No analytical tests 
are required to be performed on these samples.
    The examination must be made at least once in each of the 
designated periods during daylight unless there is insufficient 
rainfall or snow-melt to runoff. Where practicable, the same individual 
should carry out the collection and examination of discharges 
throughout the life of the permit to ensure the greatest degree of 
consistency possible. Grab samples shall be collected within the first 
30 minutes (or as soon thereafter as practical, but not to exceed 60 
minutes) of when the runoff begins discharging. Reports of the visual 
examination include: the examination date and time, examination 
personnel, visual quality of the storm water discharge, and probable 
sources of any observed storm water contamination. The visual 
examination reports must be maintained onsite with the pollution 
prevention plan. The visual examination must be conducted in each of 
the following periods: January through March; April through June; July 
through September; and October through December.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain such documentation on-site with the 
results of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful 

[[Page 50992]]
results upon which the facility may act quickly. The frequency of this 
visual examination will also allow for timely adjustments to be made to 
the plan. If BMPs are performing ineffectively, corrective action must 
be implemented. A set of tracking or follow-up procedures must be used 
to ensure that appropriate actions are taken in response to the 
inspections. The visual examination is intended to be performed by 
members of the pollution prevention team. This hands-on examination 
will enhance the staff's understanding of the storm water problems on 
that site and the effects of the management practices that are included 
in the plan.

R. Storm Water Discharges Associated With Industrial Activity From Ship 
and Boat Building or Repairing Yards

1. Discharges Covered Under This Section
    The storm water application regulations define storm water 
discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
Category (ii) of this definition includes facilities commonly 
identified by Standard Industrial Classification (SIC) codes 24 (except 
2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 311, 32 
(except 323), 33, 3441, and 373. The conditions in this section apply 
to those facilities primarily engaged in ship and boat building and 
repairing services (SIC code 373). The following is a list of the types 
of facilities engaged in ship and boat building and repairing services:
    a. Ship Building and Repairing (SIC code 3731)--These are 
establishments primarily engaged in building and repairing ships, 
barges, and lighters, whether self-propelled or towed by other crafts. 
The industry also includes the conversion and alteration of ships and 
the manufacture of off-shore oil and gas well drilling and production 
platforms (whether or not self-propelled). Examples include building 
and repairing of barges, cargo vessels, combat ships, crew boats, 
dredges, ferryboats, fishing vessels, lighthouse tenders, naval ships, 
offshore supply boats, passenger-cargo vessels, patrol boats, sailing 
vessels, towboats, trawlers, and tugboats.
    b. Boat Building and Repairing (SIC code 3732)--These facilities 
are primarily engaged in building and repairing boats. Examples include 
building and repairing of fiberglass boats, motor-boats, sailboats, 
rowboats, canoes, dinghies, dories, small fishing boats, houseboats, 
kayaks, lifeboats, pontoons, and skiffs.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants Found in Storm Water Discharges
    Special conditions have been developed for boat and ship building 
and repairing operations. Common activities at ship and boat yards 
include: vessel and equipment cleaning fluid changes, mechanical 
repairs, parts cleaning, sanding, blasting, welding, refinishing, 
painting, fueling, and storage of the related materials and waste 
materials, such as oil, fuel, batteries, or oil filters. All of these 
areas are potential sources of pollutants to storm water discharges. 
Table R-1 lists pollutants associated with activities that commonly 
take place at Ship Building and Repairing Facilities (SIC 3731) and 
Boat Building and Repairing Facilities (SIC 3732).

   Table R-1.--Common Pollutant Sources at Ship and Boat Building and   
                          Repairing Facilities                          
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Pressure Washing.......  Wash water.............  Paint solids, heavy   
                                                   metals, suspended    
                                                   solids.              
Surface Preparation,     Sanding; mechanical      Spent abrasives, paint
 Paint Removal, Sanding.  grinding; abrasive       solids, heavy metals,
                          blasting; paint          solvents, dust.      
                          stripping.                                    
Painting...............  Paint and paint thinner  Paint solids, spent   
                          spills; spray            solvents, heavy      
                          painting; paint          metals, dust.        
                          stripping; sanding;                           
                          paint cleanup.                                
Engine Maintenance and   Parts cleaning; waste    Spent solvents, oil,  
 Repairs.                 disposal of greasy       heavy metals,        
                          rags, used fluids, and   ethylene glycol, acid/
                          batteries; use of        alkaline wastes,     
                          cleaners and             detergents.          
                          degreasers; fluid                             
                          spills; fluid                                 
                          replacement.                                  
Material Handling:       Fueling: spills; leaks;  Fuel, oil, heavy      
 Transfer Storage         and hosing area.         metals.              
 Disposal.                                                              
                         Liquid Storage in Above  Fuel, oil, heavy      
                          Ground Storage: spills   metals, material     
                          and overfills;           being stored.        
                          external corrosion;                           
                          failure of piping                             
                          systems.                                      
                         Waste Material Storage   Paint solids, heavy   
                          and Disposal: paint      metals, spent        
                          solids; solvents;        solvents, oil.       
                          trash; spent                                  
                          abrasives, petroleum                          
                          products.                                     
Shipboard Processes      Process and cooling      Biochemical oxygen    
 improperly discharged    water; sanitary waste;   demand (BOD),        
 to storm sewer or into   bilge and ballast        bacteria, suspended  
 receiving water.         water.                   solids, oil, fuel.   
------------------------------------------------------------------------
Sources: Executive Office of the President, Office of Management and    
  Budget, 1987. Standard Industrial Classification Manual 1987. National
  Technical Information Service Order no. PB 87-100012.                 
NPDES Storm Water Group Applications--Part 1 and Part 2. Received by EPA
  March 18, 1991 through December 31, 1992.                             
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention the Automotive Refinishing Industry.'' EPA/625/7-
  91/016.                                                               
EPA, Office of Research and Development. October 1991. ``Guides to      
  Pollution Prevention the Automotive Repair Industry.'' EPA/625/7-91/  
  016.                                                                  
EPA, Office of Research and Development. May 1992. ``Facility Pollution 
  Prevention Guide.'' EPA/600/R-92/088.                                 
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             
EPA, Office of Water and Hazardous Materials. December 1979. ``Draft    
  Development Document for Proposed Effluent Limitations Guidelines and 
  Standards for the Shipbuilding and Repair Industry.'' EPA/440/1-79/076-
  b.                                                                    

[[Page 50993]]
                                                                        
University of South Alabama, College of Engineering. September 1992.    
  ``Best Management Practices for the Shipbuilding and Repair Industry  
  and for Bridge Maintenance Activities.'' College of Engineering Report
  No. 92-2.                                                             


    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at ship 
and boat building and repairing facilities as a whole and not subdivide 
this sector. Therefore, Table R-2 lists data for selected parameters 
from facilities in the ship and boat building and repairing sector. 
These data include the eight pollutants that all facilities were 
required to monitor for under Form 2F, as well as the pollutants that 
EPA determined may merit further monitoring.

                         Table R-2.--Statistics for Selected Pollutants Reported by Ship and Boat Building or Repairing Yards Submitting Part II Sampling Data i (mg/L)                         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of Samples          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                         Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample Type         ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       29       28       51       48      4.4       6.3       0.0       0.0      23.0     138.0       2.3       0.8      17.1      25.5      32.6      67.4 
COD.................................       29       28       51       49     73.2      70.0       0.0       0.0     450.0     810.0      53.0      33.0     259.1     264.3     503.9     579.8 
Nitrate + Nitrite Nitrogen..........       29       28       51       49      0.79      0.82      0.00      0.00      6.00      5.00      0.72      0.71      2.36      2.35      4.28      4.22
Total Kjeldahl Nitrogen.............       29       28       51       49      1.19      2.20      0.00      0.00      3.40     48.00      1.00      0.97      2.57      4.69      3.73      8.67
Oil & Grease........................       29      N/A       52      N/A      1.0     N/A         0.0     N/A        14.0     N/A         0.0     N/A         5.1     N/A        15.9     N/A   
pH..................................       23      N/A       43      N/A    N/A       N/A         4.7     N/A         8.7     N/A         7.3     N/A         8.8     N/A         9.6     N/A   
Total Phosphorus....................       29       28       51       48      0.21      0.86      0.00      0.00      2.20     32.00      0.00      0.06      0.94      1.75      1.98      4.51
Total Suspended Solids..............       29       27       51       48     92        45         0         0      1200       300        17        10       525       366      2294     1537    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

3. Options for Controlling Pollutants
    The measures commonly implemented to reduce pollutants in storm 
water discharges from boat and ship building and repairing facilities 
are generally uncomplicated and simple to implement. Table R-3 
identifies Best Management Practices (BMPs) associated with various 
activities that routinely occur at boat and ship building and repair 
facilities.

    Table R-3.--Common Management Practices for Storm Water Pollution   
      Prevention at Ship and Boat Building and Repairing Facilities     
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
Pressure washing.........  Collect discharge water and remove all       
                            visible solids before discharging to a sewer
                            system, or where permitted by an individual 
                            NPDES permit, to a drainage system, or      
                            receiving water.                            
                           Perform pressure washing only in designated  
                            areas where wash water containment can be   
                            effectively achieved.                       
                           Use no detergents or additives in the        
                            pressure wash water.                        
                           Direct deck drainage to a collection system  
                            sump for settling and/or additional         
                            treatment.                                  
                           Implement diagonal trenches or berms and     
                            sumps to contain and collect wash water at  
                            marine railways.                            
                           Use solid decking, gutters, and sumps at lift
                            platforms to contain and collect wash water 
                            for possible reuse.                         
Surface preparation,       Enclose, cover, or contain blasting and      
 sanding, and paint         sanding activities to the maximum extent    
 removal.                   practical to prevent abrasives, dust, and   
                            paint chips from reaching storm sewers or   
                            receiving water.                            
                           Where feasible, cover drains, trenches, and  
                            drainage channels to prevent entry of       
                            blasting debris to the system.              
                           Prohibit uncontained blasting or sanding     
                            activities over open water.                 
                           Prohibit blasting or sanding activities      
                            during windy conditions which render        
                            containment ineffective.                    
                           Inspect and clean sediment traps to ensure   
                            the interception and retention of solids    
                            prior to entering the drainage system.      
                           Sweep accessible areas of the drydock to     
                            remove debris and spent sandblasting        
                            material prior to flooding.                 
                           Collect spent abrasives routinely and store  
                            under a cover to await proper disposal.     
Painting.................  Enclose, cover, or contain painting          
                            activities to the maximum extent practical  
                            to prevent overspray from reaching the      
                            receiving water.                            
                           Prohibit uncontained spray painting          
                            activities over open water.                 
                           Prohibit spray painting activities during    
                            windy conditions which render containment   
                            ineffective.                                
                           Mix paints and solvents in designated areas  
                            away from drains, ditches, piers, and       
                            surface waters, preferably indoors or under 
                            a shed.                                     
                           Have absorbent and other cleanup items       
                            readily available for immediate cleanup of  
                            spills.                                     
                           Allow empty paint cans to dry before         
                            disposal.                                   
                           Keep paint and paint thinner away from       
                            traffic areas to avoid spills.              
                           Recycle paint, paint thinner, and solvents.  
                           Train employees on proper painting and       
                            spraying techniques, and use effective spray
                            equipment that delivers more paint to the   
                            target and less overspray.                  
Drydock maintenance......  Clean and maintain drydock on a regular basis
                            to minimize the potential for pollutants in 
                            the storm water runoff.                     
                           Sweep accessible areas of the drydock to     
                            remove debris and spent sandblasting        
                            material prior to flooding.                 

[[Page 50994]]
                                                                        
                           If hosing must be used as a removal method,  
                            collect wash water to remove solids and     
                            potential metals.                           
                           Clean the remaining areas of the dock after a
                            vessel has been removed and the dock raised.
                           Remove and properly dispose of floatable and 
                            other low-density waste (wood, plastic,     
                            insulations, etc.).                         
Drydock activities.......  Use plastic barriers beneath the hull,       
                            between the hull and drydock walls for      
                            containment.                                
                           Use plastic barriers hung from the flying    
                            bridge of the drydock, from the bow or stern
                            of the vessel, or from temporary structures 
                            for containment.                            
                           Weight the bottom edge of the containment    
                            tarpaulins or plastic sheeting during a     
                            light breeze.                               
                           Use plywood and/or plastic sheeting to cover 
                            open areas between decks when sandblasting  
                            (scuppers, railings, freeing ports, ladders,
                            and doorways).                              
                           Install tie rings or cleats, cable suspension
                            systems, or scaffolding to make             
                            implementation containment easier.          
Nondrydock activities....  Hang tarpaulin from the boat, fixed, or      
                            floating platforms to reduce pollutants     
                            transported by wind.                        
                           Pave or tarp surfaces under marine railways. 
                           Clean railways before the incoming tide.     
                           Haul vessels beyond the high tide zone before
                            work commences or halt work during high     
                            tide.                                       
                           Place plastic sheeting or tarpaulin          
                            underneath boats to contain and collect     
                            waste and spent materials and clean and     
                            sweep regularly to remove debris.           
                           Use fixed or floating platforms with         
                            appropriate plastic or tarpaulin barriers as
                            work surfaces and for containment when work 
                            is performed on a vessel in the water to    
                            prevent blast material or paint overspray   
                            from contacting storm water or the receiving
                            water.                                      
                           Sweep rather than hose debris present on the 
                            dock.                                       
Engine maintenance and     Maintain an organized inventory of materials 
 repairs.                   used in the maintenance shop.               
                           Dispose of greasy rag, oil filters, air      
                            filters, batteries, spent coolant, and      
                            degreasers properly.                        
                           Label and track the recycling of waste       
                            material (i.e., used oil, spent solvents,   
                            batteries).                                 
                           Drain oil filters before disposal or         
                            recycling.                                  
                           Store cracked batteries in a nonleaking      
                            secondary container.                        
                           Promptly transfer used fluids to the proper  
                            container; do not leave full drip pans or   
                            other open containers around the shop. Empty
                            and clean drip pans and containers.         
                           Do not pour liquid waste down floor drains,  
                            sinks, or outdoor storm drain inlets.       
                           Plug floor drains that are connected to the  
                            storm or sanitary sewer; if necessary,      
                            install a sump that is pumped regularly.    
                           Inspect the maintenance area regularly for   
                            proper implementation of control measures.  
                           Train employees on proper waste control and  
                            disposal procedures.                        
Material Handling........  Store permanent tanks in a paved area        
                            surrounded by a dike system which provides  
                            sufficient containment for the larger of    
                            either 10 percent of the volume of all      
                            containers or 110 percent of the volume of  
                            the largest tank.                           
Bulk liquid storage and    Maintain good integrity of all storage tanks.
 containment.                                                           
                           Inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           Inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, valves) for      
                            failures or leaks.                          
                           Train employees on proper filling and        
                            transfer procedures.                        
Material Handling........  Store containerized materials (fuels, paints,
                            solvents, etc.) in a protected, secure      
                            location and away from drains.              
Containerized material     Store reactive, ignitable, or flammable      
 storage.                   liquids in compliance with the local fire   
                            code.                                       
                           Identify potentially hazardous materials,    
                            their characteristics, and use.             
                           Control excessive purchasing, storage, and   
                            handling of potentially hazardous materials.
                           Keep records to identify quantity, receipt   
                            date, service life, users, and disposal     
                            routes.                                     
                           Secure and carefully monitor hazardous       
                            materials to prevent theft, vandalism, and  
                            misuse of materials.                        
                           Educate personnel for proper storage, use,   
                            cleanup, and disposal of materials.         
                           Provide sufficient containment for outdoor   
                            storage areas for the larger of either 10   
                            percent of the volume of all containers or  
                            110 percent of the volume of the largest    
                            tank.                                       
                           Use temporary containment where required by  
                            portable drip pans.                         
                           Use spill troughs for drums with taps.       
Material Handling........  Mix paints and solvents in designated areas  
                            away from drains, ditches, piers, and       
                            surface waters. Locate designated areas     
                            preferably indoors or under a shed.         
Designated material        If spills occur,                             
 mixing areas.                                                          
                           Stop the source of the spill immediately.    
                           Contain the liquid until cleanup is complete.
                           Deploy oil containment booms if the spill may
                            reach the water.                            
                           Cover the spill with absorbent material.     
                           Keep the area well ventilated.               
                           Dispose of cleanup materials properly.       
                           Do not use emulsifier or dispersant.         
Shipboard process water    Keep process and cooling water used aboard   
 handling.                  ships separate from sanitary wastes to      
                            minimize disposal costs for the sanitary    
                            wastes.                                     
                           Keep process and cooling water from contact  
                            with spent abrasives and paint to avoid     
                            pollution of the receiving water.           
                           Inspect connecting hoses for leaks.          

[[Page 50995]]
                                                                        
Shipboard sanitary waste   Discharge sanitary wastes from the ship being
 disposal.                  repaired to the yard's sanitary system or   
                            dispose of by a commercial waste disposal   
                            company.                                    
                           Use appropriate material transfer procedures,
                            including spill prevention and containment  
                            activities.                                 
Bilge and Ballast water..  Collect and dispose of bilge and ballast     
                            waters which contain oils, solvents,        
                            detergents, or other additives to a licensed
                            waste disposal company.                     
------------------------------------------------------------------------
Sources: EPA, Office of Water. 1993. ``Guidance Specifying Management   
  Measures for Survey of Nonpoint Pollution in Coastal Waters.'' 840-B- 
  92-002.                                                               
University of South Alabama, College of Engineering. September 1992.    
  Best Management Practices for the Shipbuilding and Repair Industry and
  for Bridge Maintenance Activities. College of Engineering Report No.  
  92-2.                                                                 
NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
  1991 through December 31, 1992.                                       


4. Pollutant Control Measures Required Through Other EPA Programs
    EPA recognizes that the Resource Conservation and Recovery Act 
(RCRA) and the Underground Storage Tank (UST) programs require careful 
management of materials used at Ship Building and Repairing Facilities 
and Boat Building and Repairing Facilities.
    Under the RCRA program, on September 10, 1992, EPA promulgated 
standards in 40 CFR Part 279 for the management of used oils that are 
recycled (57 FR 41566). These standards include requirements for used 
oil generators, transporters, processors/re-refiners, and burners. The 
standards for used oil generators apply to all generators, regardless 
of the amount of used oil they generate. Do-it-yourself (DIY) 
generators which generate used oil from the maintenance of their 
personal vehicles, however, are not subject to the management standards 
(Subsection 279.20(a)(1)).
    The requirements for used oil generators were designed to impose 
minimal burden on generators while protecting human health and the 
environment from the risks associated with managing used oil. Under 
Subpart C of 40 CFR Part 279, used oil generators must not store used 
oil in units other than tanks, containers, or units subject to 
regulation under Part 264 or 265 of 40 CFR 279.22(a). In other words, 
generators may store used oil in tanks or containers that are not 
subject to Subpart J (Hazardous Waste Tanks) or Subpart I (Containers) 
of Parts 264/265, as long as such tanks or containers are maintained in 
compliance with the used oil management standards. This does not 
preclude generators from storing used oil in Subpart J tanks or Subpart 
I containers or other units, such as surface impoundments (Subpart K), 
that are subject to regulation under Part 264 or 265.
    Storage units at generator facilities must be maintained in good 
condition and labeled with the words ``used oil.'' Upon detection of a 
release of used oil to the environment, a generator must take steps to 
stop the release, contain the released used oil, and properly manage 
the released used oil and other materials (Sections 279.22(b)-(d)). 
Generators storing used oil in underground storage tanks are subject to 
the UST regulations (40 CFR Part 280).
    If used oil generators ship used oil offsite for recycling, they 
must use a transporter who has notified EPA and obtained an EPA 
identification number (Section 279.24).
    The technical standards for USTs at 40 CFR Part 280 require that 
new UST systems (defined as systems for which installation commenced 
after December 12, 1988) use overfill prevention equipment that will: 
(1) Automatically shut off flow into the tank when the tank is no more 
than 95 percent full; or (2) alert the transfer operator when the tank 
is no more than 90 percent full by restricting the flow into the tank 
or triggering a high level alarm. The preceding requirements do no 
apply to systems that are filled by transfers of no more than 25 
gallons at one time. Existing UST systems (defined as systems for which 
installation has commenced on or before December 12, 1988) are required 
to have installed the described overfill prevention equipment by 
December 12, 1998.
5. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
prohibitions in part III.A., this section of today's permit does not 
authorize prohibited non-storm water discharges of wastewaters, such as 
bilge and ballast water, sanitary wastes, pressure washwater, and 
cooling water originating from vessels. The operators of such 
discharges must obtain coverage under a separate NPDES permit if 
discharged to waters of the U.S. or through a municipal separate storm 
sewer system. Part III.A.2 of today's permit does, however, authorize 
certain non-storm water discharges.
6. Storm Water Pollution Prevention Plan Requirements
    The conditions that apply to ship and boat building and repairing 
facilities build upon the requirements set forth in the front of this 
fact sheet which are based on the requirements of the September 9, 1992 
baseline general permit. The discussion which follows, therefore, only 
addresses conditions that differ from those baseline conditions.

a. Contents of the Plan

    (1) Description of Potential Pollutant Sources. Under the 
description of potential pollutant sources in the storm water pollution 
prevention plan requirements, permittees are required to include the 
location(s) on their facility site map where engine maintenance and 
repair work, vessel maintenance and repair work, and pressure washing 
are performed. This requirement is the same as the baseline 
requirements presented in the front of this fact sheet, but here it is 
expressed in more appropriate terms for the ship and boat industry. 
Rather than requiring the location of ``storage areas'' as in the 
baseline general permit, this storm water pollution prevention plan 
specifies that the location of liquid storage areas (i.e., paint, 
solvents, resins) and material storage areas (i.e., blasting media, 
aluminum, steel) be shown. In addition, the site map must also indicate 
the outfall locations and the types of discharges contained in the 
drainage areas of the outfalls (e.g. storm water and air conditioner 
condensate). 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.
    (2) Measures and Controls. Under the description of measures and 
controls in the storm water pollution prevention plan requirements, 
this section requires 

[[Page 50996]]
that all areas that may contribute pollutants to storm waters 
discharges shall be maintained in a clean and orderly manner. This 
section of today's permit also requires that the following areas be 
specifically addressed:
    (a) Pressure Washing Area--When pressure washing is used to remove 
marine growth from vessels, the discharge water must be collected or 
contained and disposed of as required by the NPDES permit for this 
process water, if the discharge is to waters of the U.S. or through a 
municipal separate storm sewer. The plan must describe the measures to 
collect or contain the discharge from the pressure washing area, detail 
the method for the removal of the visible solids, describe the method 
of disposal of the collected solids, and identify where the discharge 
will be released (i.e., the receiving waterbody, storm sewer system, 
sanitary sewer system).
    (b) Blasting and Painting Areas--The facility must consider 
containing all blasting and painting activities to prevent abrasives, 
paint chips, and overspray from reaching a receiving waterbody or storm 
sewer system. The plan must describe measures taken at the facility to 
prevent or minimize the discharge of spent abrasive, paint chips, and 
paint into the receiving waterbody and storm sewer system. The facility 
may consider hanging plastic barriers or tarpaulins during blasting or 
painting operations to contain debris. Where appropriate, a schedule 
for cleaning storm water conveyances to remove deposits of abrasive 
blasting debris and paint chips should be addressed within the plan. 
The plan should include any standard operating practices with regard to 
blasting and painting activities. Such items may include the 
prohibition of performing uncontained blasting and painting over open 
water or blasting and painting during windy conditions which can render 
containment ineffective.
    (c) Material Storage Areas--All stored and containerized materials 
(fuels, paints, solvents, waste oil, antifreeze, batteries) must be 
stored in a protected, secure location away from drains and plainly 
labeled. The plan must describe measures that prevent or minimize 
contamination of the storm water runoff from such storage areas. The 
facility must specify which materials are stored indoors and consider 
containment or cover for materials that are stored outdoors. Above 
ground storage tanks, drums, and barrels permanently stored outside 
must be delineated on the site map with a description of the 
containment measures in place to prevent leaks and spills. The facility 
must consider implementing an inventory control plan to prevent 
excessive purchasing, storage, and handling of potentially hazardous 
materials. Those facilities where abrasive blasting is performed must 
specifically include within the plan discussion on the storage and 
proper disposal of spent abrasive generated at the facility.
    (d) Engine Maintenance and Repair Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for engine maintenance and repair. The 
facility must consider performing all maintenance activities indoors, 
maintaining an organized inventory of materials used in the shop, 
draining all parts of fluids prior to disposal, prohibiting the 
practice of hosing down the shop floor where the practice would result 
in the exposure of pollutants to storm water, using dry cleanup 
methods, and/or collecting the storm water runoff from the maintenance 
area and providing treatment or recycling.
    (e) Material Handling Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
material handling operations and areas (i.e., fueling, paint and 
solvent mixing, disposal of process wastewater streams from vessels). 
The facility must consider covering fueling areas; using spill and 
overflow protection; mixing paints and solvents in a designated area, 
preferably indoors or under a shed; and minimizing runon of storm water 
to material handling areas. Where applicable, the plan must address the 
replacement or repair of leaking connections, valves, pipes, hoses, and 
soil chutes carrying wastewater from vessels.
    (f) Drydock Activities--The plan must address the routine 
maintenance and cleaning of the drydock to minimize the potential for 
pollutants in storm water runoff. The facility must describe the 
procedures for cleaning the accessible areas of the drydock prior to 
flooding and the final cleanup after the vessel is removed and the dock 
is raised. Cleanup procedures for oil, grease, or fuel spills occurring 
on the drydock must also be included within the plan. The facility must 
consider items such as sweeping rather than hosing off debris and spent 
blasting material from the accessible areas of the drydock prior to 
flooding and having absorbent materials and oil containment booms 
readily available to contain and cleanup any spills.
    (g) General Yard Area--The plan must include a schedule for routine 
yard maintenance and cleanup. Scrap metal, wood, plastic, miscellaneous 
trash, paper, glass, industrial scrap, insulation, welding rods, 
packaging, etc., must be routinely removed from the general yard area. 
The facility must consider such measures as providing covered trash 
receptacles in each yard, on each pier, and on board each vessel being 
repaired.
    These seven areas are the common sources of pollutants in storm 
water from ship building and repairing and boat building and repairing 
activities. Based upon Best Management Practices for the Shipbuilding 
and Repair Industry and for Bridge Maintenance Activities prepared by 
the College of Engineering at the University of South Alabama, the 
suggested management measures are commonly used at ship and boat 
facilities. EPA believes that the incorporation of management practices 
such as those suggested will substantially reduce the potential for 
these activities and areas to contribute pollutants to storm water 
discharges. In addition, EPA believes that these requirements will 
continue to provide the necessary flexibility to address the variable 
risk for pollutants in storm water discharges associated with different 
facilities. Many facilities will find that appropriate management 
measures are already employed at the facility because they have been 
required under an existing EPA program.
    The preventive maintenance requirements specifically include the 
routine inspection of sediment traps to ensure that spent abrasives, 
paint chips, and solids will be intercepted and retained prior to 
entering the storm drainage system. Because of the nature of operations 
occurring at ship and boat facilities, routine attention needs to be 
placed on the collection and proper disposal of spent abrasive, paint 
chips, and other solids.
    In addition to the comprehensive site evaluation required under 
Part XI.R.3.a.(4) of today's permit, qualified facility personnel shall 
be identified to inspect designated equipment and areas of the 
facility, at a minimum, on a monthly basis. The following areas shall 
be included in all inspections: pressure washing areas, blasting and 
painting areas, material storage areas, engine maintenance and repair 
areas, material handling areas, drydock areas, and general yard areas. 
A set of tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
shall be maintained.
    The purpose of the inspections is to check on the implementation 
and effectiveness of the storm water 

[[Page 50997]]
pollution prevention plan. The inspections allow facility personnel to 
monitor the success or failure of elements of the plan on a regular 
basis. The use of an inspection checklist is encouraged. The checklist 
will ensure that all required areas are inspected, as well as help to 
meet the record keeping requirements.
    The permittee is required to identify annual (once per year) dates 
for employee training. Employee training must, at a minimum address the 
following areas when applicable to a facility: used oil management; 
spent solvent management; proper disposal of spent abrasives; proper 
disposal of vessel wastewaters, spill prevention and control; fueling 
procedures; general good housekeeping practices; proper painting and 
blasting procedures; and used battery management. Employees, 
independent contractors, and customers must be informed about BMPs and 
be required to perform in accordance with these practices. The 
permittee is required to consider posting easy to read or graphic 
depictions of BMPs that are included in the plan as well as emergency 
phone numbers in the work areas. This practice will enhance employees 
understanding the pollutant control measures. Unlike some industrial 
operations, the industrial activities associated with ship and boat 
building and repair facilities that may affect storm water quality 
require the cooperation of all employees. EPA, therefore, is requiring 
that employee training take place at least once a year to serve as: (1) 
Training for new employees; (2) a refresher course for existing 
employees; (3) training for all employees on any storm water pollution 
prevention techniques recently incorporated into the plan; and (4) a 
forum for the facility to invite independent contractors and customers 
to inform them of pollution prevention procedures and requirements.
7. Numeric Effluent Limitation
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of today's permit.
8. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. Under the Storm Water 
Regulations at 40 CFR 122.26(b)(14), EPA defined ``storm water 
discharge associated with industrial activity.'' The focus of today's 
permit is to address the presence of pollutants that are associated 
with the industrial activities identified in this definition and that 
might be found in storm water discharges. Under the methodology for 
determining analytical monitoring requirements, described in section 
VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
bench mark concentrations for the ship and boat building or repair 
yards sector. After a review of the nature of industrial activities and 
the significant materials exposed to storm water described by 
facilities in this sector, EPA has determined that the higher 
concentrations of nitrate plus nitrite nitrogen are not likely to be 
caused by the industrial activity, but may be primarily due to non-
industrial activities on-site. Today's permit does not require ship and 
boat building or repair yards facilities to conduct analytical 
monitoring for this parameter. Therefore, under the revised methodology 
for determining pollutants of concern in the various industrial 
sectors, no analytical monitoring is required by ship and boat building 
and repairing facilities.
    b. Quarterly Visual Examination of Storm Water Quality. Ship and 
boat building or repair yard facilities shall perform and document a 
visual examination of a storm water discharge associated with 
industrial activity from each outfall, except discharges exempted under 
paragraph (3) below. The examination(s) must be made at least once in 
each of the following 3-month periods: January through March, April 
through June, July through September, and October through December. The 
examination shall be made during daylight hours unless there is 
insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the 

[[Page 50998]]
chemical properties of the storm water discharged from the site, the 
examination will provide meaningful results upon which the facility may 
act quickly. The frequency of this visual examination will also allow 
for timely adjustments to be made to the plan. If BMPs are performing 
ineffectively, corrective action must be implemented. A set of tracking 
or follow-up procedures must be used to ensure that appropriate actions 
are taken in response to the examinations. The visual examination is 
intended to be performed by members of the pollution prevention team. 
This hands-on examination will enhance the staff's understanding of the 
storm water problems on that site and the effects of the management 
practices that are included in the plan.

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
    The conditions in this section apply to airports, airport 
terminals, airline carriers, and establishments engaged in servicing, 
repairing, or maintaining aircraft and ground vehicles, equipment 
cleaning and maintenance (including vehicle and equipment 
rehabilitation mechanical repairs, painting, fueling, lubrication) or 
deicing/anti-icing operations which conduct the above described 
activities (facilities generally classified as SIC code 45). For the 
purpose of this final permit, the term ``deicing'' is defined as the 
process to remove frost, snow, or ice and ``anti-icing'' is the process 
which prevents the accumulation of frost, snow, or ice. Both of these 
activities are covered under this permit.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Responsible Parties. Airports typically operate under a single 
management organization known as the airport ``authority'' which in 
most cases is a public agency. Airline carriers and other fixed base 
operators (e.g., fueling companies and maintenance shops) that have 
contracts with the airport authority to conduct business on airport 
property are commonly referred to as ``tenants'' of the airport. 
Tenants may be of two types--those that are regulated as storm water 
dischargers associated with industrial activities under 40 CFR 
122.26(b)(14) and those that are not. The operator and the tenants of 
the airport that conduct industrial activities as described above, or 
as described anywhere in 40 CFR 122.26(b)(14) and which have storm 
water discharges, are required to apply for coverage under an NPDES 
storm water permit for the discharges from their areas of operation. 
Where an airport has multiple operators (airport authority and tenants) 
that have storm water discharges associated with industrial activity, 
as described above, each operator is required to apply for coverage 
under an NPDES storm water permit. This may be done as separate 
operators or may be done as co-permittees. Regardless, each individual 
party, whether a co-permittee or a separate permittee, must submit a 
notice of intent (NOI) to be covered under today's permit. During 
implementation of the storm water pollution prevention plan, the 
airport authority should work cooperatively with tenants that are not 
required to have a NPDES permit for their storm water discharges. The 
airport authority may accomplish this through negotiated agreements, 
contractual requirements, or other means. Ultimately, the operator(s)/
owner(s) (the airport authority) of the storm water outfalls from the 
airport is(are) responsible for compliance with all terms and 
conditions of this or other NPDES permits applicable to those outfalls. 
Storm water pollution prevention plans developed separately for areas 
of the airport facility occupied by tenants of the airport that are 
regulated under 40 CFR 122.26(b)(14) as a storm water discharge 
associated with industrial activity shall be integrated into the storm 
water pollution prevention plan for the entire airport facility.
    The airport authority and tenants of the airport are encouraged to 
apply as co-permittees under today's permit, and to work in partnership 
in the development and implementation of a storm water pollution 
prevention plan.
2. Pollutants Found in Storm Water Discharges
    In general, the quantitative data submitted thus far has not raised 
any particular areas of concern with respect to discharges of 
pollutants resulting from vehicle maintenance and/or deicing/anti-icing 
operations conducted at airport facilities. However, EPA believes that 
the part 2 sampling data does not provide justification that discharges 
resulting from deicing/anti-icing operations are not a significant 
source of pollutants. The sampling requirements for part 2 of the group 
application did not specify that facilities must sample storm water 
discharges from areas where deicing/anti-icing activities occur and/or 
during times when such operations were being conducted. As a result, 
only one facility indicated that the sampling data submitted was 
collected from areas where deicing activities were being conducted. 
After reviewing recent case studies on the effects of glycol discharges 
to receiving waters, EPA reports and the results of FAA surveys, EPA 
believes that additional information on the discharges of deicing/anti-
icing chemicals to receiving waters as a result of aircraft and runway 
deicing/anti-icing operations is warranted and necessary.
    Both ethylene and propylene glycols exert high oxygen demands when 
released into receiving waters. As such, this section requires that 
facilities report both the Biochemical Oxygen Demand (BOD) and Chemical 
Oxygen Demand (COD) of discharges sampled at facilities that use at 
least 100,000 gallons or more of glycol-based deicing/anti-icing 
chemicals. The concentration of nitrogen and possibly ammonia are the 
concern with respect to deicing/anti-icing operations where urea is 
used. Therefore, this section requires that facilities subject to the 
monitoring requirements in Part XI.S.5. of the permit also report the 
concentration of Total Kjeldahl Nitrogen (TKN) in discharges sampled.
    The results of the storm water survey conducted by the FAA (June 
1992) showed that 10 percent of the respondents who conduct deicing/
anti-icing activities used more than 100,000 gallons of glycol-based 
deicing/anti-icing chemicals during winter seasons. In addition, those 
facilities using more than 100,000 gallons of glycol-based deicing/
anti-icing chemicals accounted for 71 percent of the total amount of 
glycol-based deicing/anti-icing chemicals reported in the survey. In a 
similar survey conducted by the American Association of Airport 

[[Page 50999]]
Executives, 4 percent of the airports conducting deicing/anti-icing 
activities used more than 100,000 gallons of ethylene glycol which 
represented approximately 76 percent of the total amount of ethylene 
glycol used by all airports surveyed.
3. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
non-storm water prohibitions described under Part III.A.2, today's 
permit clarifies in Part XI.S.2.a (Prohibition of Non-storm Water 
Discharges) that non-storm water discharges, including discharges from 
aircraft, ground vehicle and equipment washwaters, dry weather 
discharges from airport deicing/anti-icing operations, and dry weather 
discharges resulting from runway maintenance are not authorized under 
this permit. Dry weather discharges are generated from processes other 
than those described in the definition of storm water. The definition 
of storm water includes storm water runoff, snow melt runoff, and 
surface runoff and drainage. There is no limit on the time between the 
snowfall and snow melt for the purpose of including a snow melt 
discharge in the definition of storm water. All other discharges not 
included in the definition of storm water constitute non-storm water 
discharges. Operators of non-storm water discharges must obtain 
coverage under a separate NPDES wastewater permit if such discharges 
are a point source discharge to waters of the U.S. or are discharged 
through a municipal separate storm sewer system. In a related 
requirement, the permittee is required to attach a copy of the NPDES 
permit issued for the discharge of non-storm water runoff or, if an 
NPDES permit has not yet been issued, a copy of the pending application 
to the plan. For facilities that discharge the waters mentioned above 
to a sanitary sewer system, the operator of the sanitary sewer system 
must be notified. A copy of the notification letter must be attached to 
the plan. If an industrial user permit has been issued under a 
pretreatment program, a copy of the permit must be attached to the plan 
as does any other permit to which the facility's discharge waters are 
subject. This will help to prevent confusion and help to ensure that 
non-storm water discharges are not inadvertently authorized by this 
permit.
    b. Releases of Reportable Quantities of Hazardous Substances and 
Oil. Today's permit clarifies in Part XI.S.2.b (Releases of Reportable 
Quantities of Hazardous Substances and Oil) that each individual 
permittee is required to report spills equal to or exceeding the RQ 
levels specified at 40 CFR 110, 117 and 302. If the airport authority 
is the sole permittee, then the sum total of all spills at the airport 
must be assessed against the RQ. If the airport authority is a co-
permittee with other deicing/anti-icing operators at the airport, such 
as numerous different airlines, the assessed amount must be the 
summation of spills by each co-permittee. If separate, distinct 
individual permittees exist at the airport, then the amount spilled by 
each separate permittee must be the assessed amount for the RQ 
determination.
4. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan. The pollution prevention plan requirements 
described below are in addition to those found under Part VI.C.
    (1) Description of Potential Pollutant Sources. In addition to the 
common pollution prevention plan requirements discussed in Part 
VI.C.2.a. (Drainage), the site map developed for an entire airport 
shall identify the location of each tenant of the facility describe 
their activities.
    In addition to the pollution prevention requirements discussed in 
Part VI.C.2. (Description of Potential Pollutant Sources), airport 
facilities, including areas operated by tenants of the facility that 
conduct industrial activities, must address the following specific 
operations and areas where the operations occur:
    Aircraft Deicing/Anti-icing--Includes both deicing to remove frost, 
snow or ice, and anti-icing which prevents the accumulation of frost, 
snow or ice. Deicing/anti-icing of an airplane is accomplished through 
the application of a freezing point depressant fluid, commonly ethylene 
glycol or propylene glycol, to the exterior surface of an aircraft. 
Both ethylene and propylene glycol have high biochemical oxygen demands 
(BOD) when discharged to receiving waters. Environmental impacts on 
surface waters due to glycol discharges includes glycol odors and 
glycol contaminated surface water and ground water systems, diminished 
dissolved oxygen levels and fish kills.
    The Federal Aviation Administration (FAA) recently conducted a 
survey which focused on aircraft and runway deicing/anti-icing 
operations at U.S. airports. Ninety-six airports responded to the 
survey and results are summarized in a final report dated June 1, 1992. 
In summary, 65 airports indicated the amounts of ethylene glycol used 
for aircraft deicing for the winter periods of 1989-90 and 1990-91 and 
the volumes used by each airport ranged significantly, from a few 
gallons to 520,000 gallons. The average annual volume of ethylene 
glycol used by all respondents for the winter periods of 1989-90 and 
1990-91 was approximately 2.16 million gallons.
    The FAA survey summary reported that the majority of aircraft 
deicing operations occur on the apron adjacent to the passenger 
terminal and runoff generally drains to a nearby storm water inlet. In 
fact, 31 of the respondents to the FAA survey indicated that 75 percent 
or more of the spent deicing chemicals were discharged to a storm sewer 
system. In general, the remainder of spent chemical resulting from 
aircraft deicing operations drained to ditches or open areas.
    All aspects of aircraft deicing/anti-icing operations, including 
quantities used and stored, as well as application, handling and 
storage procedures are required to be addressed under the conditions of 
this section.
    (b) Runway Deicing/Anti-icing--Includes both deicing and anti-icing 
operations conducted on runways, taxiways and ramps. Runway deicing/
anti-icing commonly involves either the application of chemical fluids 
such as ethylene glycol or solid constituents such as pelletized urea. 
Urea has a high nitrogen content, therefore degradation of urea in a 
receiving water causes an increase in nutrient loadings resulting in an 
accelerated growth of algae and eutrophic conditions. Under certain 
ambient conditions, the degradation of urea in receiving waters can 
also result in ammonia concentrations toxic to aquatic life.
    The FAA's storm water survey reported that, of the facilities that 
indicated using urea for runway deicing/anti-icing for the winter 
periods of 1989-90 and 1990-91, the amount of urea used during a single 
winter period ranged from 100 pounds to 1,450,000 pounds (715 tons). 
With regard to disposal of spent deicing/anti-icing chemicals from 
runways, taxiways and ramps, 20 airports indicated that they discharged 
50 percent or more of runoff from deicing areas directly to a storm 
sewer system. In response to questions concerning collection and 
treatment of spent deicing chemicals from runway deicing/anti-icing 
activities, only five facilities indicated that runoff from runway 
deicing/anti-icing operations was collected and treated.
    All aspects of runway deicing/anti-icing operations, including 
types of deicing/anti-icing chemicals, quantities used and stored, as 
well as application, handling and storage procedures are required to be 
addressed under the conditions of this section. 

[[Page 51000]]

    (c) Aircraft Servicing--Typically conducted on the apron area 
adjacent to the passenger terminal, the servicing of aircraft could 
potentially contribute pollutants to storm water. As a result of spills 
or leaks during the servicing of aircraft, fluids such as engine oil, 
hydraulic fluid, fuel and lavatory waste could potentially enter the 
storm water system and/or be discharged to receiving waters. All 
spillage other than potable water should be prevented from entering the 
storm sewer system.
    (d) Aircraft, Ground Vehicle and Equipment Maintenance and 
Washing--Maintenance activities included in this section include both 
minor and major operations conducted either on the apron adjacent to 
the passenger terminal, or at dedicated maintenance facilities. 
Potential pollutant sources from all types of maintenance activities 
include spills and leaks of engine oils, hydraulic fluids, transmission 
oil, radiator fluids, and chemical solvents used for parts cleaning. In 
addition, the disposal of waste parts, batteries, oil and fuel filters, 
and oily rags also have a potential for contaminating storm water 
runoff from maintenance areas unless proper management practices and 
operating procedures are implemented. The spent wash water from 
aircraft and ground vehicle washing activities could potentially be 
contaminated with surface dirt, metals, and fluids (fuel, hydraulic 
fluid, oil, lavatory waste).
    (e) Runway Maintenance--Over time, materials such as tire rubber, 
oil and grease, paint chips, and jet fuel can build up on the surface 
of a runway causing a reduction in the friction of the pavement 
surface. When the friction level of a runway falls below a specific 
level, then maintenance must be performed. The Federal Aviation 
Administration (FAA) recommends several methods for removing rubber 
deposits and other contaminants from a runway surface including high 
pressure water, chemical solvents, high velocity particle impact, and 
mechanical grinding. If not properly managed, the materials removed 
from the runway surface could be discharged into nearby surface waters. 
Similarly, if chemical solvents are used in the maintenance operation, 
improper management practices could result in discharges of the 
chemical solvents in the storm water runoff from runway areas to nearby 
surface waters.
    (2) Measures and Controls. In addition to the common pollution 
prevention plan requirements discussed in Part VI.C.3. (Measures and 
Controls), this section specifies that permittees must address 
particular Best Management Practices (BMP) for specific areas and 
operations identified as potential sources of pollutants. This section 
further specifies that a schedule for implementation shall be provided 
for each BMP selected. The BMPs specified in this section are not 
intended to be the only alternative management practices considered by 
operators, simply the minimum to be considered. In most cases, the BMPs 
specified are common sense approaches that are already in practice at 
many airport facilities. As such, operators may only need to include 
the information in their storm water pollution prevention plan. 
Specific areas and industrial operations mentioned in this section and 
the corresponding BMPs for such areas are the following:
    (a) Aircraft, Ground Vehicle and Equipment Maintenance Areas 
(including aircraft service areas)--The plan must describe measures 
that prevent or minimize the contamination of storm water runoff from 
all areas used for aircraft, ground vehicle and equipment maintenance 
and servicing. Management practices such as performing all maintenance 
activities indoors, maintaining an organized inventory of materials 
used, draining all parts of fluids prior to disposal, prohibiting the 
practice of hosing down the apron or hangar floor, using dry cleanup 
methods in the event of spills, and/or collecting the storm water 
runoff from maintenance and/or service areas and providing treatment, 
or recycling should be considered.
    (b) Aircraft, Ground Vehicle, and Equipment Cleaning Areas--The 
plan must describe measures that prevent or minimize the contamination 
of the storm water runoff from all areas used for aircraft, ground 
vehicle, and equipment maintenance. Management practices such as 
performing all cleaning operations indoors, and/or collecting the storm 
water runoff from the area and providing treatment or recycling should 
be considered.
    (c) Aircraft, Ground Vehicle, and Equipment Storage Areas--The 
storage of aircraft, ground vehicles, and equipment awaiting 
maintenance must be confined to designated areas (delineated on the 
site map). The plan must describe measures that prevent or minimize the 
contamination of storm water runoff from these areas. Management 
practices such as indoor storage of aircraft and ground vehicles, the 
use of drip pans for the collection of fluid leaks, and perimeter 
drains, dikes or berms surrounding storage areas should be considered.
    (d) Material Storage Areas--Storage units of all materials (e.g., 
used oils, hydraulic fluids, spent solvents and waste aircraft fuel) 
must be maintained in good condition, so as to prevent contamination of 
storm water, and plainly labeled (e.g., ``used oil,'' ``Contaminated 
Jet-A,'' etc.). The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from storage areas. 
Management practices such as indoor storage of materials, centralized 
storage areas for waste materials, and/or installation of berms and 
dikes around storage areas should be considered for implementation.
    (e) Airport Fuel System and Fueling Areas--The plan must describe 
measures that prevent or minimize the discharge of fuels to the storm 
sewer resulting from fuel servicing activities or other operations 
conducted in support of the airport fuel system. Where the discharge of 
fuels into the storm sewer cannot be prevented, the plan shall indicate 
measures that will be employed to prevent or minimize the discharge of 
the contaminated runoff into receiving surface waters.
    Where above ground storage timers are present, pollution prevention 
plan requirements shall be consistent with requirements established in 
40 CFR 112.7 guidelines for the preparation and implementation of a 
spill prevention control and countermeasure (SPCC) plan. Where a SPCC 
plan already exists, the storm water pollution prevention plan may 
incorporate requirements into the PPP by reference.
    (f) Source Reduction--This section specifies that facilities which 
conduct aircraft and/or runway (including taxiways and ramps) deicing/
anti-icing operations shall evaluate present operating procedures to 
consider alternative practices which would reduce the overall amount of 
deicing/anti-icing chemical used and/or lessen the environmental impact 
of the pollutant source.
    With regard to runway deicing operations, operators should begin by 
evaluating present chemical application rates to ensure against 
excessive over application. Devices which meter the amount of chemical 
being applied to runways help to prevent over application. Operators 
should also emphasize anti-icing operations which would preclude the 
need to deice; less chemical is required to prevent the formation of 
ice on a runway than is required to remove ice from a runway. To 
further assist in implementing anti-icing procedures, operators should 
also consider installing runway ice detection systems (RID) otherwise 
known as ``pavement sensors'' which monitor runway temperatures. 
Pavement sensors provide an indication of when runway 

[[Page 51001]]
temperatures are approaching freezing conditions, thus alerting 
operators of the need to conduct anti-icing operations. Deicing/anti-
icing chemicals applied during extremely cold, dry conditions, are 
often ineffective since they do not adhere to the ice surface and may 
be scattered as a result of windy conditions or aircraft movement. In 
an effort to improve the efficiency of the application, operators 
should consider pre-wetting the deicing chemical to improve the 
adhesion to the iced surface.
    With regard to substitute deicing/ chemicals for runway use, 
operators should consider using chemicals which have less of an 
environmental impact on receiving waters. Potassium acetate, has a 
lower oxygen demand than glycol, is nontoxic to aquatic habitat or 
humans, and was approved by the FAA for runway deicing operations in 
November, 1991 (AC No. 150/5200-30A CHG 1).
    In considering alternative management practices for aircraft 
deicing/ operations, operators should evaluate present application 
rates to ensure against excessive over application. In addition, 
operators may consider pretreating aircraft with hot water or forced 
air prior to the application of chemical deicer. The goal of this 
management practice is to reduce the amount of chemical deicer used 
during the operation. This management practice alone is not sufficient 
since discharges of small concentrations of glycol can have significant 
effects on receiving waters. It is, however, an effective measure to 
reduce the amount of glycol needed per operation.
    (g) Management of Runoff--A number of reports including EPA's 
Guidance For Issuing NPDES Storm Water Permits For Airports, September 
28, 1991 and Federal Aviation Administration (FAA) Advisory Circular 
(AC 150-5320-15) indicate that the most common location for deicing/
anti-icing aircraft at U.S. airports is along the apron areas where 
mobile deicing vehicles operate from gate to gate. In a recent FAA 
survey of deicing/anti-icing operations at U.S. airports (June 1992), 
the majority of respondents indicated that spent deicer chemicals from 
aircraft deicing/anti-icing operations either drain to the storm sewer 
system, open areas, or are left to evaporate on the ramp.
    This section specifies that operators shall provide a narrative 
description of BMPs to control or manage storm water runoff from areas 
where deicing/anti-icing operations occur in an effort to minimize or 
reduce the amount of pollutants being discharged from the site. For 
example, when deicing/anti-icing operations are conducted on aircraft 
during periods of dry weather, operators should ensure that storm water 
inlets are blocked to prevent the discharge of deicing/anti-icing 
chemicals to the storm sewer system. Mechanical vacuum systems or other 
similar devices can then be used to collect the spent deicing chemical 
from the apron surface for proper disposal to prevent those materials 
from later becoming a source of storm water contamination. Establishing 
a centralized deicing station would also provide better control over 
aircraft deicing/anti-icing operations in that it enables operators to 
readily collect spent deicing/anti-icing chemicals.
    Once spent deicer/anti-icer chemicals are collected, operators can 
then select from various methods of disposal such as:
    (i) Disposal to Sanitary Sewage Facility--Because glycols are 
readily biodegradable, runoff can be treated along with sanitary 
sewage. The receiving treatment plant would, however, have to have the 
capacity to handle the hydraulic load as well as the additional 
biochemical oxygen demand associated with the deicing/anti-icing 
chemical. Measurements have shown that the average oxygen demand for 
glycol is between 400,000 and 600,000 mg O2/L even if diluted per fluid 
manufacturers specifications (FAA AC 150-5320-15 CHG 1, 1991). To 
lessen both the increased hydraulic and pollutant loads due to runoff 
from airport deicing/anti-icing operations, retention basins may be 
located at the airport facility.
    (ii) Retention and Detention Ponds--Conversion of suitable unused 
airport land into retention or detention basins allows for collection 
of large volumes of glycol waste from pavement surface runoff. The 
design capacity for such basins should at least handle surface runoffs 
for winter months noting the decreased microbial activity during the 
winter season which is needed for biodegradation, plus additional 
capacity for runoff during thawing periods. Continuous aeration would 
supply required oxygen and allow for faster biodegradation and release 
of glycol waste, which may reduce capacity requirements. Metering the 
discharge of flow from an onsite basin allows the operator to better 
control the rate of flow during peak flight hours and to avoid BOD 
shock loadings to a sanitary treatment facility or a surface water.
    (iii) Recycling--Glycol recycling provides operators with a 
chemical cost savings since recaptured glycol can be sold or reused for 
other non-aircraft applications (FAA AC 150-5320-15, February 1991). 
Studies indicate that collected deicing chemicals which have glycol 
concentrations ranging from 15 to 25 percent can be cost effectively 
recycled. The optimal conditions for collecting the highest 
concentration of glycol in spent deicing fluid is directly from the 
apron or centralized deicing station when deicing operations are 
conducted during dry weather or light precipitation events. Deicing/
anti-icing chemicals discharged to retention basins which are then 
allowed to mix with additional surface runoff typically result in 
glycol concentrations well below the acceptable range for recycling. 
There are, however, methods of physical separation presently available 
which increase the concentration of glycol and allow operators to 
recover a relatively reusable product.
    (h) Inspections--In addition to the common pollution prevention 
plan requirements discussed in Part VI.C.3.d (Inspections), qualified 
personnel shall inspect equipment and areas involved in deicing/anti-
icing operations on a weekly basis during periods when deicing/anti-
icing operations are being conducted.
    (i) Pollution Prevention Training--Pollution Prevention training 
programs shall inform management and personnel responsible for 
implementing activities identified in the storm water pollution 
prevention plan of the components and goals of the plan. Training 
should address topics such as spill response, good housekeeping, 
material management practices and deicing/anti-icing procedures. The 
pollution prevention plan shall identify periodic dates for such 
training. 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.
    (3) Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
comprehensive site evaluation 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. Comprehensive site compliance evaluations must be conducted at 
least annually. The individual or individuals who will conduct the 
evaluations must be identified in the plan and should be members of the 
pollution prevention team. Evaluation reports must be 

[[Page 51002]]
retained for a period of at least 3 years following the date of 
evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each inspection. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and no later than 12 weeks after completion of the 
inspection.
5. Numeric Effluent Limitation
    There are no additional numerical limitations beyond those in Part 
V.B. of this permit.
6. Monitoring and Reporting Requirements
    In general, the quantitative data submitted with part 2 of the 
group application was inadequate to clearly identify particular areas 
of concern with respect to discharges of pollutants resulting from 
vehicle maintenance and/or deicing/anti-icing operations conducted at 
airport facilities. EPA believes that the part 2 sampling data does not 
provide justification that discharges resulting from deicing/anti-icing 
operations are not a significant source of pollutants. The sampling 
requirements for part 2 of the group application did not specify that 
facilities must sample storm water discharges from areas where deicing/
anti-icing activities occur and/or during times when such operations 
were being conducted. As a result, only one facility indicated that the 
sampling data submitted was collected from areas where deicing/anti-
icing activities were being conducted. After reviewing recent case 
studies on the effects of glycol discharges to receiving waters, EPA 
reports, and the results of FAA surveys, EPA believes that additional 
information on the impacts of discharges of deicing/anti-icing 
chemicals to receiving waters resulting from aircraft and runway 
deicing/anti-icing operations is warranted and necessary.
    Both ethylene and propylene glycols exert high oxygen demands when 
released into receiving waters. As such, this section requires that 
facilities report both the Biochemical Oxygen Demand (BOD) and Chemical 
Oxygen Demand (COD) of discharges sampled at facilities that use at 
least 100,000 gallons or more of glycol-based deicing/anti-icing 
chemicals. The concentration of nitrogen and possibly ammonia are the 
concern with respect to deicing/anti-icing operations where urea is 
used. Therefore, this section requires that facilities subject to the 
monitoring requirements in Part XI.S.5. of the permit also report the 
concentration of Total Kjeldahl Nitrogen (TKN) in discharges sampled.
    The results of the storm water survey conducted by FAA (June 1992) 
showed that 10 percent of the respondents who conduct deicing 
activities used more than 100,000 gallons of glycol-based deicing 
chemicals during winter seasons. In addition, those facilities using 
more than 100,000 gallons of glycol-based deicing chemicals accounted 
for 71 percent of the total amount of glycol-based deiced chemicals 
reported by all respondents in the survey. In a similar survey 
conducted by the American Association of Airport Executives, 4 percent 
of the airports conducting deicing activities used more than 100,000 
gallons of ethylene glycol which represented approximately 76 percent 
of the total amount of ethylene glycol used by all airports surveyed.
    a. Annual Loading Estimates. All facilities that use more than 
100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 
tons or more of urea on an average annual basis shall prepare estimates 
of annual pollutant loadings resulting from discharges of spent 
deicing/anti-icing chemicals from the facility. The loading estimates 
shall reflect the amounts of deicing/anti-icing chemicals discharged to 
separate storm sewer systems or surface waters, prior to and after 
implementation of the facility's storm water pollution prevention plan. 
The purpose of these estimates is to calculate the net reduction in 
deicing/anti-icing chemical loadings to receiving streams. Such 
estimates shall be reviewed and certified by an environmental 
professional (engineer, scientist, etc.) with experience in storm water 
pollution prevention. The environmental professional need not be 
certified or registered, however, experience with development of storm 
water pollution prevention plans and with airport operations is 
critical to prepare accurate estimates. By means of the certification, 
the environmental professional, having examined the facility's deicing/
anti-icing procedures and proposed control measures described in the 
storm water pollution prevention plan, shall attest that the loading 
estimates have been accurately prepared.
    b. Analytical Monitoring Requirements. EPA believes that airports 
may reduce the level of pollutants in storm water runoff from their 
sites through the development and proper implementation of the storm 
water pollution prevention plan requirements discussed in today's 
permit. In order to provide a tool for evaluating the effectiveness of 
the pollution prevention plan and to characterize the discharge for 
potential environmental impacts, the permit requires airport facilities 
that use 100,000 gallons or more of glycol-based deicing/anti-icing 
chemicals and/or 100 tons or more of urea on an average annual basis to 
collect and analyze samples of their storm water discharges from areas 
where deicing/anti-icing activities occur for the pollutants listed in 
Table S-1. Airport facilities which use less than 100,000 gallons of 
glycol-based deicing/anti-icing chemicals and/or less than 100 tons of 
urea on an average annual basis are not required to monitor discharges 
resulting from deicing/anti-icing activities.
    In determining if an airport is subject to the monitoring 
requirements, airport authorities must determine the ``average annual 
usage rate'' of deicing/anti-icing chemicals at their particular 
facility. The ``average annual usage rate'' is determined by averaging 
the total amounts of deicing/anti-icing chemicals used at the facility 
for the three previous calendar years. The total amount of deicing/
anti-icing chemicals used at an airport facility is the cumulative 
amount used by the airport authority and each tenant of the airport 
facility. EPA recognizes that glycol-based deicing/anti-icing chemicals 
are often diluted with water prior to deicing aircraft. In some cases, 
deicing/anti-icing chemicals may constitute only 50 percent of the 
applied volume of liquid to aircraft. Therefore, in determining the 
fluid amounts of deicing/anti-icing chemicals used at a facility, 
operators should use the pre-dilution volume.
    At a minimum, storm water discharges from airport facilities that 
use 100,000 gallons or more of glycol-based deicing/anti-icing 
chemicals and/or 100 tons or more of urea on an average basis must be 
monitored four times during the second year of permit coverage when 
deicing/anti-icing activities are occurring and from outfalls that 
receive storm water runoff from those areas. At the end of the second 
year of permit coverage, a facility must calculate the average 
concentration for all grab samples analyzed for each parameter listed 
in Table S-1 on an outfall-by-outfall basis. If more than four 
different events are sampled during a monitoring period, then the 
average concentration for each parameter shall be determined using all 
grab samples analyzed.

                                                                        

[[Page 51003]]
              Table S-1.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                           Cut-off      
                     Parameter                          concentration   
------------------------------------------------------------------------
Biochemical Oxygen Demand (BOD5)..................  30 mg/L             
Chemical Oxygen Demand (COD)......................  120 mg/L            
Ammonia...........................................  19 mg/L             
pH................................................  6.0 to 9 s.u.       
------------------------------------------------------------------------



    If the average concentration for all grab samples analyzed for a 
parameter is less than or equal to the value listed in Table S-1, then 
the permittee is not required to conduct quantitative analysis for that 
parameter during the fourth year of the permit. If, however, the 
average concentration for all grab samples analyzed for a parameter is 
greater than the cut-off concentration listed in Table S-1, then the 
permittee is required to conduct monitoring four times for that 
parameter while deicing/anti-icing operations are occurring in the 
fourth year of the permit. Monitoring is not required during the first, 
third, and fifth year of the permit. The exclusion from monitoring in 
the fourth year of the permit is conditional on the facility 
maintaining industrial operations and BMPs that will ensure a quality 
of storm water discharges consistent with the average concentrations 
recorded during the second year of the permit.

                   Table S-2.--Schedule of Monitoring                   
                                                                        
                                                                        
2nd Year of Permit          Collect a minimum of four samples   
 Coverage.                  during months of deicing/anti-icing         
                            (December-February)                         
                           Conduct monitoring for four separate events  
                            during months of deicing/anti-icing         
                            (December-February)                         
                            Calculate the average concentration 
                            on an outfall by outfall basis, for all     
                            parameters analyzed during this period      
                            If average concentration is greater 
                            than the value listed in Table S-1, then    
                            sampling is required during the fourth year 
                            of the permit                               
                            If average concentration is less    
                            than or equal to the value listed in Table S-
                            1, then no further sampling is required for 
                            that parameter                              
4th Year of Permit          Conduct monitoring four times, on an
 Coverage.                  outfall by outfall basis, during the months 
                            of deicing/anti-icing (December-February)   
                            for any parameter where the average         
                            concentration in year 2 of the permit is    
                            greater than the value listed in Table S-1  
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, monitoring is required  
                            for all parameters of concern during the    
                            months of deicing/anti-icing (December-     
                            February)                                   

    In cases where the average concentration for all grabs analyzed for 
a parameter exceeds the cut-off concentration, EPA expects permittees 
to place special emphasis on methods for reducing the presence of those 
parameters in storm water discharges. Quarterly monitoring in the 
fourth year of the permit will reassess the effectiveness of the 
adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    c. Alternative Certification. The alternative certification 
provision discussed in other industry sectors described in Part VIII of 
this fact sheet are not applicable to discharges resulting from 
deicing/anti-icing operations. As structured, today's permit only 
requires monitoring from airports that use more than 100,000 gallons of 
glycol-based deicing/anti-icing chemicals and/or 100 tons of urea. In 
addition, airports that use less than the stated thresholds of deicing/
anti-icing chemicals are not required to submit an alternative 
certification.
    d. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage no later than the 31st day of March following the monitoring 
period. For each outfall, one signed Discharge Monitoring Report form 
must be submitted to the Director per storm event sampled. For 
facilities conducting monitoring beyond the minimum requirements an 
additional Discharge Monitoring Report Form must be filed for each 
analysis.
    e. Sample Type. A minimum of one grab and one flow-weighted 
composite sample shall be taken from each outfall that collects runoff 
from areas where deicing/anti-icing activities occur. The required 72-
hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample is intended to provide information on the 
maximum expected concentrations of BOD5, COD, and ammonia as a result 
of deicing/anti-icing chemicals discharged during the precipitation 
event. The composite sample is intended to provide a measure of the 
BOD5, COD, ammonia loadings for the entire precipitation event as a 
result of the discharge of deicing/anti-icing chemicals. It will also 
provide site-specific information necessary for calculating the 
estimates of the annual pollutant loadings also required by this 
permit. The recommended methodology for performing grab and composite 
sampling is described at 40 CFR 122.21(g)(7). The permittee has the 
option to submit site-specific deicing/anti-icing discharge monitoring 
protocol and methodology, better suited to the particular facility, to 
the Director for approval.
    f. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the 

[[Page 51004]]
drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
or high (above 65 percent)] shall be provided in the plan.

T. Storm Water Discharges Associated With Industrial Activity From 
Treatment Works

1. Discharges Covered Under this Section
    On November 16, 1990 (55 FR 47990), the U.S. Environmental 
Protection Agency (EPA) promulgated the regulatory definition of 
``storm water discharges associated with industrial activity.'' This 
definition includes point source discharges of storm water from eleven 
categories of facilities, including ``* * * (ix) treatment works 
treating domestic sewage or any other sewage sludge or wastewater 
treatment device or system, used in the storage, treatment, recycling, 
and reclamation of municipal or domestic sewage, including land 
dedicated to the disposal of sewage sludge that are located within the 
confines of the facility, with a design flow of 1.0 M.G.D. or more or 
required to have an approved pretreatment program under 40 CFR part 
403.''
    This section establishes special conditions for storm water 
discharges associated with industrial activity from treatment works 
treating domestic sewage with a design flow of 1.0 M.G.D. or more, or 
for treatment works that are required to have an approved pretreatment 
program under 40 CFR Part 403, or for those having land dedicated to 
the disposal of sewage sludge within the confines of the facility. 
Please note that storm water discharges from farm lands, domestic 
gardens, or lands used for sludge management where sludge is 
beneficially reused and which are not physically located in the 
confines of the facility, or areas that are in compliance with Section 
405 of the Clean Water Act (CWA), are not currently regulated under the 
Federal storm water regulations.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Industry Profile
    Wastewater treatment plants remove organic and inorganic 
contaminants from domestic sewage and sludge. This section provides a 
description of the treatment processes for reducing pollutants in 
domestic sewage. The operations are basically the same at all treatment 
plants and may be categorized by three general processes: primary 
treatment, secondary treatment, and tertiary treatment.
    Primary Treatment--The objective of primary treatment is the 
removal of settleable and suspended organic pollutants. This typically 
involves at least one of the following operations: screening, grit 
removal, and sedimentation. Chemical processes, such as disinfection, 
may also occur during primary treatment operations.
    Secondary Treatment--The objective of secondary treatment is 
further removal of settleable solids and soluble organic matter. The 
operations employed during secondary treatment include biological 
oxidation via suspended growth or fixed film processes, such as 
activated sludge, rotating biological contractors or trickling filters.
    Tertiary Treatment--The objectives of tertiary treatment include 
further treatment of wastewater, such as removal of suspended solids by 
filtration; removal of nutrients, such as phosphorus and nitrogen, 
typically through chemical additions and biological processes, or by 
selective ion exchange; and further removal of pollutants through 
activated carbon treatment.
    Prior to discharge into a receiving water body, treated wastewater 
is disinfected using chlorination followed by dechlorination. Sludge 
produced during primary and secondary treatment is commonly combined, 
thickened, stabilized, and then mechanically dewatered. Sludge is 
aerobically or anaerobically stabilized by adjusting the pH with lime. 
This is followed by dewatering process where a polymer is added to 
condition the sludge for dewatering. Sludge is often stored onsite in 
piles exposed to weather, until final disposal (e.g., surface disposal, 
or incineration). When sludge is to be land applied, sludge drying beds 
or composting piles may be exposed to precipitation. In cases where 
sludge is incinerated onsite of the treatment plant, ash piles or 
impoundments may be exposed to precipitation.
3. Pollutants Found in Storm Water Discharges From Treatment Works
    The impact of industrial activities at treatment works on storm 
water discharges will vary. Factors at a site which influence the water 
quality include geographic location, hydrogeology, the industrial 
activities exposed to storm water discharges, the facility's size, the 
types of pollution prevention measures/best management practices in 
place, and the type, duration, and intensity of storm events. Taken 
together or separately, these factors determine how polluted the storm 
water discharges will be at a given facility. For example, caustic soda 
may be significant source of pollutants at some facilities, while 
incinerator ash may be the primary pollutant source at others. 
Additionally, pollutant sources other than storm water, such as illicit 
connections, spills, and other improperly dumped materials, may 
increase the pollutant loading discharged into Waters of the United 
States.
    Table T-1 lists industrial activities that commonly occur at 
treatment works, common pollutant sources at these facilities, and 
pollutants that are associated with these sources. Table T-1 identifies 
parameters as potential pollutants of concern associated with 
facilities covered by this section.

  Table T-1.--Description of Industrial Activities, Potential Pollutant 
                    Sources, and Possible Pollutants                    
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Preparation of           Spills and leaks of      Disinfectants,        
 biological and           process chemicals.       polymers and         
 physical treatment                                coagulants, alum,    
 processes.                                        ferric chloride, soda
                                                   ash, lime, sodium    
                                                   aluminate, sodium    
                                                   hypochlorite, caustic
                                                   soda.                

[[Page 51005]]
                                                                        
Soil amending and grass  Over fertilizing.......  Commercial brands of  
 fertilizing.                                      balance fertilizers  
                                                   (6-6-6, 8-8-8 or 12- 
                                                   12-12), commercial   
                                                   sludge based         
                                                   products, nitrogen,  
                                                   other nutrients,     
                                                   phosphorous, ammonia.
Liquid storage in above  External corrosion and   Aluminum sulfate,     
 ground storage.          structural failure.      liquid chlorine,     
                                                   liquid polymer, fuel,
                                                   oil.                 
                         Installation problems..  Aluminum sulfate,     
                                                   liquid chlorine,     
                                                   liquid polymer, fuel,
                                                   oil.                 
                         Spills and overfills     aluminum sulfate,     
                          due to operator error.   liquid chlorine,     
                                                   liquid polymer, fuel,
                                                   oil.                 
                         Failure of piping        Aluminum sulfate,     
                          systems (pipes, pumps,   liquid chlorine,     
                          flanges, couplings,      liquid polymer, fuel,
                          hoses, and valves).      oil.                 
                         Leaks or spills during   Aluminum sulfate,     
                          pumping of liquids       liquid chlorine,     
                          from barges, trucks,     liquid polymer, fuel,
                          or rail cars to a        oil.                 
                          storage facility.                             
Pest Control...........  Large quantities of      Diazanon, malathion,  
                          pesticide application,   amdro,               
                          pesticide storage.       dimethylphthalate,   
                                                   diethyl phthalate,   
                                                   dichlorvos, carbaryl,
                                                   skeetal, batex,      
                                                   liquid copper.       
Sludge Drying Beds.....  Sludge.................  Nitrate, TDS, TSS,    
                                                   ammonia.             
Sludge Storage Piles...  Sludge.................  Nitrate, TDS, TSS,    
                                                   ammonia.             
Sludge Transfer........  Sludge, vehicles,        Nitrate, TDS, TSS,    
                          transfer equipment.      oil, fuel, hydraulic 
                                                   fluids, ammonia.     
Incineration...........  Ash impoundments/piles.  Heavy metals, TDS,    
                                                   TSS.                 
Miscellaneous..........  Grit and scum piles      TSS, heavy metals,    
                          from clarifiers,         fecal coliform,      
                          screens, exposed soil.   nitrate, TSS.        
------------------------------------------------------------------------
Sources: EPA, Risk Reduction Engineering Lab, Cincinnati, OH, and U.S.  
  of America National Committee for Representation of the United States 
  to the International Association of Water Pollution Research and      
  Control. November 1989. ``Developments at International Conference on 
  Water Pollution Research (14th).'' EPA/600/2-89/059.                  
EPA, Office of Water Program Operations. June 1983. ``Need Survey, 1982.
  Conveyance, Treatment, and Control of Municipal Wastewater, Combined  
  Sewer Overflows, and Storm Water Runoff: Summaries of Technical       
  Data.'' EPA/430/9-83/002.                                             
EPA, Office of Research and Development. May 1992. ``Facility Pollution 
  Prevention Guide.'' EPA/600/R-92/088.                                 
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             


    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
treatment works facilities as a whole and not subdivide this sector. 
Therefore, Table T-2 lists data for selected parameters from facilities 
in the treatment works sector. These data include the eight pollutants 
that all facilities were required to monitor for under Form 2F, as well 
as the pollutants that EPA has determined may merit further monitoring.

                                 Table T-2.--Statistics for Selected Pollutants Reported by Treatment Works Facilities Submitting Part II Sampling Datai (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of Samples          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                         Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        Pollutant Sample type        ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       49       48       94       93     32.7      44.2       0.0       0.0    1300.0    1300.0      12.0       7.5      78.0      83.0     171.6     203.4 
COD.................................       47       46       85       84    131.8     155.7       0.0       0.0    1900.0    2000.0      67.3      61.7     437.4     431.9     932.2     942.3 
Nitrate + Nitrite Nitrogen..........       47       46       89       88     19.70     19.34      0.00      0.00    427.00    396.78      0.93      0.76     41.56     35.04    167.28    137.67
Total Kjeldahl Nitrogen.............       46       45       84       83      7.67      4.52      0.00      0.00    213.00    150.00      1.35      1.31     14.24      9.30     32.94     19.05
Oil & Grease........................       49      N/A       96      N/A     35.7     N/A         0.0     N/A      1210.0     N/A         1.2     N/A        60.5     N/A       202.8     N/A   
pH..................................       43      N/A       86      N/A    N/A       N/A         0.4     N/A         8.9     N/A         7.0     N/A        11.5     N/A        14.5     N/A   
Total Phosphorus....................       49       48       91       89      0.91      0.67      0.00      0.00      9.50      5.92      0.47      0.45      2.91      2.20      6.21      4.39
Total Suspended Solids..............       50       49       95       93    153       111         0         2      1836       845        64        55       638       422      1661     1013    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

4. Options for Controlling Pollutants
    Part 1 group application data indicate that BMPs have not been 
widely implemented at the representative sampling facilities. Less than 
3 percent of the sampling subgroup reported that they cover loading 
areas, storage areas, or material handling areas; approximately 10 
percent reported that they use containment; less than 4 percent of the 
representative facilities use concrete pads. The most commonly listed 
(approximately 15 percent) material management practice is catch 
basins. Because BMPs described in part 1 data are limited, the 
following table is provided to identify BMPs associated with activities 
that routinely occur at treatment works.

                                                                                                                                                                                                

[[Page 51006]]
        Table T-3.--General Storm Water BMPs for Treatment Works        
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
Preparation of biological  Use drip pans under drums and equipment where
 and physical treatment     feasible.                                   
 process.                  Store process chemicals inside buildings.    
                           Inspect the storage yard for filling drip    
                            pans and other problems regularly.          
                           Train employees on procedures for storing and
                            inspecting chemicals.                       
Soil amending and grass    Use the appropriate amount of fertilizer.    
 fertilizing.                                                           
                           Do not overfertilize.                        
                           Train employee on proper fertilizing         
                            techniques.                                 
Liquid storage in above    Maintain good integrity of all storage       
 ground storage             containers.                                 
 containers.                                                            
                           Install safeguards (such as diking or        
                            berming) against accidental releases at the 
                            storage area.                               
                           Inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           Inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, and valves) for  
                            failures or leaks.                          
                           Train employees on proper filling and        
                            transfer procedures.                        
Pest Control.............  Minimize pesticide application.              
                           Only apply pesticide if needed.              
                           Train employees on proper pesticide          
                            application.                                
Sludge Drying Beds.......  Ensure drying bed is draining properly (e.g.,
                            check for clogging); avoid overfilling      
                            drying bed; grade the land to divert flow   
                            around drying bed; berm, dike, or curb      
                            drying bed areas; cover drying beds.        
Sludge Storage Piles.....  Confine storage of sludge to a designated    
                            area as far from any receiving water body as
                            possible; store sludge on an impervious     
                            surface (e.g., concrete pad); grade the land
                            to divert flow around storage piles; berm,  
                            dike, or curb sludge storage piles; cover   
                            sludge storage piles.                       
Sludge Transfer..........  Promptly remove any sludge spilled during    
                            transfer; conduct transfer operations over  
                            an impervious surface; avoid transferring   
                            sludge during rain events; grade the land to
                            divert flow around transfer areas; berm,    
                            curb, or dike transfer areas; avoid locating
                            transfer operations near receiving water    
                            bodies.                                     
Incineration--ash          Line ash impoundments with clay (or other    
 impoundments/piles.        type of impervious material); ensure ash    
                            impoundments will hold maximum volume of ash
                            and a 10-year, 24-hour rain event; curb,    
                            berm, or dike ash storage areas; avoid      
                            locating ash storage areas near receiving   
                            water bodies.                               
Miscellaneous............  Properly dispose of grit/scum; properly      
                            dispose of screens on a daily basis;        
                            maximize vegetative cover to stabilize soil 
                            and reduce erosion.                         
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA  
  March 18, 1991 through December 31, 1992.                             
EPA, Office of Research and Development. May 1992. ``Facility Pollution 
  Prevention Guide.'' EPA/600/R-92/088.                                 
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             
U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.     


5. Special Conditions
    There are no additional requirements under this section other than 
those described in part VI.B of this fact sheet.
6. Storm Water Pollution Prevention Plan Requirements
    There are no additional requirements under this section other than 
those described in Part VI.C. of this fact sheet.
7. Monitoring and Reporting Requirements
    The regulatory modifications at 40 CFR 122.44(i)(2) established on 
April 2, 1992, grant permit writers the flexibility to reduce 
monitoring requirements in storm water discharge permits. EPA has 
determined that the potential for storm water discharges to contain 
pollutants above benchmark levels, because of the industrial activities 
and materials exposed to precipitation, does not support sampling at 
treatment works facilities.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen is above the bench mark concentrations for the treatment works 
sector. After a review of the nature of industrial activities and the 
significant materials exposed to storm water described by facilities in 
this sector, EPA has determined that the higher concentrations of 
nitrate plus nitrite nitrogen are not likely to be caused by the 
industrial activity, but may be primarily due to non-industrial 
activities on-site. Today's permit does not require treatment works 
facilities to conduct analytical monitoring for this parameter.
    Based on a consideration of the BMPs typically used at these 
facilities, and generally low pollutant values from the application 
data, EPA believes that the pollution prevention plan with visual 
examinations of storm water discharges will help ensure storm water 
contamination is minimized.
    a. Quarterly Visual Examination of Storm Water. Quarterly visual 
examinations are required of a storm water discharge from each outfall 
at the treatment works. The examination must be of a grab sample 
collected from each storm water outfall. The examination of storm water 
grab samples shall include any observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, or 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on these samples.
    The examination must be made at least once in each of the following 
3-month periods during daylight unless there is insufficient rainfall 
or snow-melt to runoff: January through March, April through June, July 
through September, and October through December. Whenever practicable, 
the 

[[Page 51007]]
same individual should carry out the collection and examination of 
discharges throughout the life of the permit to ensure the greatest 
degree of consistency possible. Grab samples shall be collected within 
the first 30 minutes (or as soon thereafter as practical, but not to 
exceed 1 hour ) of when the runoff begins discharging. Reports of the 
visual examination include: the examination date and time, examination 
personnel, visual quality of the storm water discharge, and probable 
sources of any observed storm water contamination. The visual 
examination reports must be maintained onsite with the pollution 
prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may test the effluent of one of such 
outfalls and report that the quantitative data also applies to the 
substantially identical outfall(s) provided that the permittee includes 
in the storm water pollution prevention plan a description of the 
location of the outfalls and explains in detail why the outfalls are 
expected to discharge substantially identical effluent. In addition, 
for each outfall that the permittee believes is representative, an 
estimate of the size of the drainage area (in square feet) and an 
estimate of the runoff coefficient of the drainage area [e.g., low 
(under 40 percent), medium (40 to 65 percent), or high (above 65 
percent)] shall be provided in the plan.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    EPA believes that with quarterly visual examinations and site 
compliance evaluations, potential sources of contaminants can be 
identified and controlled with BMPs. In determining the monitoring 
requirements, EPA considered the nature of the industrial activities 
and significant materials exposed at these sites, and performed a 
review of data provided in Part 2 group applications.

U. Storm Water Discharges Associated With Industrial Activity From Food 
and Kindred Products Facilities

1. Discharges Covered Under this Section
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This definition included point source discharges of storm 
water from 11 major categories of facilities, including: ``* * * (xi) 
Facilities under Standard Industrial Classifications 20, 21 * * *.''
    This section covers storm water discharges associated with 
industrial activities from establishments manufacturing or processing 
foods and beverages for human consumption, and related products, and 
prepared feeds for animals and fowls. This section also covers 
establishments engaged in manufacturing cigarettes, cigars, and other 
tobacco products. Food and kindred products processing facilities 
subject to requirements under this section include the following types 
of operations (i.e., subsectors):
    a. Meat Products (generally described by SIC Codes 2011, 2013, and 
2015).
    b. Dairy Products (generally described by SIC Codes 2021, 2022, 
2023, 2024, and 2026).
    c. Canned, Frozen, and Preserved Fruits, Vegetables, and Food 
Specialties (generally described by SIC Codes 2032, 2033, 2034, 2035, 
2037, and 2038).
    d. Grain Mill Products (generally described by SIC Codes 2041, 
2043, 2044, 2045, 2046, 2047, and 2048).
    e. Bakery Products (generally described by SIC Codes 2051, 2052, 
and 2053).
    f. Sugar and Confectionery Products (generally described by SIC 
Codes 2061, 2062, 2063, 2064, 2066, 2067, and 2068).
    g. Fats and Oils (generally described by SIC Codes 2074, 2075, 
2076, 2077, and 2079).
    h. Beverages (generally described by SIC Codes 2082, 2083, 2084, 
2085, 2086, and 2087).
    i. Miscellaneous Food Preparations and Kindred Products (generally 
described by SIC Codes 2091, 2092, 2095, 2096, 2097, 2098, and 2099).
    j. Tobacco Products (generally described by SIC Codes 2111, 2121, 
2131, and 2141).
    Storm water discharges covered by this section include discharges 
from industrial plant yards; material handling sites; refuse sites; 
sites used for application or disposal of process wastewaters; sites 
used for storage and maintenance of material handling equipment; sites 
used for residual treatment, storage, or disposal; shipping and 
receiving areas; manufacturing buildings; storage areas for raw 
materials and intermediate and finished products; and areas where 
industrial activity has taken place in the past and significant 
materials remain and where the aforementioned areas are exposed to 
storm water.
    This section does not cover any discharges subject to effluent 
limitations guidelines, including storm water that combines with 
process wastewater. Also, storm water that does not come into contact 
with any raw material, intermediate product, finished product, by-
product, or waste product located on the site of the operation are not 
subject to permitting under this section according to 40 CFR 
122.26(b)(14).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 


[[Page 51008]]
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Industry Profile
    From subsectors comprising the Food and Kindred Products Sector, as 
of January 1, 1993, 26 Part 2 Group Storm Water Applications were 
received from 9 of the 10 industrial subsectors (excluding tobacco 
products) and 31 different primary SIC Codes. Subsector descriptions 
for all facilities within the Food and Kindred Products sector are as 
follows:
    a. Meat Products Subsector (SIC Code 201X). The Meat Products 
subsector is separated into three segments. These include meat packing 
plants (SIC 2011); sausages and other prepared meat products (SIC 
2013); and poultry slaughtering and processing (SIC 2015). All three of 
the industrial segments submitted group application information. 
Production related activities for these segments include stockyards, 
slaughtering (killing, blood processing, viscera handling, and hide 
processing), cutting and deboning, meat processing, rendering, and 
materials recovery.
    b. Dairy Products Subsector (SIC Code 202X). The Dairy Products 
subsector is separated into five segments. These segments include 
creamery butter; natural, processed, and imitation cheese; dry, 
condensed, and evaporated dairy products; ice cream and frozen 
desserts; and fluid milk. All five of the industrial segments submitted 
group application information. Although a variety of operations are 
encountered in the Dairy Products subsector, the initial operations 
(e.g., receiving stations, clarification, separation, and 
pasteurization) are common to most dairy plants and products. However, 
after these initial operations, the processes and equipment become 
highly dependent on the product segments. These operations may include: 
culturing, churning, pressing, curing, blending, condensing, 
sweetening, drying, milling, and packaging.
    c. Canned Frozen and Preserved Fruits, Vegetables, and Frozen 
Specialties Subsector (SIC Code 203X). The Canned Frozen and Preserved 
Fruits, Vegetables, and Frozen Specialties subsector is separated into 
six segments. They include canned specialties; canned fruits, 
vegetables, preserves, jams, and jellies; dried and dehydrated fruits, 
vegetables, and soup mixes; pickled fruits and vegetables, vegetable 
sauces and seasonings, and salad dressings; frozen fruits, fruit 
juices, and vegetables; and other frozen specialties. Five of the six 
segments are represented in the part 2 application information with the 
pickled fruits and vegetables, vegetable sauces and seasonings, and 
salad dressings being the lone segment not represented in the part 2 
data by a primary SIC Code (although this segment is represented as a 
secondary SIC Code). All of the facilities use various fruits or 
vegetables as the primary raw material. Sweeteners, such as sugar and 
corn syrup, are used as secondary raw materials. Typically, fruits and 
vegetables are washed, cut, blanched, and cooked prior to being 
classified as finished product. Additional operations may include 
drying, dehydrating, and freezing.
    d. Grain Mills Subsector (SIC Code 204X). The Grain Mills subsector 
is separated into seven segments. These include flour and other grain 
mill products; cereal breakfast foods; rice milling; prepared flour 
mixes and doughs; wet corn milling; dog and cat food; and prepared 
feeds and feed ingredients for animals and fowls, except dogs and cats. 
Six of the seven segments are represented in the part 2 application 
information with the rice milling segment being the lone segment not 
represented in the part 2 data by a primary SIC Code. Process 
operations performed in the grain mill subsector include: washing, 
milling, debranning, heat treatment (i.e., steeping, parboiling, drying 
and cooking), screening, shaping (i.e., extruding, grinding, molding, 
and flaking), and vitamin and mineral supplementing.
    e. Bakery Products Subsector (SIC Code 205X). The Bakery Products 
subsector is separated into three segments. These include the following 
industrial activities: bread and other bakery products, except cookies 
and crackers; cookies and crackers; and frozen bakery products, except 
bread. All three segments are represented in the part 2 application 
information by a primary SIC Code. Process operations in this subsector 
include mixing, shaping of dough, cooling, and decorating.
    f. Sugar and Confectionery Subsector (SIC Code 206X). The Sugar and 
Confectionery subsector is separated into seven segments. These include 
the following industrial activities: cane sugar, except refining; cane 
sugar refining; beet sugar; candy and other confectionery products; 
chocolate and cocoa products; chewing gum; and salted and roasted nuts 
and seeds. Only two of the seven segments are represented in the part 2 
application information (i.e., candy and other confectionery products 
and chocolate and other cocoa products). The primary raw materials 
include sugar, flavorings (including chocolate), flour, nuts, and milk, 
which are then mixed together, cooked, and then formed using various 
techniques into specified product shapes. The manufacture of chocolate 
products requires shelling, roasting, and grinding of the cocoa beans 
followed by the typical sugar processing operations identified above.
    g. Fats and Oils Subsector (SIC Code 207X). The Fats and Oils 
subsector is separated into five segments. These include the cottonseed 
oil mills; soybean oil mills; vegetable oil mills, except corn, 
cottonseed, and soybean; animal and marine fats and oils; and 
shortening, table oils, margarine, and other edible fats and oils, not 
elsewhere classified. Only two of the five segments are represented in 
the part 2 application information (i.e., animal and marine fats and 
oils and shortening, table oils, margarine, and other edible fats and 
oils, not elsewhere classified). Typical process operations at an 
animal and marine fats and oils facility include cooking of inedible 
fats and oils from butcher shops, supermarkets, food manufacturing 
facilities, restaurants, and slaughterhouses, tallow and grease 
separation from proteinaceous solids. The solids are then ground to 
produce meat and bone meal. Operations at an edible oils manufacturer 
include refining, bleaching, hydrogenation, fractionation, 
emulsification, deodorization, filtration, and blending of the crude 
oils into edible products.
    h. Beverages Subsector (SIC Code 208X). The Beverages subsector is 
separated into six segments. These include the malt beverages; malt; 
wines, brandy, and brandy spirits; distilled and blended liquors; 
bottled and canned soft drinks and carbonated waters; and flavoring 
extracts and flavoring syrups, not elsewhere classified segments. Four 
the six segments are represented by the part 2 application with malt 
and wines, brandy, and brandy spirits being the two segments not 
represented by the part 2 application information. Process operations 
may include brewing, distilling, fermentation, blending, and packaging 
(i.e., bottling, canning, or bulk packaging).
    i. Miscellaneous Food Preparation and Kindred Products Subsector 
(SIC Code 209X). The Miscellaneous Food Preparation and Kindred 
Products 

[[Page 51009]]
subsector is separated into seven industrial segments. These include 
canned and cured fish and seafood; prepared fresh or frozen fish and 
seafoods; roasted coffee; potato chips, corn chips, and similar snacks; 
manufactured ice; macaroni, spaghetti, vermicelli, and noodles; and 
food preparations, not elsewhere classified segments. Three of the 
seven segments are represented by the part 2 application information 
(i.e., prepared fresh or frozen fish and seafoods; potato chips, corn 
chips, and similar snacks; and macaroni, spaghetti, vermicelli, and 
noodles). Process operations may include shelling, washing, drying, 
shaping, baking, frying, and seasoning.
    j. Tobacco Products Subsector (SIC Code 21XX). The tobacco products 
subsector is separated into four segments. These include cigarettes, 
cigars, chewing and smoking tobacco and snuff, and tobacco stemming and 
redrying. None of these four segments submitted part 2 application 
information. Typical process operations may include drying, blending, 
shaping, cutting and rolling.
3. Pollutants in Storm Water Discharges Associated with Food and 
Kindred Products Processing Facilities.
    Typical food and kindred products processing facilities do not 
conduct many processing operations outdoors. The nature of the 
business, and the required sanitary conditions, require that the raw 
materials through final product be protected from storm water. As such, 
the contamination of storm water from this sector is primarily from the 
loading and unloading of products and raw materials, spillage and leaks 
from tanks and containers stored outdoors, waste management practices, 
pest control, and improper connections to the storm sewer. Table U-1 
lists potential pollutant sources from activities that commonly take 
place at food and kindred products processing facilities.

    Table U-1.--Description of Potential Pollutant Sources i, ii, iii   
------------------------------------------------------------------------
     Activity                Pollutant source             Pollutant(s)  
------------------------------------------------------------------------
A. Raw Material     Container defects (bags,    BOD, TSS, O&G,  
 Unloading/         drums, bottles, crates)              pH, TKN.       
 Product Loading.   Spills and leaks during                     
                    unloading/ loading (tanks, rail                     
                    cars)                                               
                    Failed connections (hoses                   
                    and couplings)                                      
                    Washdown of unloading/                      
                    loading area                                        
B. Storage                                                              
 Containers:                                                            
    Liquid          Failed piping and           BOD, TSS, O&G,  
     Storage        connections (couplings, flanges,     pH.            
     (i.e., above   hoses, and valves)                                  
     ground         External corrosion and                      
     storage        structural failure                                  
     tanks).        Spills and overflows due                    
                    to operator error                                   
    Liquid          Outside containers          BOD, TSS, O&G,  
     Storage        Open containers              pH.            
     (drums,        External corrosion of the                   
     carboys, and   containers                                          
     gallon jugs).  Operator handling and                       
                    transporting                                        
                    Spills and leaks from                       
                    damaged containers                                  
    Solid Storage   Dust and particulates       BOD, TSS, pH.   
     (silos,        Operator handling and                       
     holding        transporting                                        
     bins, fiber    Spills and leaks                            
     drums, etc.).                                                      
C. Waste                                                                
 Management:                                                            
    Air Emissions   Oven emissions              BOD, TSS, O&G,  
                    Vents                        pH.            
                    Fine solids handling                        
    Solid Waste..   Dumpsters and trash cans    BOD, TSS, O&G,  
                    Spent equipment, scraps,     pH, copper,    
                    etc.                                 manganese.     
    Wastewater...   Treatment processes (e.g.,  BOD, TSS, O&G,  
                    hydraulic overflow)                  pH, fecal      
                    Outside piping and           coliform.      
                    connections (couplings, flanges,                    
                    hoses, valves, and pumps)                           
D. Pest Control:                                                        
    Pesticides,     Outside areas of            Miscellaneous   
     rodenticides   applications                         insecticides,  
     ,                                                   rodenticides,  
     insecticides.                                       pesticides,    
                                                         etc., TKN.     
E. Improper         Process wastewaters         BOD, TSS, O&G,  
 Connections to     Process floor drains         pH.            
 the Storm Sewer.   Sanitary sewers                             
                    USTs                                        
------------------------------------------------------------------------
i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
  A., McGraw-Hill, Inc., 1990.                                          
ii Air Pollution Engineering Manual, Air and Waste Management           
  Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
  Nostrand Reinhold, New York, 1992.                                    
iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
  Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    

    Impacts caused by storm water discharges from food and kindred 
products processing facilities will vary from facility to facility. 
Several factors influence to what extent operations at the site can 
affect water quality. Such factors include: geographic location; 
hydrogeology; the types of industrial activities exposed to storm 
water; the size of the operation; the nature of storm water control 
measures in place; and the type, duration, and intensity of 
precipitation events. Each of these factors interact to influence the 
quantity and quality of storm water runoff. For example, flour/oil 
particulate emissions from vents (e.g., from baking operations) may be 
a significant source of pollutants at some facilities, while material 
storage may be a primary source at others. Similarly, a facility with 
all storm water from exposed industrial activity diverted to the 
sanitary sewer would have less of an impact than a facility not 
practicing this control option. In addition, sources of pollutants 
other than storm water, such as illicit 

[[Page 51010]]
connections, spills, and improperly dumped materials, may increase the 
pollutant loadings discharged in the receiving stream.
    EPA reviewed Part 1 Group Storm Water Applications for facilities 
identified as sampling facilities to determine the types of significant 
materials from food and kindred products processing that are exposed to 
storm water. A list of these significant materials is presented in 
Table U-2. Note that significant materials related to vehicle 
maintenance (e.g., diesel fuel) and other miscellaneous nonprocessing 
materials (e.g., lumber) are not included in Table U-2.

        Table U-2.--Significant Materials Exposed to Storm Water        
                                                                        
                                                                        
Acids (phosphoric, sulfuric)         Feathers                           
Activated carbon                     Feed                               
Ammonia                              Ferric chloride                    
Animal cages                         Fruits, vegetables, coffee beans   
Bleach                               Gel bone                           
Blood                                Grain (flour, oats, wheat)         
Bone meal                            Hides                              
Brewing residuals                    Lard                               
Calcium oxide                        Manure                             
Carbon dioxide                       Milk                               
Caustic soda                         Salts (brine)                      
Chlorine                             Skim powder                        
Cheese                               Starch                             
Coke oven tar                        Sugar (sweetner, honey, fructose,  
                                      syrup)                            
Detergent                            Tallow                             
Eggs                                 Wastes (off-spec product, sludge)  
Ethyl alcohol                        Whey                               
Fats, greases, shortening, oils      Yeast                              

    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the food and kindred products industry into 
subsectors to properly analyze sampling data and determine monitoring 
requirements. As a result, this sector has been divided into the 
following subsectors: meat products; dairy products; canned, frozen, 
and preserved fruits; grain mill products; bakery products; sugar and 
confectionery products; fats and oils; beverages; miscellaneous food 
and kindred products; and tobacco products. Tables below include data 
for the eight pollutants that all facilities were required to monitor 
for under Form 2F. The tables also list those parameters that EPA has 
determined may merit further monitoring. A table has not been included 
for the following subsectors because less than 3 facilities submitted 
data in that subsector: sugar and confectionery products facilities; 
and tobacco products facilities.

                                  Table U-3.--Statistics for Selected Pollutants Reported by Meat Products Facilities Submitting Part II Sampling Datai (mg/L)                                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                        facilities    ------------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type        ------------------                                                                                                                                          
                                       Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...............................       30       29       51       50     25.9      19.2       0.0       0.0     170.0      81.0      12.0       9.2     102.5      78.7     248.436    182.3 
COD................................       30       29       51       50    184.3     122.8       0.0       0.0    1307.0    1307.0      80.0      72.0     717.3     350.7    1623.7      659.3 
Nitrate + Nitrite Nitrogen.........       30       29       51       50      1.35      1.24      0.00      0.00      4.75      8.66      0.86      0.60      4.54      3.78      8.84       7.10
Total Kjeldahl Nitrogen............       30       29       51       50      3.30      3.57      0.00      0.00     18.00     27.00      2.00      1.60      9.59     12.55     16.92      26.07
Oil & Grease.......................       31      N/A       52      N/A      7.7     N/A         0.0     N/A        34.0     N/A         6.6     N/A        25.3     N/A        41.7      N/A   
pH.................................       24      N/A       38      N/A    N/A       N/A         5.9     N/A         8.6     N/A         7.7     N/A         8.9     N/A         9.5      N/A   
Total Phosphorus...................       30       29       51       50     20.45      0.94      0.02      0.02    970.00      9.70      0.28      0.28      9.89      3.11     36.98       8.25
Total Suspended Solids.............       30       29       51       50    397       206         0         0      2540      2120        98        68      2266       902      7830      2618    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                  Table U-4.--Statistics for Selected Pollutants Reported by Dairy Products Facilities Submitting Part II Sampling Datai (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type         ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       33       33       81       81     66.4      49.6       0.0       0.0    1400.0    1360.0      17.0      10.0     185.0     122.4     479.0     297.5 
COD.................................       33       33       81       81    214.7     149.3      15.0       0.0    3010.0    2100.0      94.0      78.4     647.0     418.0    1385.3     836.8 
Nitrate + Nitrite Nitrogen..........       33       33       81       81      1.24      0.99      0.00      0.00     25.52      8.88      0.61      0.57      3.53      3.16      7.18      6.31
Total Kjeldahl Nitrogen.............       33       33       81       81      4.35      3.68      0.00      0.00     32.00     32.40      2.50      2.44     12.40     10.18     22.65     18.04
Oil & Grease........................       33      N/A       81      N/A      6.1     N/A         0.0     N/A        92.4     N/A         2.0     N/A        26.1     N/A        58.9     N/A   
pH..................................       31      N/A       78      N/A    N/A       N/A         4.4     N/A         9.0     N/A         7.0     N/A         8.6     N/A         9.4     N/A   
Total Phosphorus....................       33       33       80       80      1.68      1.07      0.00      0.00     24.40      6.80      0.50      0.38      7.59      4.71     19.51     11.35
Total Suspended Solids..............       32       32       79       79    225       218         0         0      2667      3110        56        53       967       798      2932     2274    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 51011]]
      Table U-5.--Statistics for Selected Pollutants Reported by Canned, Frozen, and Preserved Fruits, Vegetables and Food Specialties Facilities Submitting Part II Sampling Datai (mg/L)      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                        facilities    ------------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type        ------------------                                                                                                                                          
                                       Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...............................       29       26       71       56     48.9      44.0       0.0       0.0    1550.0    1150.0       9.1       8.5     122.9      98.1     305.3      232.0 
COD................................       27       24       69       55    174.6     153.4       0.0       0.0    3810.0    2820.0      39.0      40.0     522.0     492.0    1293.2     1280.8 
Nitrate + Nitrite Nitrogen.........       28       26       68       57      1.20      0.93      0.00      0.00     14.70      9.60      0.59      0.40      3.89      2.74      8.17       5.53
Total Kjeldahl Nitrogen............       30       27       73       59      4.44      3.45      0.00      0.00     64.00     33.90      1.80      1.60     14.27     12.53     32.44      29.35
Oil & Grease.......................       28      N/A       68      N/A      5.3     N/A         0.0     N/A        35.0     N/A         1.2     N/A        27.7     N/A        70.0      N/A   
pH.................................       26      N/A       68      N/A    N/A       N/A         4.3     N/A        10.3     N/A         7.1     N/A         8.7     N/A         9.7      N/A   
Total Phosphorus...................       28       26       68       57      1.02      0.95      0.00      0.00     11.80      8.30      0.42      0.54      3.52      3.45      8.18       7.73
Total Suspended Solids.............       30       27       73       58    147       112         0         0      1840       800        67        49       787       585      2445      1681    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



                               Table U-6.--Statistics for Selected Pollutants Reported by Grain Mill Products Facilities Submitting Part II Sampling Datai (mg/L)                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                     No. of        No. of samples          Mean               Minimum              Maximum              Median           95th percentile       99th percentile  
                                   facilities    -----------------------------------------------------------------------------------------------------------------------------------------------
     PollutantSample type      ------------------                                                                                                                                               
                                  Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5..........................       72       70       77       75    86.4      73.9       0.0       0.0      713.0      968.0       20.0      21.0     296.2      249.8      770.8      613.7  
COD...........................       72       70       77       74   273.9     211.4       0.0       0.0     2000.0     2040.0       89.0      81.0     937.4      640.9     2170.9     1339.3  
Nitrate + Nitrite Nitrogen....       73       71       79       75     1.62      1.08      0.00      0.00      44.90      17.70       0.36      0.50      6.51       5.29      18.50      13.97 
Total Kjeldahl Nitrogen.......       72       70       77       74    10.3       7.62      0.00      0.00      78.00      75.00       4.00      3.00     39.01      25.19      88.55      51.97 
Oil & Grease..................       73      N/A       78      N/A     4.4     N/A         0.0     N/A         44.0      N/A          0.00    N/A        21.6      N/A         46.2      N/A    
pH............................       73      N/A       78      N/A   N/A       N/A         5.0     N/A          8.9      N/A          7.0     N/A         8.2      N/A          8.8      N/A    
Total Phosphorus..............       72       70       77       74     8.17      2.90      0.08      0.06     314.00      19.70       1.74      1.70     18.69      10.52      48.77      22.82 
Total Suspended Solids........       72       70       77       74   324       320         4         4       3300       4530        112       110      1468       1233       4338       3469    
Zinc, Total...................       17       17       17       17     1.409     1.342     0.060     0.110     13.500      7.350      0.30      0.31      4.775      4.793     13.091     11.564 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                 Table U-7.--Statistics for Selected Pollutants Reported by Bakery Products Facilities Submitting Part II Sampling Datai (mg/L)                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type         ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       16       17       32       34     18.8      17.5       4.0       0.0      82.0      85.0      13.0      11.50     45.7      46.6      74.6      79.4 
COD.................................       16       17       32       34    103.7      92.3      16.2      14.0     514.0     426.0      72.0      59.0     270.3     238.2     465.9     407.8 
Nitrate + Nitrite Nitrogen..........       16       17       32       34      0.47      0.56      0.00      0.00      1.94      1.90      0.40      0.46      1.29      1.64      2.00      2.67
Total Kjeldahl Nitrogen.............       16       17       32       34      2.89      2.41      0.00      0.00     10.00      6.60      2.40      2.15      9.15      6.33     16.22     10.14
Oil & Grease........................       16      N/A       32      N/A     14.0     N/A         0.0     N/A        93.0     N/A         5.0     N/A        63.6     N/A       149.9     N/A   
pH..................................       14      N/A       30      N/A    N/A       N/A         6.1     N/A         8.4     N/A         7.1     N/A         8.3     N/A         8.9     N/A   
Total Phosphorus....................       16       17       32       34      0.56      0.49      0.00      0.00      2.10      1.80      0.47      0.38      1.51      1.71      2.47      3.23
Total Suspended Solids..............       16       17       32       34    140        64         2         2       410       200       103        41       888       295      2686      750    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                           Table U-8.--Statistics for Selected Pollutants Reported by Fats and Oils Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                        facilities    ------------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type        ------------------                                                                                                                                          
                                       Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...............................       12       12       19       19     68.0      38.6       0.0       0.0     180.0      75.0      57.0      41.0     240.7     108.0      466.2     177.1 
COD................................       12       12       19       19    322.6     191.1      17.0       9.60   1040.0     840.0     230.0     150.0    1253.4     640.1     2622.1    1216.4 
Nitrate + Nitrite Nitrogen.........       12       12       19       19      2.69      1.65      0.32      0.23     18.30      4.90      1.37      1.01      7.97      4.82      15.95      8.58
Total Kjeldahl Nitrogen............       12       12       19       19     19.60      7.96      0.00      0.0     240.00     65.2       3.40      2.75     55.66     24.1      156.55     53.5 
Oil & Grease.......................       11      N/A       18      N/A     28.5     N/A         0.0     N/A       150.0     N/A         7.8     N/A       178.1     N/A        527.7     N/A   
pH.................................       11      N/A       17      N/A    N/A       N/A         5.7     N/A        10.0     N/A         7.6     N/A        10.0     N/A         11.1     N/A   
Total Phosphorus...................       12       12       19       19      0.91      1.96      0.00      0.00      8.11     15.8       0.37      0.23      3.18      6.75       7.65     21.73
Total Suspended Solids.............       10       11       17       18    635       442         3         0      4850      3060       290       175      3746      1725      12233     4158    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                    Table U-9.--Statistics for Selected Pollutants Reported by Beverages Facilities Submitting Part II Sampling Datai (mg/L)                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type         ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       18       15       29       23    16.8       8.61      1.0       1.0     153.0      35.0        6.0       5.0     52.7      25.1     115.4      45.6  
COD.................................       18       15       29       23    70.1      42.1       9.0       5.0     270.0      88.0       49.0      46.0    214.3     125.2     401.6     217.3  
Nitrate + Nitrite Nitrogen..........       18       15       29       23     0.60      0.65      0.00      0.04      1.90      2.10       0.41      0.60     1.67      2.12      2.85      3.96 
Total Kjeldahl Nitrogen.............       18       15       29       23     1.54      0.95      0.31      0.27      7.45      2.9        1.00      0.74     3.82      2.11      6.35      3.15 

[[Page 51012]]
                                                                                                                                                                                                
Oil & Grease........................       18      N/A       29      N/A     1.7     N/A         0.0     N/A         7.0     N/A          1.2     N/A        4.3     N/A         6.4     N/A    
pH..................................       18      N/A       29      N/A   N/A       N/A         4.8     N/A         8.9     N/A          7.3     N/A        8.9     N/A         9.8     N/A    
Total Phosphorus....................       18       15       29       23     0.51      0.36      0.05      0.06      5.40      2.70       0.26      0.20     1.39      0.94      2.79      1.71 
Total Suspended Solids..............       18       15       29       23    29         9.7       3         0       170        36         18         5       95        32       193        65    
Zinc, Total.........................       10        8       11        9     0.179     0.141     0.000     0.000     0.440     0.400      0.13      0.07     0.549     0.517     0.922     0.969 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           



              Table U-10.--Statistics for Selected Pollutants Reported by Miscellaneous Food Preparations and Kindred Products Facilities Submitting Part II Sampling Datai (mg/L)              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                        facilities    ------------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type        ------------------                                                                                                                                          
                                       Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5...............................        7        7       15       15     16.8     11.9        0.0       0.0      67.0      66.0       8.5       4.20     59.0      39.5      118.5      80.6 
COD................................        7        7       15       15    103.1     81.1       13.0      17.0     297.0     504.0      63.0      52.0     371.2     211.4      759.3     384.2 
Nitrate + Nitrite Nitrogen.........        7        7       15       15      0.49     0.47       0.00      0.0       1.17      1.22      0.48      0.38      1.79      1.65       3.11      2.93
Total Kjeldahl Nitrogen............        7        7       15       15      2.76     1.96       0.44      0.40     11.90      7.81      1.59      1.35      8.88      5.51      17.42      9.99
Oil & Grease.......................        7      N/A       15      N/A      4.4    N/A          0.0     N/A        16.0     N/A         2.9     N/A        15.7     N/A         28.5     N/A   
pH.................................        8      N/A       16      N/A    N/A      N/A          2.3     N/A         8.6     N/A         6.9     N/A        12.0     N/A        N/A             
Total Phosphorus...................        7        7       15       15      0.52     0.423      0.03      0.03      1.67      1.67      0.30      0.23      2.50      1.91       6.31      4.91
Total Suspended Solids.............        7        7       15       14    481      132          0         1      2880      1063       179        51      4441       719      21493     2499    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

4. Options for Controlling Pollutants.
    One option for controlling pollutants in storm water is to set 
effluent limitations for these discharges. EPA does not consider this 
to be feasible because of the lack of performance data necessary to 
develop limitations.
    Pursuant to 40 CFR 122.44(k), permits may contain Best Management 
Practices (BMPs) to control or abate the discharge of pollutants in 
storm water, when applicable (and where numeric effluent limitations 
are infeasible). EPA believes that the most effective BMPs for reducing 
pollutants in storm water discharges from food and kindred products 
processing facilities is through exposure minimization and good 
housekeeping practices. Exposure minimization practices reduce the 
potential for storm water to come in contact with pollutants. Good 
housekeeping practices ensure that the facility is responsive to 
routine and non-routine activities that may increase exposure of 
pollutants to storm water. The BMPs necessary to address these two 
concerns are generally uncomplicated and inexpensive practices. They 
are easy to implement, and require little or no maintenance. Minor 
capital expenses, such as construction of cement pads or berms/dikes, 
may be necessary in some cases, although these types of control 
structures already exist at many food and kindred products processing 
facilities. In a few instances, more intensive BMPs, such as detention 
ponds or filtering devices, may be necessary depending on the type of 
discharge, types and concentrations of contaminants, and volume of 
flow, although these occurrences are expected to be very low for the 
sector as a whole. The types of material management practices 
identified in the storm water group applications for the food and 
kindred products processing sector, for sampling facilities only, are 
identified in Table U-11. In fact, part 1 group application data 
indicate that BMPs are widely implemented at food and kindred products 
processing facilities.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrogeology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type, and volume of contaminated 
storm water will differ. In addition, the fate and transport of 
pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with food and kindred products processing facilities.

             Table U-11.--Material Management Practicesi,ii             
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Absorbent mats                       Preventative maintenance           
Baghouse                             Retaining wall                     
BMPs                                 Roof drains                        
Catch basin                          Sealed tanks                       
Concrete pad                         Shoveling                          
Containment                          Site inspection                    
Cover (drums, holding pen, loading,  Spill prevention plan              
 storage)                                                               
Curbing                              Spillstoppers                      
Diking                               Stone filters                      
Diversion                            Sumps                              
Drains                               Swales                             
Dust control                         Sweeping                           
Housekeeping                         Tarps (i.e., temporary covers)     
Indoor storage                       Training                           
Infiltration                         V-Strips                           

[[Page 51013]]
                                                                        
Mopping                              Vacuuming                          
Oil interceptor                      Valves                             
Oil/water separators                 Vinyl socks                        
Overfill protection                  Waste minimization procedures      
Ponds                                Wetland                            
------------------------------------------------------------------------
i NPDES Storm Water Group Applications--Part 2. Application Nos. 12, 13,
  37, 81, 125, 159, 178, 179, 312, 436, 437, 446, 541, 557, 583, 584,   
  599, 630, 730, 789, 811, 819, 935, 936, 1006, 1096, 1147, and 1159.   
ii NPDES Storm Water Group Applications--Part 1. Application Nos. 12,   
  13, 37, 60, 81, 125, 144, 159, 178, 179, 312, 436, 437, 446, 533, 541,
  545, 557, 583, 584, 599, 630, 680, 730, 733, 789, 811, 819, 932, 935, 
  936, 1006, 1096, 1147, 1159, and 1217.                                


    Table U-12 identifies general BMPs that are applicable to a variety 
of food and kindred products processing subsectors, while Table U-13 
identifies BMPs for specific processing operations.

 Table U-12.--General Storm Water BMPs for the Food and Kindred Products
                      Processing Sector i,ii,iii,iv                     
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
A. Raw Material Unloading/  Ensure that a facility              
 Product Loading.           representative is present during unloading/ 
                            loading activities.                         
                            Inspect the unloading/loading areas 
                            to detect problems before they occur.       
    Shipping and            Close storm drains during loading/  
     Receiving.             unloading activities in surrounding area.   
                            Inspect all containers prior to     
                            unloading/loading of any raw or spent       
                            materials.                                  
                            Install backflow prevention devices 
                            on liquid transfer equipment.               
                            Inspect all connection equipment    
                            (e.g., hoses and couplings), and replace    
                            when necessary, before performing unloading/
                            loading activities.                         
                            Perform all unloading/loading       
                            activities in a covered and/or enclosed     
                            areas.                                      
                            Use drip pans when loading/unloading
                            liquid product.                             
                            Situate loading/unloading areas     
                            indoors or in a covered area.               
                            Use rubber seals in truck loading   
                            dock areas to contain spills indoors.       
                            Drain hoses back into truck,        
                            railcar, etc. after loading/unloading       
                            materials.                                  
                            Install high level alarm on tanks to
                            prevent overfilling.                        
                            Ensure that berms and dikes are     
                            built around the unloading/loading areas, if
                            applicable.                                 
                            If outside or in covered areas,     
                            minimize runon of storm water into the      
                            unloading/loading areas by grading the areas
                            to ensure that storm water runs off.        
                            Use dry cleanup methods for         
                            unloading/loading areas rather than washing 
                            the areas down.                             
                            Train employees on proper unloading/
                            loading techniques.                         
                            Initiate an inventory control for   
                            all raw and spent materials.                
B. Storage Containers:                                                  
    Liquid Storage.......   Inspect the external condition      
                            (corrosion, leaks) of the containers.       
                            Inspect the general area around the 
                            containers.                                 
                            Ensure that beams and dikes are     
                            built around the containers.                
                            Cover and/or enclose.               
                            Bulkhead liquid storage tanks       
                            indoors (i.e., tank outlets located inside  
                            buildings).                                 
    Liquid Storage          Ensure that all containers are      
     (drums, carboys, and   closed (e.g., valves shut, lids and manways 
     gallon jugs).          sealed, caps closed).                       
                            Wash containers indoors before      
                            storing empty containers outdoors.          
                            If outside or in a covered area,    
                            minimize runon of storm water into a storage
                            area by grading area to ensure that storm   
                            water runs ``off'' and not ``on''.          
                            Train employees on proper storage   
                            techniques (e.g., filling and transferring  
                            contents).                                  
                            Maintain employee training on proper
                            handling and transportation of materials.   
                            Maintain an inventory control of all
                            raw and spent materials.                    
                            Employ measures to protect against  
                            spillage from the overflows (e.g., high     
                            level sensors, alarms).                     
    Solid Storage (silos,   Consider vacuum emission control    
     holding bins, fiber    systems for airborne dust and particulate   
     drums, etc.).          matter.                                     
C. Waste Management:       .............................................
     Wastewater..........   Perform treatment processes in-     
                            house, if possible.                         
                            Inspect the outside pipe connections
                            (couplings, valve seals and gaskets,        
                            flanges, etc.) of the treatment system for  
                            leaks, corrosion, and poor maintenance      
                            upkeep.                                     
    Solid Waste (paper,     Inspect the general area around the 
     wood pellets, scrap    solid waste (e.g., look for signs of        
     metals, refuse,        leaching).                                  
     etc.).                 Store waste so that it is physically
                            contained (dumpsters, drums, bags).         
                            Store waste in an enclosed/covered  
                            area.                                       
                            If outside or in a covered area,    
                            minimize exposure to storm water by grading 
                            the area to ensure that storm water runs    
                            ``off'' and not ``on''.                     
                            Ensure hazardous waste disposal     
                            practices are performed in accordance with  
                            Federal, State, and local requirements.     
                            Route trash compactor leakage to    
                            treatment system or sanitary sewer.         
     Air Emissions.......   Clean around vents and stacks to    
                            atmosphere from process and storage areas.  
                            Place tubs around vents and stacks  
                            for easy collection of settling particles.  
                            Inspect air emission control systems
                            (e.g., baghouses) regularly and repair and  
                            replace as necessary.                       
                            Route overflows/condensates from    
                            process vents to onsite treatment system or 
                            to the sanitary sewer.                      
D. Pest Control..........   Follow manufacturers directions for 
                            application of pest control materials to    
                            site.                                       

[[Page 51014]]
                                                                        
                            Time application for dry weather    
                            conditions.                                 
                            Store partially full containers     
                            indoors or undercover.                      
                            Apply insecticides during breeding  
                            months.                                     
                            Protect rat bait houses from storm  
                            water.                                      
E. Improper Connections     Perform smoke or dye testing to     
 to the Storm Sewer.        determine if interconnections exist between 
                            the sanitary and storm sewers.              
                            Plug all floor drains leading to    
                            storm sewers.                               
                            Update facility schematics to       
                            accurately reflect all plumbing connections.
F. General...............   Offer employee incentives so that   
                            employees will develop cost effective,      
                            worker efficient BMPs.                      
                            Request outside firm to conduct a   
                            storm water inspection/audit.               
                            Inspect material transfer lines/    
                            connections for leaks or signs of wear and  
                            repair or replace as necessary.             
------------------------------------------------------------------------
i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
  A., McGraw-Hill, Inc., 1990.                                          
ii Air Pollution Engineering Manual, Air and Waste Management           
  Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
  Nostrand Reinhold, New York, 1992.                                    
iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
  Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    
iv Storm Water Management for Industrial Activities: Developing         
  Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-
  006), EPA, Office of Water, September 1992.                           



Table U-13.--Specific Storm Water BMPs for the Food and Kindred Products
                      Processing Sectori,ii,iii,iv                      
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
A. Meat Products:                                                       
     Animal         Inspect area around animal holding  
     Holding Pens (beef,    pens.                                       
     chicken).              Enclose/cover fowl hanging area.    
                            Enclose/cover the animal holding    
                            pens.                                       
                            Grade the areas around the animal   
                            holding pens to ensure storm water ``runs   
                            off'' and not ``on'' to the holding pen.    
                           .............................................
                            Train employees on proper material  
                            (i.e., hide, hair, feathers, animal parts)  
                            clean-up procedures around and within the   
                            animal holding pens.                        
                            Store animal manure and other       
                            materials from clean-up activities in       
                            appropriate containers in an enclosed/      
                            covered area.                               
                            Area for trailers holding empty bird
                            cages should have storm water runon/runoff  
                            controls in place.                          
                            Use mechanical sweepers around site 
                            to clean up fugitive feathers, dust, and    
                            manure.                                     
B. Dairy Products:                                                      
     Packaged       Inspect area around aged/spoiled    
     Dairy Products         dairy products.                             
     (spoiled and broken    Store aged/spoiled dairy products in
     product containers).   enclosed area.                              
                            Train employees on proper disposal  
                            methods for all aged/spoiled dairy products.
                            Ensure that all aged/spoiled product
                            (e.g., bottles, cartons, plastic containers)
                            are disposed of in a proper manner (bagged, 
                            covered).                                   
C. Canned Frozen and                                                    
 Preserved Fruits,                                                      
 Vegetables, and Frozen                                                 
 Specialties:                                                           
     Fruit and      Inspect all fruit and vegetable     
     Vegetable Storage      storage areas.                              
     and Disposal.          Store all fruits and vegetables in  
                            appropriate containers (e.g., bins, bushels,
                            baskets, buckets) and in enclosed/covered   
                            areas.                                      
                            Store empty fruit and vegetable     
                            containers in an enclosed/covered area.     
                            Train employees on proper handling/ 
                            disposal methods for fresh/rotten fruits and
                            vegetables.                                 
                            Consider air emission control       
                            systems for all cooking processes to reduce 
                            particulate matter.                         
                            Minimize fruit and vegetable storage
                            time outdoors.                              
D. Grain Mills                                                          
     Grain          Inspect the general area around the 
     Handling, Storage      grain storage.                              
     and Mixing.            Store all grain in appropriate      
                            containers (e.g., silos, hoppers) in an     
                            enclosed/covered area.                      
                            Train employees on grain handling   
                            procedures.                                 
                            Consider a vacuum control system in 
                            all grain mixing areas.                     
E. Bakery Products:                                                     
     Ingredient     Inspect ingredient storage areas.   
     Storage and Mixing.    Store all ingredients (e.g., corn   
                            sweeteners, flour, shortening, syrup,       
                            vegetable oils) in appropriate containers   
                            (e.g., tanks, drums, bags) in an enclosed/  
                            covered area.                               
     Baking         Remove flour/oil dust accumulation  
     Process.               around ventilation exhaust systems.         
                            Install an air emission control     
                            system for all baking processes to reduce   
                            particulate matter.                         
F. Sugar and                                                            
 Confectionery:                                                         
     Sugar          Consider a vacuum control system in 
     Handling.              all granular and powdered processing areas. 
G. Fats & Oils:                                                         

[[Page 51015]]
                                                                        
     Fats and       Inspect all Fats and Oils storage   
     Oils Storage and       areas.                                      
     Disposal.              Store all fats and oils, (e.g.,     
                            butcher shop materials, hair, hide, tallow, 
                            bone meal, and offal) in enclosed/covered   
                            areas.                                      
                            Ensure all fats and oils are        
                            physically contained.                       
 H. Beverages:                                                          
    Material Storage and    Ensure grain is stored in enclosed/ 
     Mixing.                covered area.                               
                            Consider an air emission control    
                            system for all grain handling and brewing   
                            processes.                                  
                            Protect reusable beverage containers
                            that are stored outdoors from storm water   
                            contact.                                    
------------------------------------------------------------------------
i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
  A., McGraw-Hill, Inc., 1990.                                          
ii Air Pollution Engineering Manual, Air and Waste Management           
  Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
  Nostrand Reinhold, New York, 1992.                                    
iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
  Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    
iv Storm Water Management for Industrial Activities: Developing         
  Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-
  006), EPA, Office of Water, September 1992.                           


5. Storm Water Pollution Prevention Plan Requirements
    All facilities included in this section of today's permit must 
prepare and implement a storm water pollution prevention plan. The 
establishment of a pollution prevention plan requirement reflects EPA's 
decision to allow operators of food and kindred products processing 
facilities to utilize BMPs as the BAT/BCT level of control for the 
storm water discharges covered by this section. The requirements 
included in pollution prevention plans provides a flexible framework 
for the development and implementation of site-specific controls to 
minimize pollution in storm water discharges. This approach is 
consistent with the approach used in the baseline general permits 
finalized on September 9, 1992 (57 FR 41236).
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from food 
and kindred products processing facilities. Pollution prevention plans 
allow the operator of a facility to select BMPs based on site-specific 
considerations such as: facility size; climate; geographic location; 
hydrogeology; the environmental setting of each facility; and volume 
and type of discharge generated. This flexibility is necessary because 
each facility will be unique in that the source, type and volume of 
contaminated surface water discharges will differ from site to site.
    There are two major objectives to a pollution prevention plan: (1) 
To identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility, and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Specific requirements for a pollution prevention plan for food and 
kindred products processing facilities are described below. These 
requirements must be implemented in addition to the baseline pollution 
prevention plan provisions discussed previously.
    a. Contents of the Plan. Storm water pollution prevention plans are 
intended to aid operators of food and kindred products processing 
facilities to evaluate all potential pollution prevention sources at a 
site, and assist in the selection and implementation of appropriate 
measures designed to prevent, or control, the discharge of pollutants 
in storm water runoff. EPA has developed guidance entitled ``Storm 
Water Management for Industrial Activities: Developing Pollution 
Prevention Plans and Best Management Practices,'' EPA, 1992 (EPA 832-R-
92-006), to assist permittees in developing and implementing pollution 
prevention measures.
    (1) Pollution Prevention Team. As a first step in the process of 
developing and implementing a storm water pollution prevention plan, 
permittees must 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 of 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 Pollutant Sources. Each storm water 
pollution prevention plan must describe activities, materials, and 
physical features of the facility that may contribute to storm water 
runoff or, during periods of dry weather, result in dry weather flows. 
This assessment of storm water pollution prevention 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. Plans must describe the following elements:
    (a) Drainage--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural and nonstructural 
features that control pollutants in storm water runoff, and process 
wastewater discharges, surface water bodies (including wetlands), 
places where significant materials 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 must also show areas where the 
following general activities take place: loading/unloading areas; 
vehicle fueling; vehicle and equipment maintenance and/or cleaning 
areas; waste treatment, storage, and disposal locations; and liquid 
storage tanks. In addition, as identified in the Part 1 Storm Water 
Group Applications, the following areas are also potential sources of 
pollutants in storm water from food and kindred products processing 
facilities: vents and stacks from cooking and drying operations and 

[[Page 51016]]
dry product vacuum transfer lines; animal holding pens; spoiled product 
and broken product container storage areas; and significant dust or 
particulate generating areas. The site map must identify all monitoring 
locations that must be sampled as part of the monitoring requirements 
of the permit. (Monitoring and Reporting Requirements). This will allow 
for a direct comparison of the industrial activities exposed to storm 
water with the analytical data for storm water discharges from these 
areas. The site map must also indicate the outfall locations and the 
types of discharges contained in the drainage areas of the outfalls 
(e.g. storm water and air conditioner condensate). 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.
    (b) Inventory of Exposed Materials--Facility operators are required 
to 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 storm water runoff; 
existing structural controls that limit process wastewater discharges; 
and any treatment that 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 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.
    (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. Pollution prevention plans must identify and ensure 
the implementation of appropriate pollution prevention measures for the 
non-storm water discharge.
    (e) Sampling Data--Any existing data on the quality or quantity of 
storm water discharges from the facility must be described in the plan. 
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. Also, the plan should 
identify the types of storm water discharges (i.e., applicable sectors) 
being sampled at each outfall.
    (f) Summary of Potential Pollutant Sources--The description of 
potential pollutant sources culminates in a narrative assessment of the 
risk potential that the industrial activities, materials, and physical 
features of the site pose to storm water quality. 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/
unloading areas; vehicle fueling; vehicle and equipment maintenance 
and/or cleaning areas; waste treatment, storage, and disposal 
locations; liquid storage tanks; vents and stacks from cooking and 
drying operations and dry product vacuum transfer lines; animal holding 
pens; out-of-date/spoiled product storage areas; and significant dust 
or particulate generating areas. The assessment must list any 
significant pollution sources at the site and identify the pollutant 
parameter or parameters (e.g., biochemical oxygen demand, oil and 
grease, etc.) associated with each source.
    In addition to food and kindred products processing related 
industrial activities, the plan must also describe application and 
storage of pest control chemicals (e.g., rodenticides, insecticides, 
fungicides, etc.) used at the facility, including a discussion of 
application and storage procedures.
    (3) Measures and Controls. The permittee must evaluate, select, and 
describe the pollution prevention measures, BMPs, and other controls 
that will be implemented at the facility. EPA emphasizes the 
implementation of pollution prevention measures and BMPs that reduce 
possible pollutant discharges at the source. Source reduction measures 
include, among others, preventative maintenance, chemical substitution, 
spill prevention, good housekeeping, training, and proper materials 
management. Where source reduction is not appropriate, EPA supports the 
use of source control measures and BMPs such as material segregation or 
covering, water diversion, and dust control. If source reduction or 
source control are not possible, recycling or treatment are the 
remaining alternatives. Recycling allows the reuse of storm water while 
treatment lowers pollutant concentrations prior to discharge. Since the 
majority of food and kindred products processing is conducted indoors, 
the activities identified above are geared towards only those 
activities that may contribute pollutants to storm water. Also because 
of the relatively few activities that are conducted outdoors within 
this sector, pollution prevention measures, BMPs, and other controls 
should be relatively few and easy for any given permittee. Also, these 
measures are the most appropriate means to reduce pollutant loadings to 
storm water (as opposed to pollutant limitations) because of the 
relative ease and the significant reductions in pollutant loads that 
can be realized. The permittee should consider the general storm water 
BMPs for the food and kindred products processing sector identified in 
Table U-12 and the subsector specific BMPs provided in Table U-13 when 
assessing the need for storm water measures and controls.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each of the potential pollutant sources will be addressed. The plan 
must also identify the times during which each control or practice will 
be implemented. Also, the plan should summarize the effects that the 
controls or practices will have on storm water discharges from the 
site. At a minimum, the measures and controls must address the 
following components: 

[[Page 51017]]

    (a) Good Housekeeping--Permittees must describe protocols 
established to reduce the possibility of mishandling chemicals or 
equipment and training employees in good housekeeping techniques. 
Specifics of this plan must be communicated to appropriate plant 
personnel.
    (b) Preventative Maintenance--Permittees are required to develop a 
preventative maintenance program that includes regular inspections and 
maintenance of storm water BMPs. The purpose of the inspections is to 
assess the effectiveness of the storm water pollution prevention plan. 
The inspections allow facility personnel to monitor the success or 
failure of elements of the plan on a regular basis. The use of an 
inspection checklist should be considered. A checklist ensures that all 
required areas are inspected, as well as providing documentation for 
the recordkeeping requirement.
    (c) Spill Prevention and Response Procedures--Permittees are 
required to identify 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 at food and kindred products 
processing facilities include raw material unloading and product 
loading areas, material storage areas, and waste management areas 
(e.g., dumpsters, compactors). These activities and areas, and their 
accompanying drainage points, must be described in the plan.
    (d) Inspections--In addition to the comprehensive site evaluation 
required under XI.U.6.b. (Comprehensive Site Compliance Evaluation) of 
this section of today's permit, qualified personnel must inspect 
designated equipment and areas of the facility at appropriate intervals 
as specified in the plan. Areas that are found to possibly contribute 
pollutants to storm water are identified in this section of today's 
permit as requisite areas for periodic scheduled inspections. 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. Inspections shall be carried out by 
qualified facility personnel at least once each year.
    (e) Employee Training--Permittees must describe a program for 
informing personnel at all levels of responsibility of the components 
and goals of the storm water pollution prevention plan. Training should 
address topics such as good housekeeping, materials management, and 
spill response procedures. A schedule for conducting this training must 
be provided in the plan. Where appropriate, contractor personnel also 
must be trained in relevant aspects of storm water pollution 
prevention. 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--Permittees 
must describe procedures for developing and retaining records on the 
status and effectiveness of plan implementation. The plan must address 
spills, monitoring, and BMP inspection and maintenance activities. 
Ineffective BMPs must be reported and the date of their corrective 
action noted.
    (g) Sediment and Erosion Control--Permittees must identify areas 
that, due to topography, activities, soils, cover materials, or other 
factors have a high potential for significant soil erosion. Measures to 
limit erosion in these areas must be identified.
    (h) Management of Runoff--Permittees must provide a narrative 
assessment of traditional storm water management practices that divert, 
infiltrate, reuse, or otherwise manage storm water runoff so as to 
reduce the discharge of pollutants. Based on the assessment, the 
permittee must identify practices that are reasonable and appropriate 
for the facility and must 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.
    b. Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
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 this 
section of today's permit. Comprehensive site compliance evaluations 
must be conducted at least annually for food and kindred products 
processing facilities. The individual or individuals who will conduct 
the evaluation must be identified in the plan and should be members of 
the pollution prevention team. Evaluation reports must be retained for 
at least 3 years after the date of the evaluation. Where compliance 
evaluation schedules overlap with inspections required under 
XI.V.3.a.(3)(d) of this section, the compliance evaluation may be 
conducted in place of one such inspection.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each inspection. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and never more than 12 weeks after completion of the 
evaluation.
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that food and 
kindred products facilities may reduce the level of pollutants in storm 
water runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. In order to provide a tool 
for evaluating the effectiveness of the pollution prevention plan and 
to characterize the discharge for potential environmental impacts, the 
permit requires grain mill products facilities and fats and oils 
products facilities to collect and analyze samples of their storm water 
discharges for the pollutants listed in Tables U-14 or U-15. The 
pollutants listed in Tables U-14 or U-15 were found to be above 
benchmark levels for a significant portion of facilities in these 
subsectors that submitted quantitative data in the group application 
process. Because these pollutants have been reported at benchmark 
levels from grain mill products and fats and oils products facilities, 
EPA is requiring monitoring after the pollution prevention plan has 
been implemented to assess the effectiveness of the pollution 
prevention plan and to help ensure that a reduction of pollutants is 
realized.
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, zinc is above the bench 
mark concentrations for the grain mill and beverage products 
subsectors. After a review of the nature of industrial activities and 
the significant materials exposed to storm 

[[Page 51018]]
water described by facilities in these subsectors, EPA has determined 
that the higher concentrations of zinc are not likely to be caused by 
the industrial activity, but may be primarily due to non-industrial 
activities on-site. Today's permit does not require grain mill or 
beverage products facilities to conduct analytical monitoring for this 
parameter.
    At a minimum, storm water discharges from grain mill product and 
fats and oils product facilities must be monitored quarterly during the 
second year of permit coverage. Samples must be collected at least once 
in each of the following periods: January through March; April through 
June; July through September; and October through December. At the end 
of the second year of permit coverage, a facility must calculate the 
average concentration for each parameter listed in Tables U-14 or U-15, 
and applicable to that industrial subsector. If the permittee collects 
more than four samples in this period, then they must calculate an 
average concentration for each pollutant of concern for all samples 
analyzed.

        Table U-14.--Grain Mill Products Monitoring Requirements        
------------------------------------------------------------------------
                                                              Cut-off   
                   Pollutant of concern                    concentration
------------------------------------------------------------------------
Total Suspended Solids (TSS).............................  100 mg/L     
------------------------------------------------------------------------


           Table U-15.--Fats and Oils Monitoring Requirements           
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
------------------------------------------------------------------------
Biochemical Oxygen Demand (BOD)..........................  30 mg/L      
Chemical Oxygen Demand (COD).............................  120 mg/L     
Nitrate Plus Nitrite Nitrogen............................  0.68 mg/L    
Total Suspended Solids...................................  100 mg/L     
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the value listed in Tables U-14 or U-15, then the permittee is not 
required to conduct quantitative analysis for that parameter during the 
fourth year of the permit. If, however, the average concentration for a 
parameter is greater than the cut-off concentration listed in Table U-
14 or U-15, then the permittee is required to conduct quarterly 
monitoring for that parameter during the fourth year of permit 
coverage. Monitoring is not required during the first, third, and fifth 
year of the permit. The exclusion from monitoring in the fourth year of 
the permit is conditional on the facility maintaining industrial 
operations and BMPs that will ensure a quality of storm water 
discharges consistent with the average concentrations recorded during 
the second year of the permit.

                   Table U-16.--Schedule of Monitoring                  
                                                                        
                                                                        
2nd Year of Permit          Conduct quarterly monitoring.       
 Coverage.                                                              
                            Calculate the average concentration 
                            for all parameters analyzed during this     
                            period.                                     
                            If average concentration is greater 
                            than the value listed in Table U-14 or U-15,
                            then quarterly sampling is required during  
                            the fourth year of the permit.              
                            If average concentration is less    
                            than or equal to the value listed in Table U-
                            14 or U-15, then no further sampling is     
                            required for that parameter.                
4th Year of Permit          Conduct quarterly monitoring for any
 Coverage.                  parameter where the average concentration in
                            year 2 of the permit is greater than the    
                            value listed in Table U-14 or U-15.         
                            If industrial activities or the     
                            pollution prevention plan have been altered 
                            such that storm water discharges may be     
                            adversely affected, quarterly monitoring is 
                            required for all parameters of concern.     

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or a pollutant-by-pollutant basis in lieu of 
monitoring reports required under paragraph (c) below, under penalty of 
law, signed in accordance with Part VII.G. (Signatory Requirements), 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, significant materials from past 
industrial activity that are located in areas of the facility that are 
within the drainage area of the outfall are not presently exposed to 
storm water and will not be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan and submitted to EPA in accordance with 
Part VI.C. of this permit. In the case of certifying that a pollutant 
is not present, the permittee must submit the certification along with 
the monitoring reports required under paragraph (c) below. If the 
permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. Such permittees must 

[[Page 51019]]
submit monitoring results on four separately signed Discharge 
Monitoring Report Forms to the Director. For facilities conducting 
monitoring beyond the minimum quarterly requirements an additional 
Discharge Monitoring Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. All food 
and kindred products facilities shall perform and document a visual 
examination of a storm water discharge associated with industrial 
activity from each outfall, except discharges exempted under paragraph 
(3) below. The examination(s) must be made at least once in each of the 
following 3-month periods: January through March, April through June, 
July through September, and October through December. The examination 
shall be made during daylight hours unless there is insufficient 
rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and 
effects on the management practices that are included in the plan. 

[[Page 51020]]


V. Storm Water Discharges Associated With Industrial Activity From 
Textile Mills, Apparel, and Other Fabric Product Manufacturing 
Facilities

1. Discharges Covered Under This Section
    Special permit conditions have been developed for textile mills, 
apparel, and other fabric product manufacturing facilities. The 
conditions in this section apply to storm water discharges from textile 
related operations located at any of the facilities covered under the 
storm water application regulations [40 Code of Federal Regulations 
(CFR) 122.26] and applying for coverage under this permit.
    The storm water application regulations define storm water 
discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
Category (xi) of this definition includes facilities under Standard 
Industrial Classifications 22 and 23. The conditions in this section 
apply to storm water discharges from the Textile Mill Products, of and 
regarding facilities and establishments engaged in the preparation of 
fiber and subsequent manufacturing of yarn, thread, braids, twine, and 
cordage, the manufacturing of broadwoven fabrics, narrow woven fabrics, 
knit fabrics, and carpets and rugs from yarn; processes involved in the 
dyeing and finishing of fibers, yarn fabrics, and knit apparel; the 
integrated manufacturing of knit apparel and other finished articles of 
yarn; the manufacturing of felt goods (wool), lace goods, nonwoven 
fabrics, miscellaneous textiles, and other apparel products.
    Textile Mill Product facilities (SIC major group 22) typically 
receive and prepare fibers, transform these materials into fabric or 
related products, and finish the materials before packaging. Apparel 
facilities (SIC major group 23) typically receive woven or knitted 
fabric for cutting, sewing, and packaging. For more information on the 
industrial activities at textile facilities, consult EPA's 
``Development Document for Effluent Limitations Guidelines and 
Standards for the Textile Mills'' (Document EPA 440/1-79/0226, October 
1979).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants in Storm Water Discharges Associated with the Manufacture 
of Textile Products
    Based on group application information and data, and the 
``Development Document for Effluent Limitation Guidelines and Standards 
for the Textile Mills,'' EPA has identified the storm water pollutants 
and sources resulting from textile manufacturers in Table V-1.

                               Table V-1.                               
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Raw material storage     Wool, cotton,            TSS, pH, oil and      
 and handling.            synthetics, rayon,       grease, COD, BOD5,   
                          other fibers, coal/      lead, chromium,      
                          wood piles, fuels,       benzene.             
                          oil, lubricants.                              
Storage and handling of  Dyes, dye                Copper, phenols, lead,
 materials for dyeing.    preservatives,           chromium, zinc,      
                          pigments.                aluminum, acids.     
Storage and handling of  Wool, scouring agents,   BOD5, COD, TSS, oil   
 materials for scouring   detergents.              and grease, sulfides,
 and cleaning.                                     phenols, pH,         
                                                   chromium.            
Storage and handling of  Dyes, bleaches,          BOD5, COD, TSS, oil   
 materials for            detergents, finishing    and grease, sulfides,
 bleaching, printing,     agents, printing         phenols, pH,         
 finishing, and other     products.                chromium, hydrogen   
 activities.                                       peroxide, acids.     
------------------------------------------------------------------------

    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the textile mills, apparel, and other fabric 
product manufacturing industry into subsectors to properly analyze 
sampling data and determine monitoring requirements. As a result, this 
sector has been divided into the following subsectors: textile mills 
and apparel and other finished products made from fabrics. Table V-2 
below includes data for the eight pollutants that all facilities were 
required to monitor for under Form 2F. The table also lists those 
parameters that EPA has determined may merit further monitoring. A 
table has not been included for the apparel and other finished products 
made from fabrics subsector because less than 3 facilities submitted 
data.

                              Table V-2.--Statistics for Selected Pollutants Reported by Textile Mill Products Facilities Submitting Part II Sampling Data i (mg/L)                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  No. of      No. of samples           Mean                 Minimum               Maximum               Median           95th percentile       99th percentile  
                                facilities  ----------------------------------------------------------------------------------------------------------------------------------------------------
    Pollutantsample type     ---------------                                                                                                                                                    
                               Grab   Comp    Grab     Comp       Grab       Comp       Grab       Comp       Grab       Comp      Grab       Comp       Grab       Comp       Grab       Comp  
---------------------------------------ii-------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5........................     51      49     96     93         10.4        9.53       0.0        0.0       50.0       50.2        7.0       7.0       29.8       26.02      51.1       43.2  
COD.........................     51      49     96     93         61.9       46.25       0.0        0.0      306.0      212.0       41.0      36.0      194.0      132.1      365.0      228.8  
Nitrate + Nitrite Nitrogen..     51      49     96     93          1.35       1.22       0.00       0.0       71.00      65.0        0.30      0.34       3.17       2.71       6.80       5.74 
Total Kjeldahl Nitrogen.....     51      49     96     93          1.98       1.71       0.00       0.0        7.40       8.30       1.64      1.50       5.54       4.38       9.03       6.76 
Oil & Grease................     51     N/A     97    N/A          3.2      N/A          0.0      N/A         42.0      N/A          0.0     N/A         17.8      N/A         35.9      N/A    
pH..........................     48     N/A     91    N/A        N/A        N/A          4.0      N/A         10.2      N/A          6.9     N/A          9.1      N/A         10.4      N/A    
Total Phosphorus............     51      49     96     93          0.28       0.29       0.00       0.0       11.00      11.0        0.12      0.11       0.66       0.66       1.29       1.30 
Total Suspended Solids......     51      49     96     93        126         75          0          0.0     1888       1675         38        20        591        261       1860        694    
Zinc, Total.................      7       6     16     14          0.328      0.296      0.000      0.070      1.060      0.880      0.19      0.21       1.079      0.769      2.062      1.269 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

 
[[Page 51021]]

3. Options for Controlling Pollutants
    Table V-3 lists some BMPs which may be effective in limiting the 
amount of pollutants in storm water discharges from textile facilities. 
Many of the BMPs suggested focus on the process aspect of textile 
manufacturing. Although processes are typically conducted indoors, EPA 
believes that changes in the manufacturing process, such as a switch to 
less toxic chemicals, can lessen the amount of contamination in storm 
water discharges. The BMPs listed are not necessarily required to be 
implemented. Rather, BMPs should be chosen based on the specific nature 
of the storm water discharges at each textile facility and implemented 
as appropriate. Based on part 1 information, several of the BMPs 
suggested are already in place at many of the facilities. Part 1 
submittals indicate that diking or other types of diversion occur at 55 
percent of the sampling facilities. Nineteen percent of the sampling 
facilities noted that they use some form of covering as a BMP, and 
catch basins are in place at 45 percent. In addition, 64 percent of the 
facilities designated as samplers in part 1 information reported they 
had a Spill Prevention Control and Countermeasure Plan in place, while 
56 percent used swales, 29 percent had vegetation strips, and 12 
percent utilized ponds to collect storm water.

   Table V-3.--Common Best Management Practices for Textile Facilities  
------------------------------------------------------------------------
         Activity                               BMPs                    
------------------------------------------------------------------------
Preparation (e.g.,         Waste stream reuse for typical bleach unit   
 Desizing and Scouring).    processing; recycle J-box or kier drain     
                            wastes to saturator.                        
                           Make use of countercurrent washing.          
                           Use washer waste from scour operation for    
                            batch scouring.                             
Dyeing...................  Perform analysis of spent dye baths for      
                            residual materials.                         
                           Where feasible, obtain background information
                            and data necessary before making product    
                            substitutions. This includes OSHA form 20   
                            data and technical data.                    
                           Be aware of potential problem chemicals, such
                            as aryl phenol ethoxylates, chlorinated     
                            aromatics, chlorinated aromatics, and       
                            metals.                                     
                           Employ pad batch dyeing to eliminate the need
                            for salts and chemical specialties from the 
                            dyebath, with associated reduction in cost  
                            and pollution source reduction.             
Finishing................  Reuse residual portions of finish mixes as   
                            much as possible by adding back to them the 
                            required components to make up the next mix.
                           Return noncontact cooling water and stream   
                            condensates to either a hot water holding   
                            tank or a clear well. If neither is         
                            available, segregate waste streams from     
                            sources which do not generally require      
                            treatment from other waste streams that do  
                            require treatment.                          
General Water              Use ``low liquor ratio'' dyeing machines     
 Conservation Techniques.   where practicable.                          
                           Use of foam processing (mercerizing,         
                            bleaching, dyeing, finishing) where         
                            practicable as a water conservation process.
Chemical Screening and     Employ prescreening practices to evaluate and
 Inventory Control.         consider chemicals on a wide range of       
                            environmental and health impact criteria.   
                           Develop and perform a routine raw material   
                            quality control program.                    
                           Review and develop procedures for source     
                            reduction of metals.                        
                           Promptly transfer used fluids to the proper  
                            container; do not leave full drip pans or   
                            other open containers around the shop. Empty
                            and clean drip pans and containers.         
                           Do not pour liquid waste down floor drains,  
                            sinks, or outdoor storm drain inlets.       
                           Plug floor drains that are connected to the  
                            storm or sanitary sewer; if necessary,      
                            install a sump that is pumped regularly.    
                           Inspect the maintenance area regularly for   
                            proper implementation of control measures.  
                           Train employees on proper waste control and  
                            disposal procedures                         
Material Handling: Bulk    Store permanent tanks in a paved area        
 Liquid Storage and         surrounded by a dike system which provides  
 Containment.               sufficient containment for the larger of    
                            either 10 percent of the volume of all      
                            containers or 110 percent of the volume of  
                            the largest tank.                           
                           Maintain good integrity of all storage tanks.
                           Inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           Inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, valves) for      
                            failures or leaks.                          
                           Train employees on proper filling and        
                            transfer procedures.                        
Material Handling:         Store containerized materials (fuels, paints,
 Containerized Material     solvents, etc.) in a protected, secure      
 Storage.                   location and away from drains.              
                           Store reactive, ignitable, or flammable      
                            liquids in compliance with the local fire   
                            code.                                       
                           Label all materials clearly.                 
                           Identify potentially hazardous materials,    
                            their characteristics, and use.             
                           Control excessive purchasing, storage, and   
                            handling of potentially hazardous materials.
                           Keep records to identify quantity, receipt   
                            date, service life, users, and disposal     
                            routes.                                     
                           Secure and carefully monitor hazardous       
                            materials to prevent theft, vandalism, and  
                            misuse of materials.                        
                           Educate personnel for proper storage, use,   
                            cleanup, and disposal of materials.         
                           Provide sufficient containment for outdoor   
                            storage areas for the larger of either 10   
                            percent of the volume of all containers or  
                            110 percent of the volume of the largest    
                            tank.                                       
                           Use temporary containment where required by  
                            portable drip pans.                         
                           Use spill troughs for drums with taps.       
Material Handling:         Mix solvents in designated areas away from   
 Designated Material        drains, ditches, and surface waters.        
 Mixing Areas.                                                          
                           If spills occur,                             
                            Stop the source of the spill        
                            immediately                                 
                            Contain the liquid until cleanup is 
                            complete                                    
                            Deploy oil containment booms if the 
                            spill may reach the water                   

[[Page 51022]]
                                                                        
                            Cover the spill with absorbent      
                            material                                    
                            Keep the area well ventilated       
                            Dispose of cleanup materials        
                            properly                                    
                            Do not use emulsifier or dispersant.
                                                                        
------------------------------------------------------------------------
 Sources: Smith, Brent, ``Identification and Reduction of Pollution     
  Sources in Textile Wet Processing.'' Department of Textile Chemistry, 
  North Carolina State University, Raleigh, NC, 1986.                   
 Smith, Brent, ``Identification and Reduction of Toxic Pollutants in    
  Textile Mill Effluent.'' Department of Textile Chemistry, North       
  Carolina State University, Raleigh, NC, 1992.                         
 NPDES Storm Water Group Applications--Part 1. Received by EPA March 18,
  1991 through December 31, 1992.                                       


4. Special Conditions
    There are no additional requirements beyond those described in Part 
VI.B of this fact sheet.
5. Storm Water Pollution Prevention Plan Requirements
    The permit conditions that apply to storm water discharges from 
textile mills, apparel and other fabric product manufacturing 
facilities are, in part, established upon the basic requirements in the 
front of this fact sheet. The following discussion addresses only those 
conditions that may differ from the common pollution prevention plan 
provisions discussed previously.

a. Contents of the Plan

    (1) Description of Potential Pollutant Sources. Under the 
description of potential pollutant sources in the storm water pollution 
prevention plan requirements, permittees are required to include 
processing areas, loading/unloading areas, treatment, storage, and 
waste disposal areas, liquid storage tanks, fueling areas, on a site 
facility map. EPA believes that this is appropriate since these areas 
may potentially be a significant source of pollutants to storm water.
    (2) Measures and Controls. Under the description of measures and 
controls in the storm water pollution prevention plan requirements, 
this section requires that all areas that may contribute pollutants to 
storm water discharges shall be maintained in a clean, orderly manner. 
This section also requires that the following areas must be 
specifically addressed:
    (a) Material Storage Areas--All stored and containerized materials 
(fuels, petroleum products, solvents, dyes, etc.) must be stored in a 
protected area, away from drains and clearly labeled. The plan must 
describe measures that prevent or minimize contamination of storm water 
runoff from such storage areas. The facility should specify which 
materials are stored indoors and must provide a description of the 
contaminant area or enclosure for those materials which are stored 
outdoors. Above ground storage tanks, drums, and barrels permanently 
stored outside must be delineated on the site map with a description of 
the appropriated containment measures in place to prevent leaks and 
spills. The facility may consider an inventory control plan to prevent 
excessive purchasing, storage, and handling of potentially hazardous 
substances. In the case of storage of empty chemical drums and 
containers, facilities should employ such practices as triple-rinsing 
containers. The discharge waters from such washings must be collected, 
contained, or treated, and facilities should identify where the 
discharge will be released.
    (b) Material Handling Area--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
materials handling operations and areas. The facility may consider the 
use of spill and overflow protection; covering fuel areas; covering and 
enclosing areas where the transfer of materials may occur. Where 
applicable, the plan must address the replacement or repair of leaking 
connections, valves, transfer lines and pipes that may carry chemicals, 
dyes, or wastewater.
    (c) Fueling Areas--The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from fueling areas. 
The facility may consider covering the fueling area, using spill and 
overflow protection, minimizing runon of storm water to the fueling 
area, using dry cleanup methods, and/or collecting the storm water 
runoff and providing treatment or recycling.
    (d) Above Ground Storage Tank Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from above ground storage tank areas. The facility must consider 
storage tanks and their associated piping and valves. The facility may 
consider regular cleanup of these areas, preparation of a spill 
prevention control and countermeasure program, providing spill and 
overflow protection, minimizing runon of storm water from adjacent 
facilities and properties, restricting access to the area, inserting 
filters in adjacent catch basins, providing absorbent booms in unbermed 
fueling areas, using dry cleanup methods, and permanently sealing 
drains within critical areas that may discharge to a storm drain.
    EPA believes that the incorporation of management practices such as 
those suggested will substantially reduce the potential for these 
activities and areas to significantly contribute pollutants to storm 
water discharges. In addition, EPA believes that these requirements 
continue to provide the necessary flexibility to address the variable 
risk for pollutants in storm water discharges associated with different 
facilities. Further, many facilities will find that management measures 
that have already been incorporated into the facility's operation, such 
as the installation of overfill protection equipment and labelling and 
maintenance of used oil storage units, are already required under 
existing EPA programs and will meet the requirements of this section.
    Under the preventive maintenance requirements, the plan 
specifically includes the routine inspection of sediment traps to 
ensure that solids will be intercepted and retained prior to entering 
the storm drainage system. Because of the nature of operations which 
occur at textile facilities, specific routine attention needs to be 
placed on the collection of solids.
    Under the inspection requirements this section requires that, in 
addition to the comprehensive site evaluation required under Part IV of 
today's permit, qualified facility personnel shall be identified to 
inspect designated equipment and areas of the facility, at a minimum, 
on a monthly basis.
    The purpose of the inspections is to check on the implementation 
and effectiveness of the storm water pollution prevention plan. The 
inspections allow facility personnel to monitor the success or failure 
of elements of the plan on a regular basis. The use of an inspection 
checklist is 

[[Page 51023]]
highly encouraged. The checklist will ensure that all required areas 
are inspected, as well as help to meet the record keeping requirements.
    The permittee is required to identify at least annual dates for 
employee training. EPA requires 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. Employee training must, at a minimum, address the following areas 
when applicable to a facility: use of reused/recycled waters; solvents 
management; proper disposal of dyes; proper disposal of petroleum 
products and spent lubricants; spill prevention and control; fueling 
procedures; and general good housekeeping practices. Employees, 
independent contractors, and customers must be informed about BMPs and 
be required to perform in accordance with these practices. Copies of 
BMPs and any specific management plans, including emergency phone 
numbers, shall be posted in the work areas. EPA, therefore, is 
requiring that employee training take place at least once a year to 
serve as: (1) Training for new employees; (2) a refresher course for 
existing employees; and (3) training for all employees on any storm 
water pollution prevention techniques recently incorporated into the 
plan.
6. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at facilities covered by this section of today's 
permit. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, zinc is above the bench 
mark concentrations for the textile mills subsector. After a review of 
the nature of industrial activities and the significant materials 
exposed to storm water described by facilities in this subsector, EPA 
has determined that the higher concentrations of zinc are not likely to 
be caused by the industrial activity, but may be primarily due to non-
industrial activities on-site. Today's permit does not require textile 
mills facilities to conduct analytical monitoring for this parameter. 
Based on a consideration of the BMPs typically used at these 
facilities, and generally low pollutant values from the application 
data, EPA believes that the pollution prevention plan with visual 
examinations of storm water discharges (see below) will help to ensure 
storm water contamination is minimized. Because permittees are not 
required to conduct analytical monitoring, they will be able to focus 
their resources on developing and implementing the pollution prevention 
plan.
    b. Quarterly Visual Examination of Storm Water Quality. Textile 
mills, apparel, and other fabric product facilities shall perform and 
document a visual examination of a storm water discharge associated 
with industrial activity from each outfall, except discharges exempted 
under paragraph (3) below. The examination(s) must be made at least 
once in each of the following 3-month periods: January through March, 
April through June, July through September, and October through 
December. The examination shall be made during daylight hours unless 
there is insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will 

[[Page 51024]]
provide meaningful results upon which the facility may act quickly. The 
frequency of this visual examination will also allow for timely 
adjustments to be made to the plan. If BMPs are performing 
ineffectively, corrective action must be implemented. A set of tracking 
or follow-up procedures must be used to ensure that appropriate actions 
are taken in response to the examinations. The visual examination is 
intended to be performed by members of the pollution prevention team. 
This hands-on examination will enhance the staff's understanding of the 
storm water problems on that site and the effects of the management 
practices that are included in the plan.
    As discussed above, EPA does not believe that analytical monitoring 
is necessary for textile mills, apparel, and other fabric product 
manufacturing facilities. EPA believes that between quarterly visual 
examinations and site compliance evaluations potential sources of 
contaminants can be recognized, addressed, and then controlled with 
BMPs. In determining the monitoring requirements, EPA considered the 
nature of the industrial activities and significant materials exposed 
at these sites, and performed a review of data provided in Part 2 group 
applications.

W. Storm Water Discharges Associated With Industrial Activity From Wood 
and Metal Furniture and Fixture Manufacturing Facilities

1. Discharges Covered Under This Section
    On November 16, 1990 (55 FR 47990), the U.S. Environmental 
Protection Agency (EPA) promulgated the regulatory definition of 
``storm water discharges associated with an industrial activity.'' This 
definition included point source discharges of storm water from eleven 
major categories of facilities, including facilities under Standard 
Industrial Classification (SIC) codes 2434 and 25. Part XI.W. of 
today's permit only covers storm water discharges associated with 
industrial activities from furniture and fixture manufacturing 
facilities. Furniture and fixture manufacturing facilities eligible for 
coverage under this section include facilities identified by the 
following SIC codes: wood kitchen cabinets (generally described by SIC 
code 2434); household furniture (generally described by SIC code 251); 
office furniture (generally described by SIC code 252); public 
buildings and related furniture (generally described by SIC code 253); 
partitions, shelving, lockers, and office and store fixtures (generally 
described by SIC code 254); and miscellaneous furniture and fixtures 
(generally described by SIC code 259).
    Storm water discharges covered by this section include all 
discharges where material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, or industrial machinery are exposed to precipitation and 
storm water runon. Storm water that does not come into contact with an 
industrial activity or a significant material are not subject to 
permitting according to 40 CFR 122.26. This section is not applicable 
to any discharge subject to effluent limitation guidelines. However, 
the storm water component of the unpermitted discharge may be included 
under this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Industry Profile
    The manufacturing processes for furniture and fixture manufacturing 
facilities are not typically exposed to storm water. However, unloading 
operations and the storage of some raw materials, and waste products, 
may be exposed to precipitation. Because of the lack of industrial 
activities occurring outdoors and the necessity of keeping many of the 
raw materials dry, the primary sources of storm water pollutants 
originate from materials handling and waste management or disposal 
activities. Table W-1 lists potential pollutant source activities, and 
related pollutants associated with furniture and fixture manufacturing 
facilities. There are two primary types of furniture and fixture 
manufacturing facilities. The distinction is based on the primary raw 
material, wood or metal. The manufacturing processes and significant 
materials to produce wood and metal furniture or fixtures are not 
similar. However, these manufacturing activities and wood resources are 
not typically exposed to precipitation.

        Table W-1.--Activities, Pollutant Sources, and Pollutants       
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Wood Drying............  Coal...................  TSS, pH, cadmium,     
                                                   arsenic.             
                         Saw Dust...............  TSS, COD, BOD5, pH.   
                         Ash....................  TSS, pH.              
Furniture Manufacturing  Sizing Operations......  TSS, BOD5, pH.        
                         Painting Operations....  Lead, cadmium, COD.   
                         Gluing Operations......  Solvents, COD, oil &  
                                                   grease.              
                         Used Rags..............  Solvents, COD, oil &  
                                                   grease.              
                         Processing materials     Diesel fuel, gasoline,
                          unloading.               oil, TSS.            
                         Waste Material           TSS, BOD5, pH.        
                          Transportation.                               
                         Treatment Facilities...  Solvents, COD, oil &  
                                                   grease.              
                         Open Dumps.............  TSS, BOD5, oil &      
                                                   grease, COD.         
Other Activities.......  Air Emission Control     TSS, pH, cadmium,     
                          Cleaning.                lead, copper, zinc.  
------------------------------------------------------------------------
Source: Storm Water Group Applications, Parts 1 and 2.                  

    Industrial activities occurring at furniture and fixture 
manufacturing facilities that pertain to the storm water rule include, 
`` * * * but [are] not limited to, storm water discharges from 
industrial plant yards; material handling sites; refuse sites; sites 
used for the application or disposal of process wastewaters (as defined 
at 40 CFR Part 

[[Page 51025]]
401); sites used for the storage and maintenance of material handling 
equipment; sites used for residual treatment, storage, or disposal; 
shipping and receiving areas; manufacturing buildings; storage areas 
(including tank farms) for raw materials and intermediate and finished 
materials; and areas where industrial activity has taken place in the 
past and significant materials remain and are exposed to storm water'' 
(40 CFR 122.26(b)(14)). The most common industrial activities at 
furniture and fixture manufacturing facilities include material 
handling sites and raw material storage areas.
    Significant materials include, `` * * * but [are] not limited to: 
raw materials; fuels; materials such as solvents, detergents, and 
plastic pellets; finished materials such as metallic products; * * * 
hazardous substances designated under Section 101(14) of CERCLA; any 
chemical facilities required to report pursuant to Section 313 of Title 
III of SARA; fertilizers; pesticides; and waste products such as ashes, 
slag, and sludge that have the potential to be released with storm 
water discharges'' (40 CFR 122.26(b)(12)). Significant materials 
commonly found at furniture and fixture manufacturing facilities 
include: wood; saw dust; metals; petroleum-based products; solvents; 
detergents; and waste materials.
    Manufacturers of furniture and fixtures are separated by the 
primary raw material (i.e., wood and metal). The primary raw materials, 
industrial processes, waste and by-products, and final products differ 
for the production of wood furniture and metal furniture. Within each 
subsector the number of industrial activities and corresponding 
significant materials and waste products may also vary. Presented below 
are brief descriptions of the industrial activities and significant 
materials associated with the manufacturing of wood and metal furniture 
and fixtures. Due to similarities in the production of furniture and 
fixtures within subsectors, industrial activities and significant 
materials are fairly uniform across this sector. Unique practices are 
noted.
    a. Manufacturing of Wood Furniture and Fixtures. The process of 
manufacturing wood furniture begins with the delivery and storage of 
wood. There are three different raw wood materials; lumber, veneer, and 
particle board. Since the manufacturing processes are not typically 
exposed to storm water for this industry, some of the ``industrial 
activities'' described below may not be susceptible to storm water 
exposure. Significant materials and materials management practices do 
refer to those materials exposed to storm water, and to the subsequent 
management practices used to control storm water. Variations on 
exposure to industrial activities and significant materials are site-
specific.
    (1) Industrial Activities. Once delivered, raw lumber is allowed to 
air dry up to 1 year. After the lumber is sufficiently air dried it is 
then transported to a dry kiln for further drying. The lumber is kiln 
dried anywhere from 7 to 150 days. Once the lumber has been dried to a 
desired moisture content, the dried lumber is taken to the processing 
area. The remaining furniture manufacturing processes are all completed 
indoors. Manufacturers may also receive lumber that is already dried. 
Therefore, the manufacturers may not need to air or kiln dry the wood 
and proceed directly into the processing stage.
    The dried lumber is run through planers, to create a smooth, 
preliminary working surface, and then cut to specified dimensions 
depending on the end use. The sized lumber is then taken through 
sanding and machining operations. Sanding produces a smooth, fine 
working surface. Machining can include boring, routing, lathe 
operations, mitre cutting, and finish cuts. From this point, each piece 
of wood is dedicated to a specific product.
    Veneer is another raw material used in the production of furniture. 
In this process logs are placed in a steam vat to increase the moisture 
content of a log. The logs are turned on a lathe to peel off the 
veneer. The resulting veneer sheets are layered into stacks or 
``hacks.'' Moisture is removed from the hacks by kiln drying. After a 
desired moisture content has been achieved the hacks are disassembled. 
Veneer is frequently hot or cold pressed onto particle board or solid 
wood by utilizing adhesives.
    Particle board is the third raw material incorporated into the 
manufacturing of wood furniture. The board is received, cut to size, 
and banded on all four edges with solid wood. The banding is 
accomplished in continuous, steam heated units utilizing adhesives. The 
panels are allowed to cool and then they are sanded. Particle board is 
frequently coated with veneer.
    The products from the three raw materials may be combined during 
the machining and sanding step or during the final assembly of a 
furniture piece. The machining and sanding step may include: initial 
sizing of particle board, veneer, and lumber; laminating operations; 
and surface printing. Once all the pieces of a particular furniture 
item are manufactured and sized, assembly can begin. This process 
generally involves an assembly line routing with many different 
individuals and machines working together to build the unit.
    The final step in creating an un-upholstered piece of furniture 
involves surface finishing. This process may involve many separate 
coats of stains, lacquers, sealers, and finishes to a single unit. This 
is the step where a uniform wood color and texture are given to each 
piece of furniture or furniture grouping.
    Facilities that manufacture upholstered furniture may have all of 
the previously mentioned activities, or may purchase dried or sized 
materials from a manufacturer. Upholstered furniture manufacturers will 
transport, handle, store, and process natural and synthetic fibers used 
for the upholstery. After the wood component of an upholstered piece of 
furniture is assembled, the upholstery materials are cut, sized, 
stretched, and then attached to the frame. After the final inspection 
of a furniture piece, the unit is packaged and either stored 
temporarily onsite or immediately shipped to an offsite location.
    (2) Significant Materials. The significant materials identified, in 
part 1 of the group applications, as exposed to storm water at wood 
furniture and fixture manufacturing facilities include: raw wood; 
sawdust; coal; kiln ash; solvent-based finishing materials and waste 
products; used rags; raw glue and waste materials; and petroleum-based 
products. While most of the raw wood material is stored outside, more 
valuable wood products (e.g., sheets of veneer, mahogany, etc.) and 
some composite wood products (e.g., particle board) may be stored 
inside or under cover.
    b. Manufacturing of Metal Furniture and Fixtures. Many furniture 
and fixture manufacturing facilities build their furniture with metal 
as the primary raw material. However, some manufacturers combine wood 
and upholstered materials with a metal frame. Metal furniture 
manufacturing facilities may purchase wood pieces ready for assembly or 
they may have all the industrial activities of wood manufacturing 
facilities in addition to the metal manufacturing facilities. The 
industrial activities at metal furniture manufacturing facilities will 
be site-specific and depend upon the level of work necessary to shape 
and treat the delivered metal into a furniture piece.
    (1) Industrial Activities. Facilities that manufacture metal 
household furniture conduct operations that include: machining and 
assembly, finishing, and temporary storage of finished products within 
an enclosed building. Cold roll steel is initially received and 

[[Page 51026]]
temporarily stored within the manufacturing building. However, steel 
may be stored outside prior to use. The steel is cut to size, bent, and 
welded to design specifications to fabricate raw metal household 
furniture. Final grinding, sanding, finishing, spot welding, and 
painting are then completed. After the final inspection of a furniture 
piece, the unit is packaged and either stored temporarily onsite or 
immediately shipped to an offsite location.
    (2) Significant Materials. The significant materials identified as 
exposed to storm water, in part 1 of the group applications, at metal 
furniture and fixture facilities include: metals; sawdust; solvent-
based finishing materials and waste products; electroplating solutions 
and sludges; used rags; raw glue and waste materials; and petroleum-
based products. Prior to manufacturing rolls of steel may be stored 
outdoors but will be brought indoors for manufacturing.
3. Pollutants in Storm Water Discharges Associated with Furniture and 
Fixtures Manufacturing Facilities
     Few pollutants are expected in storm water discharges from the 
manufacturing of wood and metal furniture and fixtures because the 
majority of the industrial activities occur indoors. Pollutants may be 
present in storm water as a result of outdoor activities associated 
with the manufacturing of wood and metal furniture and fixture such as: 
material handling operations; waste disposal; raw material storage; and 
deposition of airborne particulate matter. In addition, sources of 
pollutants other than storm water, such as illicit connections, spills, 
and other improperly dumped materials, may increase the pollutant 
loadings discharged into waters of the United States.
    Many of the part 2 group application data submittals did not 
identify individual site characteristics or sources of storm water 
pollutants which may be responsible for pollutant loadings.
    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at Wood 
and Metal Furniture and Fixture Manufacturing facilities as a whole and 
not subdivide this sector. Therefore, Table W-2 lists data for selected 
parameters from facilities in the Wood and Metal Furniture and Fixture 
Manufacturing sector. These data include the eight pollutants that all 
facilities were required to monitor for under Form 2F, as well as the 
pollutants that EPA has determined may merit further monitoring.

                              Table W-2.--Statistics for Selected Pollutants Reported by Furniture and Fixtures Facilities Submitting Part II Sampling Datai (mg/L)                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of        No. of             Mean                 Minimum               Maximum              Median           95th Percentile       99th Percentile  
                                     Facilities      Samples   ---------------------------------------------------------------------------------------------------------------------------------
      Pollutant sample type       -----------------------------                                                                                                                                 
                                    Grab  Compii   Grab   Comp     Grab       Comp       Grab       Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5.............................     16      15     25     24     12.2        8.80       0.0        0.0       46.0       32.0        9.0       5.95     38.8       27.0       72.2       47.0  
COD..............................     16      15     25     24     96.0       76.3        0.0        0.0      300.0      240.0       83.0      72.5     231.9      187.6      358.4      288.0  
Nitrate + Nitrite Nitrogen.......     16      15     25     24      1.73       1.51       0.00       0.0       12.00      10.0        0.90      0.68      6.11       5.1       12.97      11.1  
Total Kjeldahl Nitrogen..........     16      15     25     24      4.37       4.40       0.00       0.60      46.00      55.0        1.70      1.35     10.70       9.57      20.39      18.88 
Oil & Grease.....................     16     N/A     25    N/A      3.8      N/A          0.0      N/A         33.0      N/A          0.0     N/A        19.1      N/A         45.0      N/A    
pH...............................     15     N/A     23    N/A    N/A        N/A          4.2      N/A          9.3      N/A          7.5     N/A         9.7      N/A         10.8      N/A    
Total Phosphorus.................     16      15     25     24      0.27       0.26       0.00       0.0        1.10       1.30       0.20      0.19      0.76       0.76       1.30       1.35 
Total Suspended Solids...........     16      15     25     24    188        143          3          2        891        900        130        91      1008        791       2740       2290    
Zinc, Total......................      3       3      4      4      2.973      0.594      0.340      0.074     10.000      1.500      0.78      0.40     14.907      3.056     44.006      7.758 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

4. Options for Controlling Storm Water Pollutants.
    Certain BMPs are implemented to prevent and/or minimize exposure of 
pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges.
    Part 1 group application data indicate that few BMPs have been 
implemented at wood and metal furniture and fixture manufacturing 
facilities. The only BMPs identified in the part 1 applications 
include: closed tanks, drums, and metal boxes; and partial covering. 
The part 1 data submissions did not indicate the presence of any 
traditional BMPs, such as sedimentation and retention ponds, or 
diversion dikes. However, the group application process did not require 
a description, or identification, of traditional BMPs, only the 
identification of material management practices that limit the contact 
between storm water and significant materials.
    Because BMPs described in the part 1 data are limited, EPA is 
providing an overview of supplementary BMPs for use at furniture and 
fixture manufacturing facilities. However, inclusion of a BMP cited 
does not preclude the use of other viable BMP options. Table W-3 
summarizes BMP options as they apply to wood and metal furniture and 
fixture manufacturing facilities.

  Table W-3.--Storm Water BMPs for Furniture and Fixture Manufacturing  
                               Facilities                               
------------------------------------------------------------------------
         Activity                 Best management practices (BMPs)      
------------------------------------------------------------------------
Outdoor Unloading and      Confine loading/unloading activities to a    
 Loading.                   designated area.                            
                           Perform all loading/unloading activities in a
                            covered or enclosed area.                   
                           Close storm drains during loading/unloading  
                            activities in surrounding areas.            

[[Page 51027]]
                                                                        
                           Avoid loading/unloading materials in the     
                            rain.                                       
                           Inspect all containers prior to loading/     
                            unloading of any raw or spent materials.    
                           Berm, curb, or dike loading/unloading areas. 
                           Use dry clean-up methods instead of washing  
                            the areas down.                             
                           Train employees on proper loading/unloading  
                            techniques.                                 
Outdoor Material Storage   Confine storage of raw materials, parts, and 
 (including waste and       equipment to designated areas.              
 particulate emission                                                   
 management).                                                           
                           Train employees on proper waste control and  
                            disposal.                                   
                           Berm, curb, or dike any areas around tanks.  
                           Ensure that all containers are properly      
                            sealed and valves closed.                   
                           Inventory all raw and spent materials.       
                           Inspect air emission control systems         
                            regularly, and repair or replace when       
                            necessary.                                  
                           Store wastes in covered, leak proof          
                            containers (e.g., dumpsters, drums).        
                           Store wastes in enclosed and/or covered      
                            areas.                                      
                           Ensure hazardous and solid waste disposal    
                            practices are performed in accordance with  
                            applicable Federal, State, and local        
                            requirements.                               
                           Ship all wastes to offsite landfills or      
                            treatment facilities.                       
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
  March 18, 1991, through December 31, 1992, and EPA, Office of Water.  
  September 1992. ``Storm Water Management for Industrial Activities:   
  Developing Pollution Prevention Plans and Best Management Practices.''
  EPA 832-R-92-006.                                                     


    Many of the BMPs identified in Table W-3 are reminders of good or 
preferred operating procedures that are intended to limit the exposure 
of significant materials and industrial activities to storm water. 
Facility operators should review their current operations and consider 
implementing these BMPs if they are applicable to the site in order to 
reduce storm water contamination.
    Since none of the facilities within the wood and metal furniture 
and fixture manufacturing sector indicated the presence of traditional 
storm water management practices, EPA is requiring the participants in 
this sector to consider the implementation of storm water diversions 
and sediment control and collection structures.
    Discharge diversions provide the first line of defense in 
preventing the contamination of discharges, and subsequent 
contamination of receiving waters of the United States. Discharge 
diversions are temporary or permanent structures installed to divert 
flow, store flow, or limit storm water runon and runoff.
    These diversion practices have several objectives. First, diversion 
structures can be designed to prevent otherwise uncontaminated (or less 
contaminated) water from crossing disturbed areas or areas containing 
significant amounts of contaminated materials, where contact may occur 
between runon and significant materials. These source reduction 
measures may be particularly effective for preventing uncontaminated 
discharges from contacting exposed materials and/or reduce the flow 
across disturbed areas, thereby lessening the potential for erosion. 
Second, diversion structures can be used to collect or divert waters 
for later treatment, if necessary. The usefulness of these control 
measures are limited by such factors as the size of the area to be 
controlled and the type and nature of materials exposed and 
precipitation events.
    Diversion dikes, curbs, and berms are temporary or permanent 
diversion structures that prevent runoff from passing beyond a certain 
point, and divert runoff away from its intended path. Dikes, curbs or 
berms may be used to surround and isolate areas of concern at wood and 
metal furniture manufacturing facilities, and divert flow around piles 
of significant materials in order to minimize or limit offsite 
discharges of contaminated storm water.
    Sediment control and collection limits movement and retains 
sediments from being transported offsite. Several structural collection 
devices have been developed to remove sediment from runoff before it 
leaves the site. Several methods of removing sediment from site runoff 
involve diversion mechanisms previously discussed, supplemented by a 
trapping or storage device. Structural practices typically involve 
filtering diffuse storm water flows through temporary structures such 
as straw bale dikes, silt fences, brush barriers or vegetated areas.
    However, structural practices require periodic removal of sediment 
to remain functional, for both temporary and permanent structures. As 
such, they serve as more active-type practices which may not be 
appropriate for permanent use at inactive mines. However, these 
practices may be effectively used as temporary measures during active 
operation and/or prior to the final implementation of permanent 
measures. Temporary structures include: plastic matting, plastic 
netting, and erosion control blankets; mulch-straw or wood chips; and 
compaction. Permanent sediment control and collection structures 
include: sediment/settling ponds; sediment traps or catch basins; and 
vegetated buffer strips.
5. Storm Water Pollution Prevention Plan Requirements
    All facilities subject to this section must prepare and implement a 
storm water pollution prevention plan. The establishment of a pollution 
prevention plan requirement reflects EPA's decision to allow operators 
of furniture and fixture manufacturing facilities to utilize BMPs as 
the BAT/BCT level of control for the storm water discharges covered by 
this section. The requirements included in pollution prevention plans 
provide a flexible framework for the development and implementation of 
site-specific controls to minimize pollutants in storm water 
discharges. EPA believes that pollution prevention is the most 
effective approach for controlling contaminated storm water discharges 
from furniture and fixture manufacturing facilities. Pollution 
prevention plans allow the operator of a facility to select BMPs based 
on site-specific considerations such as: facility size; climate; 
geographic location; hydrogeology; the environmental setting of each 
facility; volume and type of discharge generated, and current BMPs. 
This flexibility is necessary because each facility will be unique in 
that the source, type, and volume of contaminated surface water 
discharges will differ from site to site. 

[[Page 51028]]

    There are two major objectives to a pollution prevention plan: (1) 
To identify sources of pollution potentially affecting the quality of 
storm water discharges associated with an industrial activity from a 
facility; and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity. Specific requirements for a pollution 
prevention plan for furniture and fixture manufacturing facilities are 
described below. These requirements must be implemented in addition to 
the pollution prevention plan provisions discussed previously, or any 
other industry-specific requirements to which the facility is subject. 
For example, facilities with coal piles must comply with the provisions 
for coal pile runoff, as well as the pollution prevention requirements 
for the furniture and fixture manufacturing industry.
    a. Description of Potential Pollution Sources. Under the drainage 
requirements, the site map must show areas where the following 
activities take place, if applicable: fueling; vehicle and equipment 
maintenance and/or cleaning; loading and unloading; material storage 
(including tanks or other vessels used for liquid or waste storage); 
outdoor material processing; waste treatment, storage, or disposal; 
haul roads; access roads; and rail spurs. The site map must also 
indicate the outfall locations and the types of discharges contained in 
the drainage areas of the outfalls (e.g. storm water and air 
conditioner condensate). 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.
    b. Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must evaluate, 
select, and describe the pollution prevention measures, BMPs, and other 
controls that will be implemented at the facility. The permittee must 
assess the applicability of the following categories of BMPs for their 
site: discharge diversions, drainage/storm water conveyance systems, 
runoff dispersions, and good housekeeping measures. In addition, 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.
    The pollution prevention plan must discuss the reasons each 
selected structural control or BMP is appropriate for the facility and 
how each will address the potential sources of storm water pollution. 
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.
    Permittees are also required to develop a preventive maintenance 
program that includes regular inspections and maintenance of storm 
water BMPs. The maintenance program requires periodic removal of debris 
from discharge diversions and conveyance systems. These activities 
should be conducted particularly during wet seasons. Permittees already 
controlling their storm water runoff with impoundments or sedimentation 
ponds must include the maintenance schedules for these ponds in the 
pollution prevention plan.
    Under the inspection requirements of the pollution prevention plan, 
operators of furniture and fixture manufacturing facilities are 
required to conduct quarterly inspections. The inspections shall 
include: (1) An assessment of the integrity of storm water discharge 
diversions, conveyance systems, sediment control and collection 
systems, and containment structures; (2) visual inspections of 
vegetative BMPs to determine if soil erosion has occurred; and (3) 
visual inspections of material handling and storage areas and other 
potential sources of pollution for evidence of actual or potential 
pollutant discharges of contaminated storm water.
    EPA believes that this quick and simple description will allow the 
permittee to assess the effectiveness of his/her plan on a regular 
basis at very little cost. The inspection will provide meaningful 
results upon which the facility may act quickly. The frequency of this 
inspection will also allow for timely adjustments to be made to the 
pollution prevention plan. If a BMP is found to be ineffective, 
corrective action must be implemented. A set of tracking or follow-up 
procedures must be used to ensure that appropriate actions are taken in 
response to the inspections. The inspection is intended to be performed 
by facility staff. This hands on inspection will also enhance the 
staff's understanding of the storm water problems on that site and 
effects on the management practices that are included in the plan.
    Under employee training, the permit does not specify the frequency, 
however, 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.
    Under the recordkeeping and internal reporting procedures of the 
pollution prevention plan, the permittee must describe procedures for 
developing and retaining records on the status and effectiveness of 
plan implementation. The plan must address spills, monitoring (if 
applicable), and BMP inspection and maintenance activities. Ineffective 
BMPs must be recorded and the date of their corrective action noted. 
According to the pollution prevention plan requirements, the permittee 
must evaluate the appropriateness of each storm water BMP that diverts, 
infiltrates, reuses, or otherwise reduces the discharge of contaminated 
storm water. In addition, the permittee must describe the storm water 
pollutant source area or activity (i.e., loading and unloading 
operations, raw material storage piles etc.) to be controlled by each 
storm water management practice.
6. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at facilities covered by this section of today's 
permit. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
defined ``storm water discharge associated with industrial activity''. 
The focus of today's permit is to address the presence of pollutants 
that are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
nitrogen and zinc are above the bench mark concentrations for the 
furniture and fixtures sector. After a review of the nature of 
industrial activities and the significant materials exposed to storm 
water described by facilities in this sector, EPA has determined that 
the higher concentrations of nitrate plus nitrite nitrogen and zinc are 
not likely to be caused by the industrial activity, but 

[[Page 51029]]
may be primarily due to non-industrial activities on-site. Today's 
permit does not require furniture and fixtures facilities to conduct 
analytical monitoring for these parameters.
    Based on a consideration of the nature of BMPs typically used at 
these facilities, and generally low pollutant values from the 
application data, EPA believes that the pollution prevention plan with 
visual examinations of storm water discharges (see below) will help to 
ensure storm water contamination is minimized. Because permittees are 
not required to conduct analytical monitoring, they will be able to 
focus their resources on developing and implementing the pollution 
prevention plan.
    b. Quarterly Visual Examination of Storm Water Quality. Wood and 
metal furniture and fixture manufacturing facilities shall perform and 
document a visual examination of a storm water discharge associated 
with industrial activity from each outfall, except discharges exempted 
under paragraph (3) below. The examination(s) must be made at least 
once in each of the following 3-month periods: January through March, 
April through June, July through September, and October through 
December. The examination shall be made during daylight hours unless 
there is insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands on examination will enhance the 
staff's understanding of the storm water problems on that site and 
effects of the management practices that are included in the plan.
    As discussed above, EPA does not believe that analytical monitoring 
is necessary for wood and metal furniture and fixture manufacturing 
facilities. EPA believes that between quarterly visual examinations and 
site compliance evaluations potential sources of contaminants can be 
recognized, addressed and then controlled with BMPs. In determining the 
monitoring requirements, EPA considered the nature of the industrial 
activities and significant materials exposed at these sites, and 
performed a review of data provided in Part 2 group applications.

X. Storm Water Discharges Associated With Industrial Activity From 
Printing and Publishing Facilities

1. Industry Profile
    On November 16, 1990 (55 FR 47990) EPA promulgated the regulatory 
definition of ``storm water discharge associated with industrial 
activity.'' This definition includes point source discharges of storm 
water from eleven categories of facilities, including ``--category (xi) 
facilities classified as Standard Industrial Classification (SIC) 
code--27.'' Facilities eligible for coverage under this section 
include: book printing (SIC Code 2732); commercial printing, 
lithographic (SIC Code 2752); commercial printing, gravure (SIC Code 
2754); commercial printing, not elsewhere classified (SIC Code 2759); 
and platemaking and related services (SIC Code 2796).
    This section establishes special condition for storm water 
discharges associated with industrial activities at printing and 
publishing facilities. The SIC codes of these facilities are in 
category (xi) of the definition of storm water discharges associated 
with industrial activity. Storm water discharges from facilities in 
this category are only regulated where precipitation and storm water 
runon come into contact with areas associated with industrial 
activities, and significant materials. Significant materials include, 
but are not limited to, 

[[Page 51030]]
raw materials, waste products, finished products, intermediate 
products, by-products, and other materials associated with industrial 
activities.
    When an industrial facility, described by the above eligibility 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    The printing and publishing industry is composed of a heterogeneous 
collection of over 38,000 companies that range in size from a few 
employees to several thousand.98 Some companies are involved in 
both printing and publishing, while others are exclusively one or the 
other. The industrial activities of these facilities are similar, but 
the finished products vary. The finished products include magazines, 
newspapers, books, and labels. The printing activities covered under 
this section occur strictly indoors, and are separated into distinct 
operations. They include book printing, commercial printing 
(lithographic and gravure), and platemaking for printing purposes. The 
lithographic printing operation, which is based on the premise that 
grease and water do not mix, consists of a printing plate or cylinder, 
ink, a blanket and paper. Areas on the printing plate which will be 
transferred are coated with grease, and the rest of the plate is kept 
moist with water. The ink adheres to the grease and is repelled by the 
water. The printing image is then transferred to a blanket, which is 
transferred to paper. The gravure printing process uses printing plates 
or cylinders, ink, and paper. In the gravure process, the image is 
engraved on the printing plate or cylinder, the ink is then picked up 
by the engraved cells and directly transferred to paper. Other printing 
methods include screen, letter press, and flexographic printing. In the 
platemaking process, plates are cut from metal (usually steel), formed, 
engraved with the image, and coated with copper sulfate or chromic 
acid. The plates are later used in the printing processes described 
above.

    \98\ ``Economic Analysis of Proposed Effluent Guidelines, 
Printing Industry.'' Office of Planning and Evaluation, EPA. August 
1974.
---------------------------------------------------------------------------

    Aside from the specific printing activities, other types of 
industrial activities are shared by facilities covered under this 
section. For example, the majority of these facilities have outdoor 
material handling and storage activities, and share the same types of 
raw and waste materials.
    The primary raw materials utilized by this industry group include 
paper (including wax paper and card stock at some facilities), printing 
inks (hydrocarbon based, solvent based), and solvents. Other raw 
materials include steel (for facilities which manufacture printing 
plates), toner, paints, lubricating fluids, fuels, coating materials, 
and adhesives/glues. The paper products are stored indoors because 
exposure to precipitation would destroy the quality. The other raw 
materials arrive at the facilities in drums and either remain in the 
drums or are stored in aboveground or underground tanks, depending on 
the facilities' space and primary activity. The outdoor storage areas 
for drums are sometimes covered, but when the drums are directly 
exposed to precipitation, the storage areas are diked. Within the 
facilities, drums are stored on wooden pallets or skids, which may 
become contaminated from spills of the stored materials. After use the 
pallets and skids are stored outside for disposal and have the 
potential to contaminate storm water discharges.
    Both nonhazardous and hazardous wastes are produced from the 
printing process. Hazardous wastes including ink wastes, solvent 
wastes, and waste chromic and sulfuric acid. These wastes are generated 
in small quantities at some of the facilities within this industrial 
group. Solvent wastes result from cleaning of printing plates and metal 
cutting operations. Ink wastes are generated from the cleaning of 
printing plates and from excess ink used in printing. Chromic and 
sulfuric acid wastes are generated from facilities which manufacture 
and coat rotogravure printing plates.
    Nonhazardous wastes from this industry group include waste paper, 
paper dust, scrap steel, and used wooden pallets. All of these waste 
materials have the potential to pollute storm water discharges.
    Significant materials exposed to storm water at these facilities 
may include raw materials and waste materials. They include solvents 
(toluene, xylene, acetone, 1,1,1-trichloroethane), fuels (gasoline and 
diesel), inks, metal, lubricating oils, pallets, copper, chromium, 
acids (sulfuric and chromic), oil and grease, and waste paper. Some of 
these materials may be directly exposed to storm water, while others 
may be covered. Pollutants that may be associated with these materials 
include TSS, pH, heavy metals, oil and grease, and COD.
    Material handling activities such as loading and unloading areas, 
and liquid transfer (solvents from outdoor storage tanks to facility) 
may be exposed to storm water discharges. Exposure of these areas to 
storm water may be minimized by covering of the shipping/receiving and 
liquid transfer areas.
    For those facilities engaged in fueling and vehicle maintenance, 
gasoline and diesel fuel are frequently stored outdoors in aboveground 
storage tanks and drums. Most vehicles and equipment require oil, 
hydraulic fluids, antifreeze, and other fluids that may leak and 
contaminate storm water discharges.
2. Pollutants Found in Storm Water Discharges From Printing and 
Publishing Facilities
    The impact of industrial activities on storm water discharges at 
printing and publishing facilities will vary. Factors at a site which 
influence the water quality include geographic location, hydrogeology, 
the industrial activities exposed to storm water discharges, the 
facility's size, the types of pollution prevention measures/best 
management practices in place, and the type, duration, and intensity of 
storm events. Taken together or separately, these factors determine how 
polluted the storm water discharges will be at a given facility. 
Additionally, pollutant sources other than storm water, such as illicit 
connections,99 spills, and other improperly dumped materials, may 
increase the pollutant loading discharged into Waters of the United 
States. Table X-1 lists industrial activities that commonly occur at 
printing and publishing facilities, the pollutant sources at these 
facilities, and the pollutants associated with these activities. Table 
X-1 identifies heavy metals, oil and other parameters as potential 
pollutants associated with printing and publishing facilities.

    \99\ Illicit connections are contributions of unpermitted non-
storm water discharges to storm sewers from any number of sources 
including improper connections, dumping or spills from industrial 
facilities, commercial establishments, or residential dwellings. The 
probability of illicit connections at facilities manufacturing 
transportation equipment, industrial or commercial machinery is low 
but it may be applicable at some operations.

                                                                        

[[Page 51031]]
  Table X-1.--Description of Industrial Activities, Potential Pollutant 
               Sources, and Associated Pollutants i,ii,iii              
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Plate Preparation......  using ink (lithography,  solvent, heavy metal, 
                          letterpress, screen      toxic waste ink with 
                          printing,                solvents chromium,   
                          flexography), etch       lead.                
                          baths, applying                               
                          lacquer.                                      
Printing...............  using ink (lithography,  heavy metal waste     
                          letterpress, screen      (dust and sludge),   
                          printing,                ink--sludges with    
                          flexography), gravure.   chromium or lead,    
                                                   ink--toxic wastes    
                                                   with metals,         
                                                   solvents.            
Clean up...............  used plates: type, die,  ink--toxic wastes with
                          press blankets and       metals, solvents.    
                          rollers.                                      
Stencil Preparation for  lacquer stencil film,    solvents, photographic
 Screen Printing.         photoemulsion,           processing wastes.   
                          blockout (screen                              
                          filler).                                      
Material Handling:       spills and leaks from    fuel, oil, heavy      
 Transfer, Storage,       material handling        metals.              
 Disposal.                equipment.                                    
                         spills and leaks from    fuel, oil, heavy      
                          aboveground tanks.       metals, material     
                                                   being stored.        
                         solvents; trash;         heavy metals, spent   
                          petroleum products.      solvents, oil.       
Photoprocessing........  developing negatives     heavy metals, spent   
                          and prints.              solvents.            
------------------------------------------------------------------------
i EPA, Pollution Prevention Programs, Opportunities in Printing.        
  Philadelphia, PA. October 1990.                                       
ii University of Pittsburgh Trust, Center for Hazardous Materials       
  Research Fact Sheet, Pollution Prevention: Strategies for the Printing
  Industry.                                                             
iii EPA, Resource Conservation and Recovery Act (RCRA) document, Does   
  Your Business Produce Hazardous Waste as Many Small Businesses Do.    
  Printing and Allied Industries, EPA/530-SW-90-027g, April 15, 1990.   


    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
printing and publishing facilities as a whole and not subdivide this 
sector. Therefore, Table X-2 lists data for selected parameters from 
facilities in the printing and publishing sector. These data include 
the eight pollutants that all facilities were required to monitor for 
under Form 2F, as well as the pollutants that EPA has determined may 
merit further monitoring.

                             Table X-2.--Statistics for Selected Pollutants Reported by Printing and Publishing Facilities Submitting Part II Sampling Datai (mg/L)                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 No. of        No. of            Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                               Facilities      Samples   -----------------------------------------------------------------------------------------------------------------------
            PollutantSample type            -----------------------------                                                                                                                       
                                              Grab   Comp    Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------ii----------------------------------------------------------------------------------------------------------------------------------------
BOD5.......................................     15      15     33     33     12.8       7.7       0.0       0.0      61.8      27.0       9.0       6.40     45.9      24.05     94.1       1.9 
COD........................................     15      15     33     33     64.5      45.97      0.0       0.0     239.0     171.0      49.0      40.0     241.5     203.0     492.9     432.1 
Nitrate + Nitrite Nitrogen.................     15      14     27     26      1.18      1.22      0.00      0.0       5.80      5.30      0.73      0.82      3.46      3.25      6.14      5.40
Total Kjeldahl Nitrogen....................     15      15     33     33      3.01      1.78      0.00      0.0      10.00      6.70      1.50      0.98     11.61      5.64     25.09     10.65
Oil & Grease...............................     15     N/A     33    N/A     10.7     N/A         0.0     N/A        98.0     N/A         1.0     N/A        51.1     N/A       149.7     N/A   
pH.........................................     14     N/A     26    N/A    N/A       N/A         5.4     N/A         8.6     N/A         7.0     N/A         8.3     N/A         8.9     N/A   
Total Phosphorus...........................     15      15     33     33      0.34      0.33      0.00      0.0       1.80      2.10      0.16      0.13      1.34      1.25      3.03      2.84
Total Suspended Solids.....................     15      15     33     33     88        29         0         0       660       104        30        26       445       121      1383      263    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii iiComposite samples.                                                                                                                                                                         

3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology)]. The Agency does not believe that it is 
appropriate to establish specific numeric effluent limitations or a 
specific design or performance standard in this section for storm water 
discharges associated with industrial activity from printing and 
publishing facilities to meet BAT/BCT standards of the Clean Water Act. 
Instead, this section establishes requirements for the development and 
implementation of site-specific storm water pollution prevention plans 
consisting of a set of Best Management Practices (BMPs) that are 
sufficiently flexible to address different sources of pollutants at 
different sites.
    Certain BMPs are implemented to prevent and/or minimize exposure of 
pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges. The types of BMPs implemented will depend on the type of 
discharge, types and concentrations of contaminants, and the volume of 
the flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type, and volume of contaminated 
storm water discharges will differ. In addition, the fate and transport 
of pollutants in these discharges will vary. EPA believes that 

[[Page 51032]]
the management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with printing and publishing facilities.
    Part 1 group application data indicate that BMPs have not been 
widely implemented at the representative sampling facilities. Less than 
10 percent of the sampling subgroup reported that they store some 
materials indoors; less than 10 percent store hazardous wastes under 
roof; and less than 5 percent cover drums or have sealed drums. 
However, 45 percent of the subgroup utilize some type of covering; 45 
percent implement good housekeeping practices; and over 40 percent have 
training on pollution prevention.
    The measures commonly used to reduce pollutants in storm water 
discharges associated with printing and publishing facilities are 
generally simple and easy to implement. Table X-3 identifies best 
management practices (BMPs) associated with different activities that 
routinely occur at printing and publishing facilities.

    Table X-3.--General Storm Water BMPS for Printing and Publishing    
                          Facilitiesi,ii,iii,iv                         
------------------------------------------------------------------------
         Activity                 Best management practices (BMPs)      
------------------------------------------------------------------------
Plate Preparation........  use aqueous-developed lithographic plates or 
                            wipe-on plates.                             
Printing.................  use press wipes as long as possible before   
                            discarding or laundering; dirty ones for the
                            first pass, clean ones for the second pass. 
                           squeeze or centrifuge solvent out of dirty   
                            rags.                                       
                           set up an in-house dirty rag cleaning        
                            operation if warranted or send to approved  
                            industrial laundries, if available.         
                           dedicated press for inks with hazardous      
                            pigments/solvents.                          
                           segregate used oil from solvents or other    
                            materials.                                  
                           use water-based inks in gravure and          
                            flexographic printing process.              
Clean up.................  label sinks as to proper disposal of liquids.
                           keep equipment in good condition.            
                           use doctor blades and squeegees to remove as 
                            much ink as possible prior to cleaning with 
                            solvent and rags.                           
                           control solvent use during equipment         
                            cleaning, use only what you need.           
                           designate special areas for draining or      
                            replacing fluids.                           
                           substitute nontoxic or less toxic cleaning   
                            solvents.                                   
                           recover waste solvents onsite with batch     
                            distillation if warranted or utilize        
                            professional solvent recyclers.             
                           centralize liquid solvent cleaning in one    
                            location.                                   
                           have refresher courses in operating and      
                            safety procedures.                          
Stencil Preparation for    recapture excess ink from silkscreen process 
 Screen Printing.           before washing the screen to decrease amount
                            of ink used and cleaning emulsion used      
Material Handling and      store containerized materials (fuels, paints,
 Storage Areas.             inks, solvents, etc.) in a protected, secure
                            location and away from drains.              
                           store reactive, ignitable, or flammable      
                            liquids in compliance with the local fire   
                            code.                                       
                           identify potentially hazardous materials,    
                            their characteristics, and use.             
                           eliminate/reduce exposure to storm water.    
                           control excessive purchasing, storage, and   
                            handling of potentially hazardous materials.
                           keep records to identify quantity, receipt   
                            date, service life, users, and disposal     
                            routessecure and carefully monitor hazardous
                            materials to prevent theft, vandalism, and  
                            misuse of materials.                        
                           educate personnel for proper storage, use,   
                            cleanup, and disposal of materials.         
                           maintain good integrity of all storage tanks.
                           inspect storage tanks to detect potential    
                            leaks and perform preventive maintenance.   
                           provide sufficient containment for outdoor   
                            storage areas for the larger of either 10   
                            percent of the volume of all containers or  
                            110 percent of the volume of the largest    
                            tank.                                       
                           use temporary containment where required by  
                            portable drip pans.                         
                           use spill troughs for drums with taps        
                           train employees on proper filling and        
                            transfer procedures                         
                           inspect piping systems (pipes, pumps,        
                            flanges, couplings, hoses, valves) for      
                            failures or leaks.                          
                           handle solvents in designated areas away from
                            drains, ditches, and surface waters. Locate 
                            designated areas preferably indoors or under
                            a shed.                                     
                           if spills occur,                             
                           stop the source of the spill immediately.    
                           contain the liquid until cleanup is complete.
                           deploy oil containment booms if the spill may
                            reach the water.                            
                           cover the spill with absorbent material.     
                           keep the area well ventilated.               
                           dispose of cleanup materials properly.       
                           do not use emulsifier or dispersant.         
------------------------------------------------------------------------
i EPA, Pollution Prevention Programs, Opportunities in Printing.        
  Philadelphia, PA. October 1990.                                       
ii University of Pittsburgh Trust, Center for Hazardous Materials       
  Research Fact Sheet, Pollution Prevention: Strategies for the Printing
  Industry.                                                             
iii EPA, Resource Conservation and Recovery Act (RCRA) document, Does   
  Your Business Produce Hazardous Waste as Many Small Businesses Do.    
  Printing and Allied Industries, EPA/530-SW-90-027g, April 15, 1990.   
iv NPDES Storm Water Group Applications--Part 1. Received by EPA March  
  18, 1991 through December 31, 1992.                                   


[[Page 51033]]

4. Storm Water Pollution Prevention Plan Requirements.
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
printing and publishing facilities. The requirements included in the 
pollution prevention plan provide a flexible framework for the 
development and implementation of site-specific controls to minimize 
the pollutants in storm water discharges. This flexibility is necessary 
because each facility is unique in that the source, type, and volume of 
contaminated storm water discharge will vary from site to site.
    Under today's permit, all facilities must prepare and implement a 
storm water pollution prevention plan. The pollution prevention plan 
requirement reflects EPA's decision to allow operators of printing and 
publishing facilities to utilize BMPs as the BAT/BCT level of control 
for the storm water discharges covered by this section. The pollution 
prevention plan requirements in this section are consistent with the 
general requirements presented in the front of this fact sheet, which 
are based on EPA's storm water general permits finalized on September 
9, 1992 (57 FR 41236), and September 25, 1992 (57 FR 44438), for 
discharges in nonauthorized NPDES States.
    There are two major objectives to a pollution prevention plan: 1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and 2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Specific requirements for a pollution prevention plan for printing 
and publishing facilities are described below.
    a. Contents of the Plan. Storm water pollution prevention plans are 
intended to aid operators of printing and publishing facilities to 
evaluate all potential prevention sources at a site, and assist in the 
selection and implementation of appropriate measures designed to 
prevent, or control, the discharge of pollutants in storm water runoff. 
EPA has developed guidance entitled Storm Water Management for 
Industrial Activities: ``Developing Pollution Prevention Plans and Best 
Management Practices,'' EPA, 1992, (EPA 832-R-92-006) to assist 
permittees in developing and implementing pollution prevention 
measures.
    (1) Description of Potential Pollutant Sources. Each storm water 
pollution prevention plan must describe activities, materials, and 
physical features of the facility that may contribute pollutants to 
storm water runoff or, during periods of dry weather, result in dry 
weather flows. This assessment of potential storm water pollutant 
source 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. Plans must describe 
the following elements:
    (a) Site Map--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural and nonstructural 
features that control pollutants in storm water runoff and process 
wastewater discharges, surface water bodies (including wetlands), 
places where significant materials \100\ 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 must also indicate the 
direction of storm water flow. An outline of the drainage area for each 
outfall must be provided; the location of each outfall and monitoring 
points must be indicated; and the types of discharges contained in the 
drainage areas of the outfalls (e.g., storm water and air conditioner 
condensate) must be identified. An estimation of the total site acreage 
utilized for each industrial activity (e.g., storage of raw materials, 
waste materials, and used equipment) must be provided. These areas 
include liquid storage tanks, stockpiles, holding bins, used equipment, 
and empty drum storage. These areas are considered to be significant 
potential sources of pollutants at printing and publishing facilities.

    \100\ Significant materials include, `` * * * but [are] not 
limited to: raw materials, fuels, materials such as solvents, 
detergents, and plastic pellets; finished materials such as metallic 
products; * * * hazardous substances designated under section 
101(14) of CERCLA; any chemical facilities are required to report 
pursuant to section 313 of Title III of SARA; fertilizers; 
pesticides; and waste products such as ashes, slag, and sludge that 
have the potential to be released with storm water discharge.'' (40 
CFR 122.26(b)(12)). Significant materials commonly found at 
transportation equipment, industrial or commercial machinery 
manufacturing facilities include raw and scrap metals; solvents; 
used equipment; petroleum based products; waste materials or by-
products used or created by the facility.
---------------------------------------------------------------------------

    (b) Inventory of Exposed Materials--Facility operators are required 
to carefully conduct an inspection of the site to identify significant 
materials that are or may be exposed to storm water discharges. 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 precipitation and runoff; existing structural and nonstructural 
controls that reduce pollutants in storm water; existing structural 
controls that limit process wastewater discharges; and any treatment 
the runoff receives before it is discharged to surface waters or 
through a separate storm sewer system. The description must be updated 
whenever there is a significant change in the type 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 reportable quantities under Section 311 of CWA 
(see 40 CFR 110.10 and 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.
    (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, 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. 
Pollution prevention plans must identify and ensure the implementation 
of appropriate pollution prevention measures for any non-storm water 
discharges. 

[[Page 51034]]

    (e) Sampling Data--Any existing data describing the quality or 
quantity of storm water discharges from the facility must be summarized 
in the plan. 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 pollutant sources 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: raw materials (liquid storage tanks, stockpiles, 
holding bins), waste materials (empty drum storage), and used equipment 
storage areas. The assessment must list any significant pollutant 
parameter(s) (i.e., total suspended solids, oil and grease, etc.) 
associated with each source.
    (2) Measures and Controls. Permittees must select, describe, and 
evaluate the pollution prevention measures, BMPs, and other controls 
that will be implemented at the facility. Source reduction measures 
include preventive maintenance, spill prevention, good housekeeping, 
training, and proper materials management. If source reduction is not 
an option, EPA supports the use of source control measures. These 
include BMPs such as material covering, water diversion, and dust 
control. If source reduction or source control are not available, then 
recycling or waste treatment are other alternatives. Recycling allows 
the reuse of storm water, while treatment lowers pollutant 
concentrations prior to discharge. Since the majority of printing and 
publishing activities occur indoors, the BMPs identified above are 
geared towards only those activities that occur outdoors or that 
otherwise have a potential to contribute pollutants to storm water 
discharges.
    Pollution prevention plans must discuss the reasons each selected 
control or practice is appropriate for the facility and how each of the 
potential pollutant sources will be addressed. Plans must identify the 
time during which controls or practices will be implemented, as well 
the effect the controls or practices will have on storm water 
discharges from the site. At a minimum, the measures and controls must 
address the following components:
    (a) Good Housekeeping--Permittees must describe protocols 
established to reduce the possibility of mishandling chemicals or 
equipment and training employees in good housekeeping techniques. 
Specifics of this plan must be communicated to appropriate plant 
personnel.
    (b) Preventive Maintenance--Permittees are required to develop a 
preventive maintenance program that includes regular inspections and 
maintenance of storm water BMPs. Inspections should assess the 
effectiveness of the storm water pollution prevention plan. They allow 
facility personnel to monitor the components of the plan on a regular 
basis. The use of a checklist is encouraged, as it will ensure that all 
of the appropriate areas are inspected and provide documentation for 
recordkeeping purposes.
    (c) Spill Prevention and Response Procedures--Permittees are 
required to identify proper material handling procedures, storage 
requirements, containment or diversion equipment, and spill removal 
procedures to reduce exposure of spills to storm water discharges. 
Areas and activities which are high risks for spills at printing and 
publishing facilities include raw material unloading and product 
loading areas, material storage areas, and waste management areas. 
These activities and areas and their drainage points must be described 
in the plan.
    (d) Inspections--Qualified personnel must inspect designated 
equipment and areas of the facility at the proper intervals specified 
in the plan. The plan should identify areas which have the potential to 
pollute storm water for periodic inspections. Records of inspections 
must be maintained onsite.
    (e) Employee Training--Permittees must describe a program for 
informing and educating personnel at all levels of responsibility of 
the components and goals of the storm water pollution prevention plan. 
A schedule for conducting this training should be provided in the plan. 
Where appropriate, contractor personnel must also be trained in 
relevant aspects of storm water pollution prevention. Topics for 
employee training should include good housekeeping, materials 
management, and spill response procedures. 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--Permittees 
must describe procedures for developing and retaining records on the 
status and effectiveness of plan implementation. This includes the 
success and failure of BMPs implemented at the facility.
    (g) Sediment and Erosion Control--Permittees must identify areas, 
due to topography, activities, soils, cover materials, or other factors 
that have a high potential for soil erosion. Measures to eliminate 
erosion must be identified in the plan.
    (h) Management of Runoff--Permittees must provide an assessment of 
traditional storm water management practices that divert, infiltrate, 
reuse, or otherwise manage storm water so as to reduce the discharge of 
pollutants. Based on this assessment, practices to control runoff from 
these areas must be identified and implemented as required by the plan.
    (3) Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
comprehensive site evaluations that qualified personnel will conduct 
to: (1) Confirm the accuracy of the description of potential sources 
contained in the plan, (2) determine the effectiveness of the plan, and 
(3) assess compliance with the terms and conditions of this section. 
Comprehensive site compliance evaluations must be conducted once a year 
for printing and publishing facilities. The individual(s) who will 
conduct the evaluations must be identified in the plan and should be 
members of the pollution prevention team. Evaluation reports must be 
retained for at least 3 years after the date of the evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, never more than 12 weeks after completion of the 
evaluation.
5. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 

[[Page 51035]]
support sampling at printing and publishing facilities. Under the Storm 
Water Regulations at 40 CFR 122.26(b)(14), EPA defined ``storm water 
discharge associated with industrial activity''. The focus of today's 
permit is to address the presence of pollutants that are associated 
with the industrial activities identified in this definition and that 
might be found in storm water discharges. Under the methodology for 
determining analytical monitoring requirements, described in section 
VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
bench mark concentrations for the printing and publishing sector. After 
a review of the nature of industrial activities and the significant 
materials exposed to storm water described by facilities in this 
sector, EPA has determined that the higher concentrations of nitrate 
plus nitrite nitrogen are not likely to be caused by the industrial 
activity, but may be primarily due to non-industrial activities on-
site. Today's permit does not require printing and publishing 
facilities to conduct analytical monitoring for this parameter. Based 
on a consideration of the BMPs typically used at these facilities, and 
generally low pollutant values from the application data, EPA believes 
that the pollution prevention plan with visual examinations of storm 
water discharges will help to ensure storm water contamination is 
minimized. Because permittees are not required to conduct sampling, 
they will be able to focus their resources on developing and 
implementing the pollution prevention plan.
    Quarterly visual examinations of a storm water discharge from each 
outfall are required. The inspection must be of a grab sample collected 
from each storm water outfall. The examination of storm water grab 
samples shall include any observations of color, odor, turbidity, 
floating solids, foam, oil sheen, or other obvious indicators of storm 
water pollution. The examination must be conducted in a well lit area. 
No analytical tests are required to be performed on these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. Where practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Examinations shall be conducted in each of the following 
periods for the purposes of inspecting storm water quality associated 
with storm water runoff and snow melt: January through March; April 
through June; July through September; October through December. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 1 hour) of when the runoff 
begins discharging. Reports of the visual examination include: the 
examination date and time, examination personnel, visual quality of the 
storm water discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help 
permittees to determine the effectiveness of their plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    As discussed above, EPA does not believe that chemical monitoring 
is necessary for printing and publishing facilities. EPA believes that 
between quarterly visual examinations and site compliance evaluations 
potential sources of contaminants can be recognized, addressed, and 
then controlled with BMPs. In determining the monitoring requirements, 
EPA considered the nature of the industrial activities and significant 
materials exposed at these sites, and performed a review of data 
provided in Part 2 group applications.

Y. Storm Water Discharges Associated With Industrial Activity From 
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 
Industries

1. Discharges Covered Under This Section
    This section covers storm water discharges associated with 
industrial activity from rubber and miscellaneous plastic products 
facilities (commonly identified by Standard Industrial Classification 
(SIC) major group 30) and miscellaneous manufacturing industries, 
except jewelry, silverware, and plateware (commonly identified by SIC 
major group 39, except 391).
    Rubber and miscellaneous plastic products manufacturing facilities 
specifically include manufacturers of tires and inner tubes, rubber and 
plastic footwear, rubber and plastic hose and belting, gaskets, packing 
and sealing devices, and miscellaneous fabricated rubber products. This 
group also includes miscellaneous plastic products such as unsupported 
plastic film, sheet, rods and tubes, laminated plastic plate, sheet and 
profile shapes, plastic pipe and bottles, plastic foam products such as 
cups, ice chests and packaging materials, plastic plumbing fixtures, 
and miscellaneous plastic products.
    Miscellaneous manufacturing industries specifically include 
manufacturers of musical instruments, games, toys and athletic goods, 
pens, pencils and artists' supplies, buttons, pins and needles, and a 
wide variety of products not classified elsewhere.
    The SIC codes of the facilities covered by this section are in 
category (xi) of the definition of storm water discharges associated 
with industrial activity. Storm water discharges from facilities in 
this category are only regulated where precipitation and storm water 
runon come into contact with areas associated with industrial 
activities, and significant materials. Significant materials include, 
but are not limited to, raw materials, waste products, fuels, finished 
products, intermediate 

[[Page 51036]]
products, by-products, and other materials associated with industrial 
activities.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants Found in Storm Water Discharges
    a. Sources of Pollutants. As discussed above, the SICs of the 
facilities in this sector fall into category (xi) of the definition of 
``storm water associated with industrial activity'' found at 40 Code of 
Federal Regulations (CFR) 122.26(b)(14). As noted in the preamble to 
the final storm water regulations of November 16, 1990, most of the 
actual manufacturing and processing activity at these types of 
facilities normally occurs indoors (55 FR 48008).
    Additional information concerning these manufacturing processes and 
the industrial sector itself can be found in the following documents: 
``Development Document for Effluent Limitations Guidelines and New 
Source Performance Standards for the Tire and Synthetic Rubber 
Processing Point Source Category,'' EPA 440/1-74-013a; ``Development 
Document for Effluent Limitations Guidelines and New Source Performance 
Standards for the Fabricated and Reclaimed Rubber Segment of the Rubber 
Processing Point Source Category,'' EPA 440/1-74/030a; and 
``Development Document and Effluent Limitations Guidelines and 
Standards for the Plastics Molding and Forming Point Source Category,'' 
EPA 440/1-84/069.
    The types of activities at these facilities where exposure to storm 
water may occur consist primarily of loading/unloading activities, and 
the storage and handling of raw materials, by-products, final products 
or waste products. A wide variety of materials are used at the 
facilities including solvents, acids and caustic, carbon black, 
plasticizers, paint, processing oils, resins, rubber compounds and 
solutions, fuels such as diesel or gasoline, adhesives, zinc and 
miscellaneous chemicals. However, it should also be noted that this is 
a cumulative list gathered from all the types of facilities in this 
sector and that individual facilities do not necessarily use all the 
materials on the list. Tanks, drums or bags of these materials may be 
exposed to storm water during loading/unloading operations, or through 
outdoor storage or handling at some facilities.
    Other items which may be exposed to storm water include surplus 
processing machinery, scrap metal, scrap plastic and rubber, plastic 
pellets, PVC pipe and rags. Table Y-1 lists potential pollutant sources 
from activities that commonly take place at rubber, miscellaneous 
plastic products, and miscellaneous manufacturing industries.

                  Table Y-1.--Common Pollutant Sources                  
------------------------------------------------------------------------
        Activity             Pollutant source           Pollutants      
------------------------------------------------------------------------
Outdoor Material         Wooden pallets, spills/  TSS, oil and grease,  
 Loading/Unloading.       leaks from material      organics.            
                          handling equipment,                           
                          solvents, resins.                             
Outdoor Material and     Solvents, acids and      Organics, zinc,       
 Equipment Storage.       caustic, plasticizers,   hydrocarbons, oil and
                          paint, lubricating       grease, acids,       
                          oils, processing oils,   alkalinity.          
                          resins, rubber                                
                          compounds, mineral                            
                          spirits, zinc, scrap                          
                          metal, scrap plastic                          
                          and rubber, plastic                           
                          pellets, PVC pipe, and                        
                          rags.                                         
------------------------------------------------------------------------

    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the rubber and plastic product and miscellaneous 
manufacturing industry into subsectors to properly analyze sampling 
data and determine monitoring requirements. As a result, this sector 
has been divided into the following subsectors: rubber and 
miscellaneous plastic products manufacturing and miscellaneous 
manufacturing. Tables Y-2 and Y-3 below include data for the eight 
pollutants that all facilities were required to monitor for under Form 
2F. The tables also list those parameters that EPA has determined merit 
further monitoring.

 Table Y-2.--Statistics for Selected Pollutants Reported by Tires and Inner Tubes, Rubber and Plastics Footwear, Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting,
                                     Fabricated Rubber Products, Not Elsewhere Classified Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                                     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of        No. of             Mean                 Minimum               Maximum              Median           95th Percentile       99th Percentile  
                                     Facilities      Sample    ---------------------------------------------------------------------------------------------------------------------------------
      Pollutant Samples type      -----------------------------                                                                                                                                 
                                    Grab  Compii   Grab   Comp     Grab       Comp       Grab       Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5.............................     18      17     32     31     14.7       14.47       0.0        0.0      160.0      144.0        6.4       7.90     43.0       43.18      86.1       86.3  
COD..............................     18      17     32     31    105.2       77.7       13.0        0.0      812.0      321.0       52.0      63.0     271.5      335.7      499.0      737.6  
Nitrate + Nitrite Nitrogen.......     18      17     32     31      0.72       1.69       0.04       0.05       2.49      32.0        0.58      0.65      2.61       4.12       5.30       9.63 
Total Kjeldahl Nitrogen..........     18      17     32     31      1.98       1.44       0.37       0.0        8.55       6.48       1.38      1.11      5.55       4.07       9.87       7.20 
Oil & Grease.....................     18     N/A     32    N/A      5.3      N/A          0.0      N/A         76.0      N/A          1.5     N/A        16.5      N/A         37.5      N/A    
pH...............................     17     N/A     30    N/A    N/A        N/A          4.8      N/A          9.2      N/A          7.0     N/A         8.7      N/A          9.5      N/A    
Total Phosphorus.................     18      17     32     31      0.35       0.51       0.00       0.0        1.65       8.65       0.22      0.17      1.17       1.38       2.31       3.19 
Total Suspended Solids...........     18      17     32     31    185        129          0          0.0     1420        760         63        44       783        584       2143       1585    
Zinc, Total......................     15      15     28     28      1.103      0.904      0.027      0.011      7.600      7.490      0.21      0.25      4.617      4.179     14.012     12.660 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 51037]]
 Table Y-3.--Statistics for Selected Pollutants Reported by Miscellaneous Plastics Products, Musical Instruments, Dolls, Toys, Games, and Sporting and Athletic Goods, Pens, Pencils, and Other 
 Artists' Materials, Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal, and Miscellaneous Manufacturing Facilities Submitting Part II Sampling Datai
                                                                                             (mg/L)                                                                                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of         No. of Sample          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                         Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
       Pollutant Samples type        ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       35       36       56       58     13.3       9.37      0.0       0.0      71.0      70.0       8.1       7.0      41.8      28.8      77.1      51.5 
COD.................................       35       35       56       56    100.6      69.0       0.0       0.0     600.0     640.0      57.0      36.5     789.2     201.2    2377.6     380.8 
Nitrate + Nitrite Nitrogen..........       35       34       56       55      1.01      1.02      0.00      0.0       5.23      7.40      0.75      0.62      5.49      3.21     13.98      6.25
Total Kjeldahl Nitrogen.............       34       33       55       54      2.16      1.58      0.00      0.0      11.00      6.54      1.40      1.20     12.46      5.22     31.95     10.02
Oil & Grease........................       38      N/A       60      N/A      3.9     N/A         0.0     N/A        91.0     N/A         0.0     N/A        15.4     N/A        35.5     N/A   
pH..................................       32      N/A       54      N/A    N/A       N/A         2.6     N/A        10.1     N/A         7.3     N/A         9.6     N/A        10.9     N/A   
Total Phosphorus....................       35       34       55       54      0.33      0.24      0.00      0.0       2.90      1.25      0.18      0.15      1.90      0.72      5.35      1.31
Total Suspended Solids..............       35       35       56       56    202       116         0         0      2008      2100        34        25      1777       433      8369     1235    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology)]. The Agency does not believe that it is 
appropriate to establish specific numeric effluent limitations or a 
specific design or performance standard in this section for storm water 
discharges associated with industrial activity from rubber, 
miscellaneous plastic products and miscellaneous manufacturing 
industries to meet BAT/BCT standards of the Clean Water Act. Instead, 
this section establishes requirements for the development and 
implementation of site-specific storm water pollution prevention plans 
consisting of a set of Best Management Practices (BMPs) that are 
sufficiently flexible to address different sources of pollutants at 
different sites.
    Certain BMPs are implemented to prevent and/or minimize exposure of 
pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges. The types of BMPs implemented will depend on the type of 
discharge, types and concentrations of contaminants, and the volume of 
the flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type, and volume of contaminated 
storm water discharges will differ. In addition, the fate and transport 
of pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with rubber, miscellaneous plastic products and 
miscellaneous manufacturing industries.
    Part 1 group application data indicated that the most widely 
implemented BMP, used by approximately 36 percent of the sampling 
facilities, is dikes. Less than 10 percent of the sampling subgroup 
reported that they cover their storage or loading areas; approximately 
12 percent have roofs over their raw materials; and less than 5 percent 
store raw materials indoors. Because BMPs described in part 1 data are 
limited, the Table Y-4 is provided to identify BMPs associated with 
activities that routinely occur at rubber, miscellaneous plastic 
products and miscellaneous manufacturing industries.

 Table Y-4.--General Storm Water BMPs for Rubber, Miscellaneous Plastic 
          Products, and Miscellaneous Manufacturing Industries          
------------------------------------------------------------------------
         Activity                 Best management practices (BMPs)      
------------------------------------------------------------------------
Outdoor Unloading and      Confine loading/unloading activities to a    
 Loading.                   designated area.                            
                           Consider performing loading/unloading        
                            activities indoors or in a covered area.    
                           Consider covering loading/unloading area with
                            permanent cover (e.g., roofs) or temporary  
                            cover (e.g., tarps).                        
                           Close storm drains during loading/unloading  
                            activities in surrounding areas.            
                           Avoid loading/unloading materials in the     
                            rain.                                       
                           Inspect the unloading/loading areas to detect
                            problems before they occur.                 
                           Inspect all containers prior to loading/     
                            unloading of any raw or spent materials.    
                           Consider berming, curbing, or diking loading/
                            unloading areas.                            
                           Dead-end sump where spilled materials could  
                            be directed.                                
                           Drip pans under hoses.                       
                           Use dry clean-up methods instead of washing  
                            the areas down.                             
                           Train employees on proper loading/unloading  
                            techniques and spill prevention and         
                            response.                                   
Outdoor Material Storage   Confine storage of materials, parts, and     
 (including waste, and      equipment to designated areas.              
 particulate emission                                                   
 management).                                                           

[[Page 51038]]
                                                                        
                           Consider secondary containment using curbing,
                            berming, or diking all liquid storage areas.
                           Train employees on proper waste control and  
                            disposal.                                   
                           Train employees in spill prevention and      
                            response.                                   
                           Consider covering tanks.                     
                           Ensure that all containers are closed (e.g., 
                            valves shut, lids sealed, caps closed).     
                           Wash and rinse containers indoors before     
                            storing them outdoors.                      
                           If outside or in covered areas, minimize     
                            runon of storm water by grading the land to 
                            divert flow away from containers.           
                           Leak detection and container integrity       
                            testing.                                    
                           Direct runoff to onsite retention pond.      
                           Inventory all raw and spent materials.       
                           Clean around vents and stacks.               
                           Place tubs around vents and stacks to collect
                            particulate.                                
                           Inspect air emission control systems (e.g.,  
                            baghouses) regularly, and repair or replace 
                            when necessary.                             
                           Store wastes in covered, leak proof          
                            containers (e.g., dumpsters, drums).        
                           Consider shipping all wastes to offsite      
                            landfills or treatment facilities.          
                           Ensure hazardous waste disposal practices are
                            performed in accordance with Federal, State,
                            and local requirements.                     
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
  March 18, 1991, through December 31, 1992.                            
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities: Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             


    There are three major types of facilities in this sector: (1) 
Rubber products manufacturers, (2) manufacturers of miscellaneous 
plastic products, and (3) miscellaneous industries. In discussions with 
the rubber industry, the BMPs found in Table Y-5 were identified for 
rubber manufacturing to control discharges of zinc which was the most 
frequently reported toxic pollutant in the storm water sampling data:

       Table Y-5.--BMPs for the Control of Zinc at Rubber Products      
                              Manufacturers                             
------------------------------------------------------------------------
            Zinc source                              BMPs               
------------------------------------------------------------------------
Poor housekeeping, bags of zinc      Employee training, spill cleanup,  
 stored outside, zinc spilled from    indoor storage, use of special    
 trucks during unloading, spillage    large volume sacks with less      
 during emptying for plant use.       potential for releases of zinc.   
Zinc containers, rubber products,    Cover the dumpsters, use linked    
 rags contaminated with zinc          dumpsters which do not leak or    
 stearate discarded in outdoor        move dumpster inside.             
 dumpsters.                                                             
Malfunctioning baghouses for dust    Repair or replace the baghouse,    
 collection.                          regular maintenance.              
Grinding operations from which zinc  Use dust collection system or      
 dust may be released.                reduce the amount of dust         
                                      generated.                        
Drips of zinc stearate during        Spill prevention/response, use of  
 coating operations.                  alternate compounds.              
------------------------------------------------------------------------

4. Special Conditions
    There are no additional requirements under this section other than 
those stated in Part III. of the permit.
5. Storm Water Pollution Prevention Plan Requirements
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
rubber, miscellaneous plastic products, and miscellaneous manufacturing 
industries. The requirements included in the pollution prevention plans 
provide a flexible framework for the development and implementation of 
site-specific controls to minimize the pollutants in storm water 
discharges. This flexibility is necessary because each facility is 
unique in that the source, type, and volume of contaminated storm water 
discharge will vary from site to site.
    Under today's permit, all facilities must prepare and implement a 
storm water pollution prevention plan. The pollution prevention plan 
requirement reflects EPA's decision to allow operators of rubber, 
miscellaneous plastic products, and miscellaneous manufacturing 
industries to utilize BMPs as the BAT/BCT level of control for the 
storm water discharges covered by this section.
    There are two major objectives to a pollution prevention plan: (1) 
To identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Section 313 of EPCRA requires operators of manufacturing facilities 
that handle toxic chemicals in amounts exceeding threshold levels 
(listed at 40 CFR 372.25) to report to EPA on an annual basis. Because 
these types of facilities handle large amounts of toxic chemicals, EPA 
concluded that they have the increased potential to degrade the water 
quality of receiving streams. Consistent with Part VII.B. of this 
permit, Section 313 reporting facilities must fulfill specific 
requirements.
    Except for the special controls discussed below for rubber products 
manufacturers, there are no additional Pollution Prevention Plan 
requirements other than those stated in Part IV of this permit.
    a. Special Measures and Controls for Rubber Manufacturing 
Facilities. For rubber manufacturers, this section also requires 
permittees to develop specific BMPs to control discharges of zinc in 
storm water runoff. The principal sources of zinc in storm water runoff 
at these facilities were identified above in Section 3. EPA believes 
that sources of 

[[Page 51039]]
zinc merit special attention at rubber products manufacturing 
facilities due to its prevalence at such facilities and its toxicity in 
aquatic systems. This section requires that rubber products 
manufacturers review the possible sources of zinc listed below at their 
facilities and include as appropriate the accompanying BMPs in their 
storm water pollution prevention plans:
    (1) Inadequate Housekeeping. Permittees are required to review the 
handling and storage of zinc bags at their facilities. The following 
BMPs must be considered in developing the storm water pollution 
prevention plan: employee training regarding the handling and emptying 
of zinc bags, indoor storage of zinc bags, thorough cleanup of zinc 
spills without washing the zinc into a storm drain. Facilities must 
also consider the use of 2,500 pound sacks (from which spills are less 
likely) rather than 50 to 100 pound sacks.
    (2) Zinc in Dumpsters. The following BMPs must be considered to 
reduce this potential source of zinc: provide a cover for the dumpster 
or move the dumpster inside; provide a lining for the dumpster.
    (3) Malfunctioning Dust Collectors or Baghouses. Permittees must 
review dust collectors and baghouses as possible sources of zinc. 
Improperly operating dust collectors or baghouses must be replaced or 
repaired as appropriate; the plan must also provide for regular 
maintenance of these facilities.
    (4) Grinding Operations. Permittees must review dust generation 
from rubber grinding operations at their facility and as appropriate, 
install a dust collection system.
    (5) Zinc Stearate Coating Operations. The plan must include 
measures to prevent and/or clean up drips or spills of zinc stearate 
slurry which may be released to a storm drain. Alternate compounds to 
zinc stearate must also be considered.
6. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of today's permit.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that rubber 
product manufacturing facilities may reduce the level of pollutants in 
storm water runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's permit. Under the revised methodology 
for determining pollutants of concern for the various industrial 
sectors, the rubber product manufacturing subsector must monitor its 
storm water discharges. The monitoring requirements are presented in 
Table Y-6. The pollutant listed in Table Y-6 was found to be above the 
benchmark level. Because this pollutant has been reported at benchmark 
levels from rubber product manufacturing facilities, EPA is requiring 
monitoring after the pollution prevention plan has been implemented to 
assess the effectiveness of the pollution prevention plan and to help 
ensure that a reduction of pollutants is realized.
    At a minimum, storm water discharges from rubber product 
manufacturing facilities must be monitored quarterly during the second 
year of permit coverage. Samples must be collected at least once in 
each of the following periods: January through March; April through 
June; July through September; and October through December. At the end 
of the second year of permit coverage, a facility must calculate the 
average concentration for each parameter listed in Table Y-6. If the 
permittee collects more than four samples in this period, then it must 
calculate an average concentration for each pollutant of concern for 
all samples analyzed.

                                Table Y-6                               
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the cut-off concentration, then the permittee is not required to 
conduct quantitative analysis for that parameter during the fourth year 
of the permit. If, however, the average concentration for a parameter 
is greater than the cut-off concentration, then the permittee is 
required to conduct quarterly monitoring for that parameter during the 
fourth year of permit coverage. Monitoring is not required during the 
first, third, and fifth year of the permit. The exclusion from 
monitoring in the fourth year of the permit is conditional on the 
facility maintaining industrial operations and BMPs that will ensure a 
quality of storm water discharges consistent with the average 
concentrations recorded during the second year of the permit. The 
schedule for monitoring is presented in Table Y-7.

                                       Table Y-7.--Schedule of Monitoring                                       
                                                                                                                
                                                                                                                
2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                        Calculate the average concentration for all     
                                                        parameters analyzed during this period.                 
                                                        If average concentration is greater than the    
                                                        value listed in Table Y-6, then quarterly sampling is   
                                                        required during the fourth year of the permit.          
                                                        If average concentration is less than or equal  
                                                        to the value listed in Table Y-6, then no further       
                                                        sampling is required for that parameter.                
4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                        where the average concentration in year 2 of the permit 
                                                        is greater than the value listed in Table Y-6.          
                                                        If industrial activities or the pollution       
                                                        prevention plan have been altered such that storm water 
                                                        discharges may be adversely affected, quarterly         
                                                        monitoring is required for all parameters of concern.   

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
be used to reassess the effectiveness of the adjusted pollution 
prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm 

[[Page 51040]]
water discharges. The alternative certification described below is 
necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part, provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis, 
in lieu of monitoring described in Table Y-6, under penalty of law, 
signed in accordance with Part VII.G. (Signatory Requirements), that 
material handling equipment or activities, raw materials, intermediate 
products, final products, waste materials, by-products, industrial 
machinery or operations, significant materials from past industrial 
activity, and that are located in areas of the facility that are within 
the drainage area of the outfall are not presently exposed to storm 
water and will not be exposed to storm water for the certification 
period. Such certification must be retained in the storm water 
pollution prevention plan and submitted to EPA in lieu of monitoring 
reports required under paragraph (c.) below. The permittee is required 
to complete any and all sampling until the exposure is eliminated. If 
the facility is reporting for a partial year, the permittee must 
specify the date exposure was eliminated. If the permittee is 
certifying that a pollutant was present for part of the reporting 
period, nothing relieves the permittee from the responsibility to 
sample that parameter up until the exposure was eliminated and it was 
determined that no significant materials remained. This certification 
option is not applicable to compliance monitoring requirements 
associated with effluent limitations. EPA does not expect facilities to 
be able to exercise this certification for indicator parameters, such 
as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
to the Director per storm event sampled. For facilities conducting 
monitoring beyond the minimum requirements, an additional signed 
Discharge Monitoring Report Form must be filed for each analysis. The 
permittee must include a measurement or estimate of the total 
precipitation, volume of runoff, and peak flow rate of runoff for each 
storm event sampled.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or nonprocess water, then where practicable, 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Rubber, 
miscellaneous plastic products, and miscellaneous manufacturing 
facilities shall perform and document a visual examination of a storm 
water discharge associated with industrial activity from each outfall, 
except discharges exempted under paragraph (3) below. The 
examination(s) must be made at least once in each of the following 3-
month periods: January through March, April through June, July through 
September, and October through December. The examination shall be made 
during daylight hours unless there is insufficient rainfall or snow 
melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well-lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially 

[[Page 51041]]
identical effluents. In addition, for each outfall that the permittee 
believes is representative, an estimate of the size of the drainage 
area (in square feet) and an estimate of the runoff coefficient of the 
drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
or high (above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) EPA realizes that if a facility is inactive and unstaffed it 
may be difficult to collect storm water discharge samples when a 
qualifying event occurs. Today's final permit has been revised so that 
inactive, unstaffed facilities can exercise a waiver of the requirement 
to conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

Z. Storm Water Discharges Associated With Industrial Activity From 
Leather Tanning and Finishing Facilities

1. Discharges Covered Under This Section
    Storm water discharges covered by this section include all 
discharges from leather tanning (commonly identified by Standard 
Industrial Classification (SIC) code 3111) and facilities which make 
fertilizer solely from leather scraps and leather dust where 
precipitation and storm water runon come into contact with significant 
materials including, but not limited to, raw materials, waste products, 
by-products, stored materials, and fuels. This includes storm water 
discharges from access roads, and rail lines used or traveled by 
carriers of raw materials, manufactured products, waste materials, or 
by-products created by the facility. This section does not cover any 
discharge subject to process wastewater effluent limitation guidelines, 
including storm water that combines with process wastewater.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Industry Profile. The storm water permit application regulations 
define storm water discharge associated with industrial activity at 40 
Code of Federal Regulations (CFR) 122.26(b)(14). Category (ii) of this 
definition includes facilities identified by SIC code 3111, 
establishments primarily engaged in tanning, currying, and finishing 
hides and skins into leather. Most tanneries are small family 
operations, although several are divisions of larger corporations. The 
leather tanning and finishing industry currently includes approximately 
one hundred fifty facilities. There are effluent limitations guidelines 
for the leather tanning industry based on 9 subcategories, as described 
in the ``Development Document for Effluent Limitations Guidelines and 
Standards for Leather Tanning and Finishing Point Source Category.'' 
(The subcategories were based on distinct combinations of raw materials 
and leather processing operations.)
    Leather tanning or finishing is the conversion of animal hides or 
skins into leather. Leather is made from the inner layer of the animal 
skin, which consists primarily of the protein collagen. Tanning is the 
reaction of the collagen fibers with tannins, chromium, alum or other 
tanning agents. Tanning processes use chromium III, sulfuric acid and 
detergents and a variety of raw and intermediate materials.
    There are three major processes required to make finished leather. 
These are beamhouse operations, tanyard processes and retanning and 
finishing processes. In general, most tanneries perform the entire 
tanning process, from beamhouse to wet finishing operations. A smaller 
number perform only beamhouse and tanyard operations and sell their 
unfinished product (wet ``blue'' stock) to other tanneries. These 
processes are described below:
    Beamhouse Operations--These consist of four activities: side and 
trim; soak and wash; fleshing and unhairing. Side and trim is the 
cutting of the hide into two sides and trimming of areas which do not 
produce good leather. In soak and wash processes, the hides are soaked 
in water to restore moisture lost during curing. Washing removes dirt, 
salt, blood, manure, and nonfibrous proteins. Fleshing is a mechanical 
operation which removes excess flesh. The removed matter is normally 
recovered and sold for conversion to glue. Unhairing involves using 
calcium hydroxide, sodium sulfhydrate, and sodium sulfide to destroy 
the hair (hair pulp process) or remove hair roots. A mechanical 
unhairing machine can also be used to remove hair loosened by chemicals 
(hair save process). Beamhouse processes can account for approximately 
60 percent of the pollutant load (except trivalent chromium) from a 
complete tannery. Pollutants that may be produced are proteinaceous 
organic and inorganic pollutants characterized by a high pH (10-12) and 
substantial amounts of Biochemical Oxygen Demand (BOD), Chemical Oxygen 
Demand (COD), Total Suspended Solids (TSS), Total Kjeldahl Nitrogen 
(TKN), and sulfides.
    Tanyard Processes--These consist of bating, pickling, tanning, 
wringing, splitting, and shaving. Bating involves the addition of salts 
of ammonium sulfate or ammonium chloride used to convert the residual 
alkaline chemicals present from the unhairing process into soluble 
compounds which can be 

[[Page 51042]]
washed from the hides or skins. ``Pickling'' the hide with sulfuric 
acid provides the acid environment necessary for chromium tanning. In 
the tanning process, tanning agents such as trivalent chromium and 
vegetable tannins convert the hide into a stable product which resists 
decomposition. Wringing of the ``blue hides'' (hides tanned with 
trivalent chromium) removes excess moisture with a machine similar to a 
clothes wringer. Splitting adjusts the thickness of the tanned hide to 
the requirements of the finished product and produces a ``split'' from 
the flesh side of the hide. The hide is then shaved to remove any 
remaining fleshy matter. Wastewater from tanyard operations contain 
inorganic chemical salts, small amounts of proteinaceous hair and 
waste, and large amounts of ammonia from the bating process. Pickling 
generates a highly acidic waste (pH of 2.5-3.5) which contains salt. 
Spent chromium liquors contain high concentrations of trivalent 
chromium in acid solution with low concentrations of BOD and TSS. 
Vegetable tanning vat discharges are highly colored, and contain 
significant amounts of BOD, COD, and dissolved solids.
    Retanning and Wet Finishing Processes--These include retanning, 
bleaching, coloring, fatliquoring, and finishing. The most common 
retanning agents are chromium, vegetable extracts and syntans (based 
upon naphthalene and phenol). Sodium bicarbonate and sulfuric acid are 
sometimes used to bleach leather. Coloring involves the use of dyes 
(usually aniline based) on the tanned skin. Animal or vegetable 
fatliquors are added to replace the natural oils lost in the beamhouse 
and tanyard processes. Finishing includes all operations performed on 
the hide after fatliquoring, and includes finishing to enhance color 
and resistance to stains and abrasions, smoothing and stretching of the 
skin, drying, conditioning, staking, dry milling, buffing and plating. 
These processes generate wastes with additional quantities of trivalent 
chromium, tannins, sulfonated oils, and spent dyes, which are low in 
BOD and TSS, and high in COD.
    Table Z-1 lists potential storm water pollutant source activities 
that may take place at leather tanning facilities.

  Table Z-1.--Pollutants Potentially Found in Storm Water Discharges at 
                       Leather Tanning Facilities                       
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Outdoor storage of       Fresh & brine cured      Salt, organic         
 fresh and brine cured    hides.                   materials (manure),  
 hides.                                            biochemical oxygen   
                                                   demand.              
Beamhouse Processes      Chemical storage (drums  Depilatory chemicals. 
 (trimming, soak &        or bags).                                     
 wash, fleshing,                                                        
 unhairing).                                                            
                         Empty containers of      Calcium hydroxide,    
                          lime, depilatory         sodium sulfhydrate,  
                          chemicals.               or sodium sulfide.   
                         Trim scraps, hair......  BOD, COD, TSS.        
Tanyards (bating,        Empty chemical           Trivalent chromium,   
 pickling, tanning,       containers.              vegetable tannins,   
 wringing, splitting,                              enzymes, pickling    
 shaving).                                         acids (sulfuric      
                                                   acid), alum, syntans,
                                                   chemical deliming    
                                                   agents,              
                                                   glutaraldehyde, heavy
                                                   oils.                
                         ``Blue'' hides, splits,  Trivalent chromium,   
                          trimmings, shavings.     leather fiber and    
                                                   dust, suspended      
                                                   solids.              
Retan and Wet Finishing  Empty chemical           Chromium tanning      
 (retanning, bleaching    containers.              agents, vegetable    
 & coloring,                                       extract, dyes,       
 fatliquoring, buffing).                           pigments, animal or  
                                                   vegetable based oils,
                                                   synthetic oils made  
                                                   from modified mineral
                                                   based oils.          
                         Leather dust containing  Leather fiber,        
                          chromium..               trivalent chromium,  
                                                   suspended solids.    
Dry finishing            Emissions from spray     Pigments, solvents-   
 (Application of          booths and spent         acetone, pylene,     
 pigment to leather       solvents.                glycol ether.        
 surface with water-                                                    
 based or solvent based                                                 
 finishes).                                                             
Receiving and unloading  Hides..................  Trivalent chromium,   
 areas.                                            salt.                
                         Chemical supplies......  Depilatory chemicals, 
                                                   trivalent chromium,  
                                                   vegetable tannins,   
                                                   enzymes, pickling    
                                                   acids (sulfuric      
                                                   acid), alum, syntans,
                                                   chemical deliming    
                                                   agents,              
                                                   glutaraldehyde, heavy
                                                   oils, dyes, pigments,
                                                   animal or vegetable  
                                                   based oils, synthetic
                                                   oils, solvents and   
                                                   biocides.            
                         Leaking trucks.........  Oil & grease and waste
                                                   materials.           
                         Accidental spills......  Chemicals listed for  
                                                   supplies above.      
Improper Connections to  Floor drains-process     Dependent on          
 Storm Sewer.             wastewater, cleaning     operations.          
                          and washdown of                               
                          process equipment and                         
                          process areas.                                
Outdoor Bulk Chemical    Above ground tanks.....  Sulfuric acid, ferric 
 Storage.                                          chloride, finishing  
                                                   solvents (mineral    
                                                   spirits), hydrated   
                                                   lime, surfactant.    
Outdoor Storage of coal  Coal piles.............  Oil & grease, TSS,    
                                                   copper, nickel, zinc.
Waste Management.......  Hoppers................  Leather dust, scraps. 
                         Dumpsters..............  Empty bags & chemical 
                                                   containers.          
                         Sludge (wastewater       Lime, pieces of       
                          treatment sludge         leather, hair,       
                          stored in containers     protein-like         
                          to diminish storm        substances, floor    
                          water contact,           sweepings, trivalent 
                          awaiting offsite         chromium, biochemical
                          disposal).               oxygen demand.       
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA  
  May 22, 1991--February 18, 1992.                                      
EPA, Office of Water. November 1982. ``Development Document for Effluent
  Limitations Guidelines and Standards for the Leather Tanning and      
  Finishing Point Source Category.'' EPA/440/1-82/016.                  
EPA, Office of Water Regulations and Standards and Office of Water      
  Enforcement and Permits. September 1986. ``Guidance Manual for Leather
  Tanning and Finishing Pretreatment Standards.''                       
EPA, Office of Solid Waste Management Programs, SCS Engineers, Reston,  
  VA. 1976. ``Assessment of Industrial Hazardous Waste Practices.       
  Leather Tanning and Finishing Industry.'' EPA-68-01-3261.             


[[Page 51043]]

2. Pollutants Found in Storm Water Discharges From Leather Tanning 
Operations
    The impacts caused by storm water discharges from leather tanning 
facilities will depend on the geographic location of the facility, the 
types of industrial activities occurring onsite (e.g., beamhouse, 
tanyard, retan and wet finishing, dry finishing); the types of 
significant materials exposed to storm water (e.g., trivalent chromium 
tanned leather shavings, chemical containers etc.), the size of the 
operation; and the type, duration, and intensity of precipitation 
events. Other factors such as air emissions (i.e., settled dust), 
materials storage, spills, improperly dumped materials, and illicit 
conditions may also impact receiving waters. (Illicit connections are 
contributions of unpermitted non-storm water discharges to storm 
sewers.)
    Part 1 group application information indicates that the industrial 
activities occurring at leather tanning facilities include leather 
tanning plant yards; unhairing (76.9 percent of samplers); chromium 
tanning (69.2 percent of samplers); splitting and shaving (76.9 
percent) retanning (69.2 percent); wet hide finishing-buffing (76.9 
percent); dry finishing; vegetable tanning (30.8 percent); immediate 
access roads and rail lines used or traveled by carriers of raw 
materials (38.5 percent of samplers), manufactured products, waste 
management (36.8 percent); material handling sites (23.1 percent); 
refuse sites; sites used for the application or disposal of process 
wastewaters (as defined at 40 CFR Part 401) sites used for residual 
treatment, storage or disposal (waste water treatment (30.8 percent)); 
shipping and receiving areas (69.2 percent of samplers); finished 
materials; and areas where industrial activity has taken place in the 
past and significant materials remain and are exposed to storm water. 
(40 CFR 122.26(b)(14)).
    Significant materials include raw materials, brine or salt cured 
hides and skins (7.7 percent), fuels (15.4 percent), materials such as 
solvents, detergents, finished materials; hazardous substances 
designated under Section 101(14) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), any chemical 
required to be reported pursuant to Section 313 of Title III of the 
Superfund Amendments and Reauthorization Act; fertilizers; pesticides; 
and waste products such as sludge (7.7 percent) that have the potential 
to be released with storm water discharge. (40 CFR 122.26(b)(12)). 
Other significant materials found at leather tanning facilities include 
leather shavings and dust (46.2 percent), leather scrap (30.8 percent), 
blue hides and splits (46.2 percent), empty chemical containers, spent 
solvents, emissions from spray booths, and wastes in dumpsters. 
Significant materials produced from various industrial activities 
occurring at leather tanning facilities are summarized in Table Z-1.
    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
leather tanning and finishing facilities as a whole and not subdivide 
this sector. Therefore, Table Z-2 lists data for selected parameters 
from facilities in the leather tanning and finishing sector. These data 
include the eight pollutants that all facilities were required to 
monitor for under Form 2F.

                          Table Z-2.--Statistics for Selected Pollutants Reported by Leather Tanning and Finishing Facilities Submitting Part II Sampling Datai (mg/L)                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                         facilities    -----------------------------------------------------------------------------------------------------------------------------------------
        Pollutant Sample type        ------------------                                                                                                                                         
                                        Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5................................       12       12       31       31     33.1      22.3       0.0       0.0     320.0      92.0      11.0      10.0     105.8      78.05    217.9     145.3 
COD.................................       12       12       31       31    205.5      91.94      0.0       0.0    2100.0     460.0      82.0      50.0     597.0     296.0    1247.4     577.2 
Nitrate + Nitrite Nitrogen..........       12       12       31       31      1.86      1.88      0.06      0.30     11.00      9.60      1.20      0.90      6.12      5.01     11.97      9.01
Total Kjeldahl Nitrogen.............       12       12       31       31      7.70      6.22      0.70      0.90     46.00     38.0       4.30      3.50     26.49     19.7      55.80     39.18
Oil & Grease........................       12      N/A       31      N/A     13.9     N/A         0.0     N/A       130.0     N/A         0.0     N/A        56.4     N/A       124.5     N/A   
pH..................................       12      N/A       31      N/A    N/A       N/A         4.6     N/A         9.0     N/A         7.4     N/A         8.9     N/A         9.8     N/A   
Total Phosphorus....................       12       12       31       31      0.36      0.83      0.00      0.03      3.00     18.0       0.16      0.18      1.11      1.51      2.34      3.66
Total Suspended Solids..............       12       12       31       31    310       115         0         0      4000       670        49        86      1302       520      4071     1209    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

    Table Z-3 lists the potential pollutant sources for common 
pollutants found at leather tanning and finishing facilities.

             Table Z-3.--List of Potential Pollutant Sources            
------------------------------------------------------------------------
           Parameter                        Pollutant sources           
------------------------------------------------------------------------
Oil and Grease................  Degreasing processes, oils used in      
                                 leather processing (fatliquoring).     
COD...........................  Complex organic and inorganic process   
                                 chemicals, dyes, vegetable tannins,    
                                 extraneous hide substances.            
BOD5..........................  Carbonaceous organic materials such as  
                                 dissolved or pulped hair and other     
                                 extraneous hide substances, nitrites,  
                                 ammonia from residual bating chemicals 
                                 and from hydrolytic deamination of     
                                 proteinaceous hair and hide substances.
pH............................  Acidic or alkaline materials.           
TSS...........................  Leather dust, scraps, hair.             
Total phosphorus..............  Detergents.                             
Nitrate nitrite nitrogen......  Spent bating liquors and breakdown of   
                                 organic proteins (dissolved hair and   
                                 dermal matter).                        
Total Kjeldahl nitrogen.......  Dissolved or pulped proteinaceous hair. 
Chromium......................  Blue hides, leather scraps and dust,    
                                 waste materials such as empty          
                                 containers, sludge.                    
------------------------------------------------------------------------

3. Options for Controlling Pollutants
    The measures implemented to reduce pollutants in storm water 
associated with leather tanning operations are generally uncomplicated 
practices. The following table identifies Best Management Practices 
(BMPs) associated with different activities that take place at leather 
tanning facilities. The most effective BMPs will be selected on the 
basis of site-specific considerations (e.g., facility size, industrial 
processes performed geographic location, significant materials, volume 
and type of discharge 

[[Page 51044]]
generated). Because of the industrial processes involved in leather 
tanning, BMPs that concentrate on source reduction, recycling and 
containment/diversion will be the most helpful for reducing pollution 
in storm water runoff.
    Source reduction BMPs include good housekeeping, materials 
management practices, preventive maintenance, spill prevention and 
response activities and employee training. Activities associated with 
good housekeeping include:
    Operation and Maintenance--Keep floors clean and dry, regularly 
pick up garbage and waste materials, make sure equipment is working 
properly, routinely inspect for leaks or conditions that could lead to 
discharges of chemicals or contact of storm water with raw materials, 
intermediate materials, waste materials etc., reduce chemical spills 
resulting from carelessness and prepare program to control spills and 
carry out cleanups. Ensure that spill cleanup procedures are understood 
by employees. Eliminate unnecessary uses of water such as leaving hoses 
running.
    Materials Storage and Maintenance--Store containers away from 
direct traffic routes to prevent accidental spills, stack containers 
according to manufacturers instructions to avoid damaging containers, 
store containers on pallets to prevent corrosion of containers, assign 
responsibility of hazardous material inventories to a limited number of 
people who are trained to handle hazardous materials.
    Material Inventory Procedures--Identify all chemical substances 
present in the work place, label all containers, clearly mark on the 
inventory hazardous materials that require special handling, storage or 
use.
    Preventive Maintenance--Identify equipment, systems and facility 
areas that should be inspected, schedule periodic inspections of the 
equipment and systems, timely adjustments, repair, or replacement of 
equipment and systems. Maintain complete records on inspections, 
equipment, and systems. Install automatic monitoring devices to detect 
abnormal discharge of gases and hazardous substances.
    Containment/diversion BMPs involve segregating areas of concern by 
covering or berming the activity and controlling dust. Diversion dikes, 
curbs and berms are temporary or permanent diversion structures that 
prevent runoff from passing beyond a certain point, and divert runoff 
away from its intended path. Dikes, curbs and berms are already in use 
at some leather tanning facilities.
    Part 1 group application data indicate that BMPs have not been 
widely implemented at the representative sampling facilities. The most 
commonly listed material management practice is roofing and covers. 
Table Z-4 lists BMPs associated with different activities that take 
place at leather tanning facilities.

              Table Z-4.--List of Best Management Practices             
------------------------------------------------------------------------
         Activity                    Best management practices          
------------------------------------------------------------------------
Temporary Outdoor Storage  Store hides indoors if possible.             
 of fresh or brine cured   Cover the hides with a roof or temporary     
 hides.                     covering (e.g., polyethylene, tarpaulin     
                            etc.).                                      
                           Minimize storm water runon by enclosing the  
                            area or building a berm around the area.    
                           Inspect area regularly for proper            
                            implementation of good housekeeping and     
                            control measures.                           
Beamhouse Operations.....  Store chemical drums & bags and empty lime & 
                            depilatory chemical containers indoors if   
                            possible, preventive maintenance.           
                           Cover chemical drums & bags, empty lime &    
                            depilatory chemical containers and leather  
                            scraps with roof or temporary covering      
                            (e.g., tarpaulins, polyethylene) and store  
                            on elevated impermeable surface.            
                           Curbing, containment dikes around chemical   
                            storage, empty lime & depilatory chemical   
                            containers and leather scrap storage area.  
                           Inspect area regularly for leaking drums,    
                            broken bags, proper implementation of good  
                            housekeeping and control measures, (broken  
                            cracked dikes), material inventory, material
                            storage and operation & maintenance.        
                           Clean up leaks & spills quickly & completely,
                            use drip pans for leaking equipment.        
                           Good Housekeeping--all paved areas should be 
                            swept regularly, eliminate unnecessary      
                            flushing with water and label chemical drums
                            and containers.                             
                           Employee training on good housekeeping,      
                            proper handling of chemicals.               
Tanyards.................  BMPs for Tanyards (empty chemical containers 
                            and hides, leather dust, shavings) are the  
                            same as those listed above for Beamhouse    
                            Activities.                                 
Retan and wet finish.....  Dust reduction through frequent inspection of
                            vacuum, collector (bag & cyclone), and      
                            filter systems.                             
                           Dust reduction through enclosure and         
                            covering.                                   
                           Preventive maintenance/inspection of dust    
                            collection systems.                         
                           Good Housekeeping-regular sweeping of paved  
                            areas, eliminate unnecessary flushing with  
                            water and label chemical drums and          
                            containers.                                 
                           Employee training on good housekeeping,      
                            proper handling of chemicals.               
Dry Finish...............  Preventive maintenance, inspection of spray  
                            booths.                                     
                           Employee training on proper disposal of spent
                            solvents.                                   
Receiving and shipping...  Cover shipping & receiving area.             
                           Cover trucks.                                
                           Vehicle positioning--locating trucks while   
                            transferring materials to prevent spills    
                            onto the ground surface.                    
                           Grade berm or curb area to prevent storm     
                            water runon contamination, divert rain      
                            gutters away from loading area.             
                           Clean spills immediately.                    
                           Inspect trucks for leaks.                    
                           Employee training in spill prevention.       
Liquid Storage in Above    Clearly tag valves to avoid human error.     
 Ground Tanks.                                                          
                           Install overflow protection devices on tank  
                            systems to warn operator or to automatically
                            shut down transfer pumps when tanks reach   
                            full capacity.                              
                           Secondary containment around tanks.          

[[Page 51045]]
                                                                        
                           Employee training.                           
                           Inspection of tank foundations, connections, 
                            coatings, valves and piping systems.        
                           Comply with existing spill prevention,       
                            cleanup and countermeasure plans (SPCC plan)
                            and State and Federal laws.                 
                           Integrity testing by qualified professional. 
Improper connections to    Plug all floor drains connected to sanitary  
 storm sewers.              or storm sewer.                             
                           Perform smoke or dye testing to determine if 
                            interconnections exist between sanitary     
                            water system and storm sewer system.        
                           Update facility schematics to accurately     
                            reflect all plumbing connections.           
                           Install a safeguard against washwaters from  
                            processing areas entering the storm sewer   
                            unless permitted.                           
                           Train employees on proper disposal practices 
                            for all materials.                          
Waste Management.........  Conduct waste reduction assessment--develop  
                            guidelines for the elimination of waste     
                            generation emissions.                       
                           Institute industrial waste source reduction  
                            and recycling BMPs.                         
                           Move waste management activities indoors     
                            (after safety concerns are addressed) and   
                            cover waste piles, dumpsters, hoppers, place
                            on impermeable elevated surfaces.           
                           Prevent storm water runon by curbing,        
                            building berms.                             
                           Cover trucks & inspect for leaking wastes.   
                           Inspection of waste management areas for     
                            leaking containers, spills, damaged         
                            containers, uncovered waste piles,          
                            dumpsters, hoppers.                         
                           Inspection of roof areas & outside equipment.
                           Develop and maintain proper erosion control  
                            or site stabilization measures.             
                           Train employees on proper disposal practices 
                            for all materials.                          
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1.                  
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities--Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             
EPA, Office of Research and Development. January 1993. ``Investigation  
  of Inappropriate Pollutant Entries into Storm Drainage Systems. A     
  User's Guide.'' EPA/600/R-92/238.                                     


4. Special Conditions
    There are no additional requirements beyond those described in Part 
VI.B. of this fact sheet.
5. Storm Water Pollution Prevention Plan Requirements
    All facilities covered by this section must prepare and implement a 
storm water pollution prevention plan. The establishment of a pollution 
prevention plan requirement reflects EPA's decision to allow operators 
of leather tanning facilities to select BMPs as the Best Available 
Technology/Best Control Technology (BAT/BCT) level of control for the 
storm water discharges covered by this section. The requirements 
included in pollution prevention plans provide a flexible framework for 
the development and implementation of site specific controls to 
minimize pollutants in storm water discharges.
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
leather tanning facilities. Pollution prevention plans allow the 
operator of a facility to select BMPs based on site-specific 
considerations such as facility size, climate, geographic location, the 
environmental setting of the facility, and volume and type of discharge 
generated. This flexibility is necessary because each facility will be 
unique in that the source, type, and volume of contaminated surface 
water discharges will differ from site to site.
    There are two major objectives to a pollution prevention plan (1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and (2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility. Specific requirements for a 
pollution prevention plan for leather tanning facilities and facilities 
which make fertilizer solely from leather scraps and dust are described 
below.
    a. Contents of the Plan. Storm water pollution prevention plans are 
intended to help leather tanners evaluate all potential pollution 
sources at a site, and assist in the selection and implementation of 
appropriate measures designed to prevent, or control the discharge of 
pollutants in storm water runoff. EPA has developed guidance entitled 
``Storm Water Management for Industrial Activities: Developing 
Pollution Prevention Plans and Best Management Practices,'' EPA, 1992 
(EPA 832-R-92-006), to assist permittees in developing and implementing 
pollution prevention measures.
    (1) Description of Potential Pollutant Sources. Each storm water 
pollution prevention plan must describe activities, materials, and 
physical features of the facility that may contribute to storm water 
runoff or, during periods of dry weather result in dry weather flows. 
This assessment of storm water pollution 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. Plans must describe the following elements:
    (a) Drainage--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural features that control 
pollutants in storm water runoff and process wastewater discharges, 
surface water bodies (including wetlands), places where significant 
materials 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 

[[Page 51046]]
storage), material processing, and waste disposal, haul roads, access 
roads, and rail spurs. In addition the site map must also identify the 
location of all outfalls covered under this permit. The facility must 
prepare an inventory of the types of discharges contained in each 
outfall. This inventory may be kept as an attachment to the site map.
    (b) Inventory of Exposed Materials--Facility operators are required 
to 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 storm water runoff; 
existing structural controls that limit process wastewater discharges; 
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 effect 
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 pills 
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 110.0 and 40 CFR 117.21) or Section 102 of 
CERCLA (see 40 CFR 302.4). Significant spill may also include releases 
of oil or hazardous substances that are not in excess of reporting 
requirements and release of materials that are not classified as oil or 
a hazardous substance. The list shall be updated as appropriate during 
the term of the permit.
    (d) Sampling Data--Any existing data on the quality or quantity of 
storm water discharges from the facility must described in the plan. 
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.
    (e) Risk Identification and 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 operator of the facility must 
consider the following activities: loading and unloading operations; 
outdoor storage activities; outdoor 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., 
total suspended solids, biochemical oxygen demand, etc.) associated 
with each source.
    (2) Measures and Controls. Under the description of measures and 
controls in the storm water pollution prevention plan requirements, 
this section proposes that all areas that may contribute pollutants to 
storm water discharges shall be maintained in a clean, orderly manner. 
This section also proposes that the following areas must be 
specifically addressed:
    (a) Areas to be Addressed.
    (i) Storage Areas for Raw, Semiprocessed, or Finished Tannery By-
products--Pallets and/or bales of raw, semiprocessed, or finished 
tannery by-products (e.g., splits, trimmings, shavings, etc.) that are 
stored where there is potential storm water contact, must be stored 
indoors or protected by polyethylene wrapping, tarpaulins, roofed 
storage area or other suitable means. Materials should be placed on an 
impermeable surface, the area should be enclosed or bermed or other 
equivalent measures should be employed to prevent runon or runoff of 
storm water.
    (ii) Material Storage Areas--Label storage units of all materials 
(e.g., specific chemicals, hazardous materials, spent solvents, waste 
materials). Maintain such containers and units in good condition. 
Describe measures that prevent or minimize contact with storm water. 
The facility must consider indoor storage and/or installation of 
berming and diking around the area to prevent runon or runoff of storm 
water.
    (iii) Buffing/Shaving Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff with 
leather dust from buffing/shaving areas. The facility may consider dust 
collection enclosures, preventive inspection/maintenance programs or 
other appropriate preventive measures.
    (iv) Receiving, Loading, and Storage Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from receiving, unloading, and storage areas. Exposed receiving, 
unloading and storage areas for hides and chemical supplies should be 
protected by a suitable cover, diversion of drainage to the process 
sewer, directing rain gutters away from loading/receiving areas, grade 
berming or curbing area to prevent runon of storm water or other 
appropriate preventive measures.
    (v) Outdoor Storage of Contaminated Equipment--The plan must 
describe measures that minimize contact of storm water with 
contaminated equipment. Equipment should be protected by suitable 
cover, diversion of drainage to the process sewer, thorough cleaning 
prior to storage or other appropriate preventive measures.
    (vi) Waste Management--The plan must describe measures that prevent 
or minimize contamination of the storm water runoff from waste storage 
areas. The facility may consider inspection/maintenance programs for 
leaking containers or spills, covering dumpsters, moving waste 
management activities indoors, covering waste piles with temporary 
covering material such as tarpaulin or polyethylene, and minimizing 
storm water runon by enclosing the area or building berms around the 
area.
    (vii) Vehicle Maintenance and Fueling--Permittees must follow all 
applicable requirements described in Part XI.P. for controlling storm 
water discharges from vehicle maintenance and refueling areas.
    (viii) Improper Connections to Storm Sewers--The plan must describe 
measures which prevent and prohibit washwaters from processing areas 
from entering storm sewers. The facility must install safeguards 
against wash waters entering storm sewers and train employees on proper 
disposal practices for disposal of all process waste materials.
    These areas are sources of pollutants in storm water from leather 
tanning facilities. EPA believes that the incorporation of BMPs such as 
those suggested, in conjunction with the pollution prevention plan, 
will substantially reduce the potential of 

[[Page 51047]]
storm water contamination from these areas. Based upon the information 
provided in part 1 of the group application process, some of the 
suggested management processes are being used at leather tanning 
facilities. In addition, EPA believes that these requirements continue 
to provide the necessary flexibility to address the variable risk for 
pollutants in storm water discharges associated with different 
facilities. Further, many facilities will find that management measures 
that they have already incorporated into the facilities operation, such 
as the use of covers and roofing, containers, and berms and dikes will 
meet the requirements of this section.
    (b) Preventive Maintenance--Under the preventive maintenance 
requirements of the pollution prevention plan, permittees are required 
to develop a preventive maintenance program that includes regular 
inspections and maintenance of storm water BMPs. The maintenance 
program requires periodic removal of debris from discharge diversions. 
Permittees using ponds to control their effluent limitation frequently 
use impoundments or sedimentation ponds as their BAT/BCT. Maintenance 
schedules and maintenance measures for these ponds must be provided in 
the pollution prevention plan.
    The purpose of the inspections is to check on the accuracy of the 
description of potential pollution sources contained in the plan, 
determine the effectiveness of the plan and implementation of the storm 
water pollution prevention plan. The inspections allow facility 
personnel to monitor the success or failure of elements of the plan on 
a regular basis. The use of an inspection checklist is recommended. The 
checklist will ensure that all required areas are inspected, as well as 
help to meet the record keeping requirements. Based on the results of 
each inspection, the description of potential pollution sources, and 
measures and controls, the plan must be revised as appropriate within 2 
weeks after each inspection. Changes in the measures and controls must 
be implemented on the site in a timely manner, and never more than 12 
weeks after completion of the inspection.
    (c) Inspections--Under the inspection requirements of the storm 
water pollution prevention plan elements, qualified facility personnel 
shall be identified to inspect designated areas of the facility, at a 
minimum of every 3 months. The individual or individuals who will 
conduct the inspections must be identified in the plan and should be 
members of the pollution prevention team. The following areas shall be 
included in all inspections: storage areas for equipment and vehicles 
awaiting maintenance, facility yard area where outdoor storage occurs, 
receiving and unloading areas and waste management areas. A set of 
tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections shall be maintained and the pollution prevention plan 
modified where necessary.
    In addition, qualified personnel must conduct quarterly visual 
inspections of all BMPs. The inspections shall include an assessment of 
the effectiveness and need for maintenance of storm water roofing and 
covers, dikes and curbs, discharge diversions, sediment control and 
collection systems and all other BMPs.
    Quarterly visual inspections must be made at least once in each of 
the following designated periods during daylight hours. January-March 
(storm water runoff or snow melt), April-June (storm water runoff), 
July-September (storm water runoff), and October-December (snow melt 
runoff). Records shall be maintained as part of the pollution 
prevention plan.
    (d) Employee Training--Under the employee training component of the 
storm water pollution prevention plan requirements, the permittee is 
required to identify annual (once per year) dates for training. 
Employee training must, at a minimum, address the following areas when 
applicable to a facility: general good housekeeping practices, spill 
prevention and control, waste management, inspections, preventive 
maintenance, detection of non-storm water discharges and other areas. 
EPA requires 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.
    (e) Recordkeeping and Internal Reporting--Permittees must describe 
procedures for developing and retaining records on the status and 
effectiveness of plan implementation. The plan must address spills, 
monitoring, and BMP inspection and maintenance activities. Ineffective 
BMPs must be reported and the date of their corrective action recorded. 
Employees must report incidents of leaking fluids to facility 
management and these reports must be incorporated into the plan.
    (f) Storm Water Management--The permittee must evaluate the 
appropriateness of each storm water BMP that diverts, infiltrates, 
reuses, or otherwise reduces the discharge of contaminated storm water. 
In addition, the permittee must describe the storm water pollutant 
source or activity (i.e., loading and unloading operations, raw 
material storage piles, waste piles, etc.) to be controlled by each 
storm water management practice.
    (3) Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
comprehensive site evaluation 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 this 
section. Comprehensive site compliance evaluations must be conducted 
once a year for leather tanning facilities. These evaluations are 
intended to be more in depth than the quarterly visual inspections. The 
individual or individuals who will conduct the evaluation must be 
identified in the plan and should be members of the pollution 
prevention team. Evaluation reports must be retained for at least 3 
years after the date of the evaluation. Based on the results of each 
evaluation, the description of potential pollution sources, and 
measures and controls, the plan must be revised as appropriate within 2 
weeks after each inspection. Changes in the measures and controls must 
be implemented on the site in a timely manner, and never more than 12 
weeks after completion of the evaluation.
6. Numeric Effluent Limitations
    There are no numeric effluent limitations for storm water 
discharges from leather tanning facilities beyond those described in 
Part VI.E. of the fact sheet.
7. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. The regulatory modifications 
at 40 CFR 122.44 (i)(2) established on April 2, 1992, grant permit 
writers the flexibility to reduce monitoring requirements in storm 
water discharge permits. EPA has determined that the potential for 
storm water discharges to contain pollutants above benchmark levels, 
because of the industrial activities and materials exposed to 
precipitation, does not support sampling at leather tanning and 
finishing facilities. Under the Storm Water Regulations at 40 CFR 
122.26(b)(14), EPA defined ``storm water 

[[Page 51048]]
discharge associated with industrial activity''. The focus of today's 
permit is to address the presence of pollutants that are associated 
with the industrial activities identified in this definition and that 
might be found in storm water discharges. Under the methodology for 
determining analytical monitoring requirements, described in section 
VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
bench mark concentrations for the leather tanning and finishing sector. 
After a review of the nature of industrial activities and the 
significant materials exposed to storm water described by facilities in 
this sector, EPA has determined that the higher concentrations of 
nitrate plus nitrite nitrogen are not likely to be caused by the 
industrial activity, but may be primarily due to non-industrial 
activities on-site. Today's permit does not require leather tanning and 
finishing facilities to conduct analytical monitoring for this 
parameter. Based on a consideration of the BMPs typically used at these 
facilities, and generally low pollutant values from the application 
data, EPA believes that the pollution prevention plan with visual 
examinations of storm water discharges will help to ensure storm water 
contamination is minimized. Because permittees are not required to 
conduct sampling, they will be able to focus their resources on 
developing and implementing the pollution prevention plan.
    b. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of a storm water discharge from each outfall are 
required for leather tanning and finishing facilities. The examination 
must be of a grab sample collected from each storm water outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, clarity, floating solids, settled solids, suspended 
solids, foam, oil sheen, or other obvious indicators of storm water 
pollution. The examination must be conducted in a well lit area. No 
analytical tests are required to be performed on these samples.
    The examination must be made at least once in each of the following 
three-month periods: January through March; April through June; July 
through September; and October through December during daylight unless 
there is insufficient rainfall or snow-melt to runoff. EPA expects 
that, whenever practicable, the same individual should carry out the 
collection and examination of discharges throughout the life of the 
permit to ensure the greatest degree of consistency possible. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 1 hour) of when the runoff 
begins discharging. Reports of the visual examination include: the 
examination date and time, examination personnel, visual quality of the 
storm water discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

AA. Storm Water Discharges Associated With Industrial Activity From 
Fabricated Metal Products Industry

1. Discharges Covered Under this Section
    On November 16, 1990 [55 Federal Register (FR) 47990], the U.S. 
Environmental Protection Agency (EPA) promulgated the regulatory 
definition of ``storm water discharges associated with industrial 
activity.'' This section of today's final permit covers storm water 
discharges associated with industrial activities from metal fabrication 
processes and operations. Fabricated metal and processing facilities 
eligible for coverage under this section include the following types of 
operations: fabricated metal products, except machinery and 
transportation equipment (Standard Industrial Classification (SIC) 
codes 3429, 3441, 3442, 3443, 3444, 3451, 3452, 3462, 3471, 3479, 3494, 
3496 and 3449); and jewelry, silverware, and plated ware (SIC code 
391).
    This section covers establishments engaged in fabricating ferrous 
and nonferrous metal products, such as metal cans, tinware, general 
hardware, automotive parts, tanks, road mesh, structural metal 
products, nonelectrical equipment, and a variety of metal and wire 
products from purchased iron or steel rods, bars, or wire materials. 
This section does not cover discharges from establishments engaged in 
manufacturing and rolling of ferrous and nonferrous metals, forgings or 
stampings, electrolytic or other processes for refining copper from 
ore. These establishments are addressed in a separate section of 
today's final permit.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    Impacts caused by storm water discharges from fabricating 
operations will vary from one facility to the next. Several factors 
influence to what extent 

[[Page 51049]]
significant materials from fabricators will affect water quality. 
Specifically, the use of indoor operations as opposed to outdoor 
storage facilities; discharges to Publicly Owned Treatment Works 
(POTWs); recycling programs; product choice in the various operations; 
and the number of operations that take place at a given facility based 
on customer needs; and use of storm water controls.
    This section does not cover any discharge subject to process 
wastewater effluent limitation guidelines.
2. Industrial Profile
    There are two major subcategories of facilities covered by this 
sector: fabricated metal products excluding coating and fabricated 
metal coating and engraving. These facilities are engaged in the 
manufacturing of a variety of products that are constructed primarily 
by using metals. The operations performed usually begin with materials 
in the form of raw rods, bars, sheet, castings, forgings, and other 
related materials and can progress to the most sophisticated surface 
finishing operations. There are typically several operations that take 
place at a fabrication facility: machining operations, grinding, 
cleaning and stripping, surface treatment and plating, painting, and 
assembly. The machining operation involves turning, drilling, milling, 
reaming, threading, broaching, grinding, polishing, cutting and 
shaping, and planing. Grinding is the process using abrasive grains 
such as aluminum oxide, silicon carbide, and diamond to remove stock 
from a workpiece. Cleaning and stripping is a preparatory process 
involving solvents for the removal of oil, grease and dirt. Both 
alkaline and acid cleaning are employed. Surface treatment and plating 
is a major component that involves batching operations to increase 
corrosion or abrasion resistance. This is generally in the form of 
galvanizing. Painting is generally practiced at most facilities to 
provide decoration and protection to the product or item. Assembly is 
the fitting together of previously manufactured parts into a complete 
unit or structure.
    Industrial activities and storm water management practices vary 
among the fabricating industry, mostly in the type of chemicals used in 
the processes and the final product. Some industries involve only dry 
operations and others include wet operations. Examples of products 
being fabricated in this industry include: aircraft engines, screws, 
nuts, bolts, automotive parts (drive shafts, struts, gears, rods), 
tanks, hand tools, doors, and bridge grates.
    Many of the operations in this industry take place indoors. The 
major activities evaluated for purposes of storm water contamination 
and control measures include: waste storage, outside product storage, 
use of pickling acids, storage of cutoff scrap metal, aluminum scraps, 
hazardous materials, galvanized steel components, solvent storage, 
waste paper storage, machinery storage, used absorbent materials, wood 
materials dunnage/pallets, and maintenance of existing Best Management 
Practices (BMPs). The table below lists the most likely wastes to be 
generated at a steel fabricating facility.

     Table AA-1.--Wastes Generated From Fabricated Metals Industries    
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Tool workpiece           Used metal working       TSS, COD, oil and     
 interface/shaving,       fluid with fine metal    grease.              
 chipping.                dust.                                         
Parts/tools cleaning,    Solvent cleaners         Spent solvents, TSS,  
 sand blasting, metal     abrasive cleaners,       acid/alkaline waste, 
 surface cleaning,        alkaline cleaners,       oil.                 
 removal of applied       acid cleaners, rinse                          
 chemicals.               waters.                                       
Making structural        Cuttings, scraps,        Metals.               
 components.              turnings, fines.                              
Painting operations....  Paint and paint thinner  Paints, spent         
                          spills, sanding, spray   solvents, heavy      
                          painting.                metals, TSS.         
Cleanup of spills and    Used absorbent           TSS, spilled material.
 drips.                   materials.                                    
Transportation or        Wood dunnage/pallets...  BOD, TSS.             
 storage of materials.                                                  
------------------------------------------------------------------------

3. Storm Water Sampling Results
    Based on the wide variety of industrial activities and significant 
materials at the facilities included in this sector, EPA believes it is 
appropriate to divide the fabricated metal industry into subsectors to 
properly analyze sampling data and determine monitoring requirements. 
As a result, this sector has been divided into the following 
subsectors: fabricated metal products except coating and fabricated 
metal coating and engraving. Tables AA-2 and AA-3 below include data 
for the eight pollutants that all facilities were required to monitor 
for under Form 2F. The tables also list those parameters that EPA has 
determined merit further monitoring.

  Table AA-2.--Statistics for Selected Pollutants Reported by Cutlery, Handtools, and General Hardware, Fabricated Structural Metal Products, Screw Machine Products, and Bolts, Nuts, Screws,  
  Rivets, and Washers, Metal Forgings and Stampings, Electroplating, Plating, Polishing, Anodizing, and Coloring, Miscellaneous Fabricated Metal Products, Jewelry, Silverware, and Plated Ware 
                                                                Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                                                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                        No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile       99th percentile  
                                      facilities    --------------------------------------------------------------------------------------------------------------------------------------------
       PollutantSample type       ------------------                                                                                                                                            
                                     Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5............................       51       49       70       69    19.6      11.6       0.0       0.0      380.0      57.0       8.4       8.0      53.5      32.6      106.2       55.8  
COD..............................       51       48       70       68   143.2     115.2       0.0       0.0     1380.0     962.0      63.0      63.0     435.4     358.5      885.1      713.7  
Nitrate + Nitrate Nitrogen.......       51       49       70       69     1.66      1.31      0.00      0.0       14.90      9.17      0.94      0.87      5.85      4.58      12.74       9.22 
Total Kjeldahl Nitrogen..........       51       49       70       69     3.24      2.05      0.00      0.0       29.30      9.12      1.76      1.40      9.77      5.99      19.16      10.52 
Oil & Grease.....................       50      N/A       69      N/A     9.2     N/A         0.0     N/A         86.0     N/A         6.0     N/A        31.3     N/A         62.1      N/A    
pH...............................       45      N/A       63      N/A   N/A       N/A         3.3     N/A          9.0     N/A         7.1     N/A         9.4     N/1         10.7      N/A    
Total Phosphorus.................       50       49       69       69     1.13      1.03      0.00      0.0       10.50     10.8       0.22      0.2       3.39      3.36       8.96       9.12 
Total Suspended Solids...........       51       49       70       69   214       169         0         0       2340      3235       104        53      1014       650       2832       1801    
Aluminum, Total..................       15       15       16       16    89.68     10.37      0.00      0.00    1400.0     130.00      0.96      0.92     74.83     24.71     365.47      80.82 
Iron, Total......................       25       23       32       29     4.9       3.1       0.0       0.0       25.1      26.0       1.5       0.9      28.3      13.2       92.2       35.5  
Zinc, Total......................       27       25       38       35     6.407     3.451     0.000     0.007    157.00     22.80      0.72      0.44     18.234    20.001     64.196     79.412
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


                                                                                                                                                                                                

[[Page 51050]]
                     Table AA-3.--Statistics for Selected Pollutants Reported by Coating, Engraving, and Allied Services Facilities Submitting Part II Sampling Datai (mg/L)                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                        No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile       99th percentile  
                                      facilities    --------------------------------------------------------------------------------------------------------------------------------------------
       PollutantSample type       ------------------                                                                                                                                            
                                     Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD 5............................       13       13       16       16    12.0       6.06      0.0       0.0      81.0      17.0        7.5       6.0      39.3      15.8       74.4       24.58 
COD..............................       13       13       16       17    68.8      56.9      12.0       0.0     320.0     160.0       45.0      49.0     194.4     262.7      349.4      559.3  
Nitrate + Nitrate Nitrogen.......       13       13       16       17     1.82      1.60      0.21      0.0       7.70     12.5        0.96      0.80      5.64      4.44      10.91       8.67 
Total Kjeldahl Nitrogen..........       13       13       16       17     2.36      1.52      0.00      0.0       7.20      5.2        1.35      0.80      6.87      4.41      12.12       7.68 
Oil & Grease.....................       13      N/A       16      N/A     1.7     N/A         0.0     N/A         9.0     N/A          0.0     N/A         9.4     N/A         18.2      N/A    
pH...............................       11      N/A       14      N/A   N/A       N/A         5.5     N/A         8.2     N/A          6.6     N/A         8.0     N/A          8.7      N/A    
Total Phosphorus.................       13       13       16       17     1.91      0.90      0.00      0.0      16.00     12.0        0.16      0.15      6.30      2.77      23.91       9.37 
Total Suspended Solids...........       13       13       16       17   112        88         0         0       461       990         26        21       474       272       1215        764    
Zinc, Total......................       10       10       13       14     0.489     0.218     0.050     0.000     2.100     0.830      0.32      0.15      1.481     0.800      2.758      1.632
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
iApplications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit  
  were assumed to be 0.                                                                                                                                                                         
iiComposite samples.                                                                                                                                                                            


4. Options for Controlling Pollutants
    The measures to control pollutants at metal fabricating operations 
should focus primarily on the storage of waste and raw materials; 
chemical storage areas; and equipment storage and service areas. Since 
most of the operations occur indoors, procedures are necessary in the 
handling and transporting of materials to minimize exposure of 
pollutants to storm water runoff. Of primary importance is the control 
of activities and use of chemicals that have been identified as 
potential sources of pollutants. The most effective discharge controls 
for these facilities are BMPs targeted toward source control. This 
includes utilizing inside storage as much as possible; and implementing 
programs for recycling scrap materials. Many of these practices require 
the use of covers, indoor storage, and indoor operations. Some 
structural measures would provide an additional control to reduce the 
potential for exposure at these facilities. These include source 
reduction diversion dikes, grass swales, vegetative covers, and 
sedimentation ponds. Preventive controls are typically low in cost and 
relatively easy to implement, as the majority of the facilities in this 
industry already employ these practices. In addition, directing flows 
to privately owned treatment works or retention ponds will be the most 
effective measure. The industry also must give consideration to the 
non-storm water discharges associated with improper disposal of 
materials from the indoor processes due to the extensive use of 
chemicals in the preparation and finishing phases of metal preparation 
and fabrication. The industry also involves grinding, welding, and 
sanding operations that will require special consideration to control 
potential pollutants that could accumulate and be subject to storm 
water runoff. Most of the measures commonly implemented to reduce 
pollutants in storm water associated with the fabricated metals 
industry are generally uncomplicated practices. Some of the practices 
may be predicated on the size of the operation, the types of processes 
that are exercised from a full-scale plant operation to a more 
specialized company that conducts only a portion of the operations 
usually found in the fabricating industry. Table AA-4 below is an 
outline of the most common activities and sources that may produce 
pollutants associated with different activities that routinely take 
place at fabricated metal industries. Following the table is a brief 
list of BMPs that EPA believes will help reduce and control the 
potential pollutant sources at fabricating facilities from 
contaminating storm water.

   Table AA-4.--Pollutants Potentially Found in Storm Water Discharges  
              Associated With the Fabricated Metal Industry             
------------------------------------------------------------------------
        Activity             Pollutant source            Pollutant      
------------------------------------------------------------------------
Metal preparation......  Grinding, welding,       Steel scraps, aluminum
                          sawing, shaving,         scraps, brass,       
                          brazing, bending,        copper, dust, chips  
                          cutting, etching.        and borings, steel   
                                                   scale, teflon,       
                                                   manganese.           
Parts cleaning.........  Solvents, cold and hot   Acid, coolants, clean 
                          dips, cleaning parts,    composition,         
                          degreasing.              degreaser, mineral   
                                                   spirits, pickle      
                                                   liquor, spent        
                                                   caustic, sludge.     
Surface Treatment......  Finishing, plating,      Acid, aromatic        
                          case hardening,          solvent, corn cob,   
                          chemical coating,        lubricants, sand,    
                          coating, polishing,      oil, pH, nitrates,   
                          rinsing, abrasive        nitrites, carbon,    
                          cleaning,                phosphates, borates, 
                          electroplating.          nitrogen, oily       
                                                   sludge, nickel,      
                                                   chromium,            
                                                   hydrofluoric acid.   
Galvanizing............  Spills, leaks,           Acid solution,        
                          transporting materials.  phosphates, zinc     
                                                   chromate, hexavalent 
                                                   chromium, nickel.    
Painting...............  Empty containers, paint  Paint wastes, thinner,
                          application wastes,      varnish, heavy       
                          spills, over spraying,   metals, spent        
                          storage areas.           chlorinated solvents 
Heavy equipment use and  Leaking fluids, fluids   Oil, heavy metals,    
 storage.                 replacement, washing     organics, fuels, TSS,
                          equipment, use on poor   hydraulic oil, diesel
                          surface area, soil       fuel, gasoline       
                          disturbance.                                  
Equipment maintenance..  Leaking fluids, fluids   Oil, grease           
                          replacement, washing                          
                          equipment.                                    
Storage of uncoated      Stored on porous         Aluminum, lead, zinc, 
 structural steel.        pavement.                copper, iron, oxide, 
                                                   oil, nickel,         
                                                   manganese.           
Storing galvanized       Galvanizing material     Metals: zinc, nickel, 
 steel directly on the    drippage or leaching.    cadmium, chromium.   
 ground.                                                                
Vehicle/equipment        Soil disturbance and     TSS from erosion,     
 traffic.                 erosion.                 hydraulic fluid loss/
                                                   spillage             
Cleaning equipment/      Chemicals disposed       Oil, grease,          
 vehicles.                improperly, spillage.    surfactants,         
                                                   chromates, acid,     
                                                   hydroxide, nitric    
                                                   acid.                

[[Page 51051]]
                                                                        
Storage areas..........  Unidentifiable drums,    Benzene, toluene,     
                          extended exposure to     xylene, pyrene, and  
                          weather conditions,      other volatile       
                          tank corrosion, open     organics, solvents.  
                          containers.                                   
Equipment usage........  Malfunctioning           Oil, grease, lead     
                          equipment, stockpiled                         
                          obsolete equipment.                           
Above ground storage     Installation problems,   Fuel oil and various  
 tanks.                   spills, external         chemicals.           
                          corrosion and                                 
                          structural failure.                           
------------------------------------------------------------------------


    Table AA-4 above shows the potential pollutants that could end up 
in storm water runoff if the activities typically found at a 
fabricating facility are not handled properly. Many of the fabricating 
facilities in the group application indicated several of the activities 
listed as a part of the normal operations carried out at the facility. 
Many of the pollutants involved in these activities are potentially of 
concern if exposed to precipitation and storm water runoff. 
Consideration of control measures is needed to assure that the 
activities minimize exposure to the potential pollutants of concern as 
it relates to each activity identified and control the potential 
sources that may generate pollutants as part of the management 
practices used.
5. Special Conditions
    The permit conditions that apply to the fabricated metals industry 
build upon the base permit requirements set forth in the front of 
today's permit. The discussion that follows, therefore, only addresses 
conditions that differ from those base requirements.
    Due to the concern that many non-storm water discharges may be 
present at metal fabricators, EPA is requiring that all facilities 
provide proof that these discharges are not commingled and are 
appropriately controlled so as to protect all receiving waters.
    Today's permit clarifies in Part XI.AA.2. (Prohibition of Non-storm 
Water Discharges) that non-storm water discharges, including metal 
fabricator operations, are not authorized by this section. The 
operators of such non-storm water discharges must obtain coverage under 
a separate National Pollutant Discharge Elimination System (NPDES) 
permit if discharged to waters of the United States or through a 
municipal separate storm sewer system. In a related requirement under 
the storm water pollution prevention plan requirements, the permittee 
is required to attach a copy of the NPDES permit issued for metal acid 
baths, sludge disposal, scrap disposal or recycling or, if an NPDES 
permit has not yet been issued, a copy of the pending application plan. 
Facilities that pretreat and discharge the waste water into a POTW 
system must notify the operator and a copy of the notification must be 
attached to the plan. With regard to all the acid baths, wash waters, 
and any other non-storm water discharges must be considered in the 
plan. Some facilities may use retention ponds, recycling, collecting 
and hauling as methods of disposal. Other facilities discharge into 
separate storm sewer systems. In these instances, the facility is 
required to attach the disposal plans and operations to the plan.
6. Storm Water Pollution Prevention Plan Requirements
    Each storm water pollution prevention plan must stipulate 
activities, materials, and physical features of the facility that may 
contribute pollutants to storm water runoff or, during periods of dry 
weather, result in dry weather flows. The metals fabricating industry 
plan focuses primarily on storage areas, unloading and loading areas, 
and any other areas where outside operations occur.
    Under the description of measures and controls in the storm water 
pollution prevention plan requirements, facilities are required to 
address the identified pollutant sources by identifying and 
implementing appropriate storm water pollution management controls. 
Such controls much address the areas listed below, as appropriate.
    a. Facility Areas to be Addressed in the Storm Water Pollution 
Prevention Plan.
    (1) Metal Fabricating Areas. These areas should be kept clean by 
frequent sweeping to avoid heavy accumulation of steel ingots, fines, 
and scrap. Dust is a byproduct of many processes in the fabricating 
areas and therefore should be absorbed through a vacuum system to avoid 
accumulation on roof tops and onto the ground. Tracking of metal dusts 
and metal fines outdoors may be minimized by employing these management 
practices: sweep on a regular basis all accessible paved areas; 
maintain floors in a clean and dry condition; remove waste and dispose 
of regularly; remove obsolete equipment expeditiously; sweep 
fabrication areas; and train employees on good housekeeping measures.
    (2) Storage Areas for Raw Metal. The storage of raw materials 
should be under a covered area whenever possible and protected from 
contact with the ground. The amount of material stored should be 
minimized to avoid corrosive activity from long-term exposed materials. 
Diking or berming the area to prevent or minimize runon may be 
considered. Long-term exposure to weather conditions results in 
oxidation of the metals. Also, dirt, oil, and grease buildup on the 
metal are potential sources of pollutants. The following measures 
should be considered: check raw metals for corrosion; keep area neat 
and orderly, stack neatly on pallets or off the ground; and cover 
exposed materials.
    (3) Receiving, Unloading, and Loading Areas. These areas should be 
enclosed where feasible using either curbing, berming, diking or other 
accepted containment systems in case of spills during delivery of 
chemicals such as lubricants, coolants, rust preventatives, solvents, 
oil, sodium hydroxide, hydrochloric acid, calcium chloride, polymers, 
sulfuric acid, and other chemicals used in the metal fabricating 
processes. Directing roof down spouts away from loading sites and 
equipment and onto grassy or vegetated areas should help prevent storm 
water contamination by pollutants that have accumulated in these areas. 
The following measures should be considered: clean up spills 
immediately; check for leaks and remedy problems regularly; and unload 
under covered areas when possible.
    (4) Storage of Heavy Equipment. Vehicles should be stored indoors 
when possible. If stored outdoors the use of gravel, concrete or other 
porous surfaces should be considered to minimize or prevent heavy 
equipment from creating ditches or other conveyances that would 

[[Page 51052]]
cause sedimentation runoff and increase TSS loadings. Also directing 
the flow toward the area by the use of grass swales or filter strips 
will reduce the runoff of materials. Directing drainage systems away 
from high traffic areas into collection systems will help to reduce the 
TSS loadings caused by exposed and eroding open areas. The following 
measures should be considered: clean prior to storage or store under 
cover; store indoors; and divert drainage to the grass swales, filter 
strips, retention ponds, or holding tanks.
    (5) Metal Working Fluid Areas. Due to the toxicity of metal working 
fluids as well as the contamination of fluids by metal fines and dusts, 
spillage and loss of metal working fluids used to cleanse or prepare 
the steel components should be controlled throughout the process. 
Collection systems and storage areas need special consideration. The 
following measures should be considered: store used metal working fluid 
with fine metal dust indoors; use tight sealing lids on all fluid 
containers; use straw, clay absorbents, sawdust, or synthetic 
absorbents to confine or contain any spills, or other absorbent 
material; and establish recycling programs for used fluids when 
possible.
    (6) Unprotected Liquid Storage Tanks. Storing these tanks (this 
does not include products that are gaseous at atmospheric pressure) 
indoors will reduce potential waste or spills from contaminating storm 
water. Berming outdoor areas when unable to store inside will contain 
potential pollutants. Cleaning up spills is essential to minimizing 
buildup in these areas. EPA believes that this will significantly 
reduce the potential for major discharges into the water of the United 
States during storm runoff. The following measures should be 
considered: cover all tanks whenever possible; berm tanks whenever 
possible; dike area or install grass filters to contain spills; keep 
area clean; and check piping, valves and other related equipment on a 
regular basis.
    (7) Chemical Cleaners and Rinse Water. Proper disposal and use of 
cleaners in various activities will minimize the amount of liquid 
exposed to storm water by reducing the need to store contaminated 
liquids for an extended period of time. Controlling potential 
contamination of pollutants by employing simple control devices during 
the activity will prevent potential contamination in storm water 
runoff. Recycling or reuse of these materials whenever possible serves 
as a source reduction by reducing the necessary amount of new 
materials. The following measures should be considered: use drip pans 
and other spill devices to collect spills or solvents and other liquid 
cleaners; recycle waste water; store recyclable waste indoors or in 
covered containers; and substitute nontoxic cleaning agents when 
possible.
    (8) Raw Steel Collection Areas. The collection areas must be kept 
clean. Materials should be kept in a covered storage bin or kept inside 
until pickup. The use of pitched-structures should be considered. The 
following measures should be considered: collect scrap metals, fines, 
iron dust and store under cover and recycle.
    (9) Paints and Painting Equipment. Facilities using tarps, drip 
pans, or other spill collection devices to contain and collect spills 
of paints, solvents or other liquid material. Blasting in windy weather 
increases the potential for runoff. Enclosing outdoor sanding areas 
with tarps or plastic sheeting contains the metal fines. Immediate 
collection of any waste and proper disposal may significantly 
contribute to the reduction of storm water runoff. Training employees 
to use the spray equipment properly may reduce waste and decrease the 
likelihood of accidents, as well as, reduce the amount of solvents 
needed to complete the job. The following measures should be 
considered: paint and sand indoors when possible; avoid painting and 
sandblasting operations outdoors in windy weather conditions; if done 
outside, enclose sanding and painting areas with tarps or plastic 
sheeting; and use water-based paints when possible.
    (10) Vehicle and Equipment Maintenance Areas. Changing fluids or 
parts should be done indoors when possible. If maintenance is performed 
outdoors, fluids used in maintaining these vehicles should be contained 
in the area by using drip pans, large plastic sheets, canvas or other 
similar controls under the vehicles, or berming the area. Hydraulic 
fluids should be properly stored to prevent leakage and storm water 
contamination. The following measures should be considered: berm area 
or use other containment device to control spills; use drip pans, 
plastic sheeting and other similar controls; and discard fluids 
properly or recycle if possible.
    (11) Hazardous Waste Storage Areas. All hazardous waste must be 
stored in sealed drums. Establishing centralized drum-storage satellite 
areas throughout the complex to store these materials will decrease the 
potential for mishandling drums. Berming the enclosed structures is 
added protection in case of spills. Spills or leaks that are contained 
within an area are easier to contain and prevent storm water 
contamination or runoff. Checks for corrosion and leakage of storage 
containers is important. Proper labeling for proper handling should be 
considered. All other applicable Federal, State, and local regulations 
must be followed. The following measures should be considered: store 
indoors; label materials clearly; check for corrosion and leaking; 
properly dispose of outdated materials; dike or use grass swales, 
ditches or other containment to prevent runon or runoff in case of 
spills; post notices prohibiting dumping of materials into storm 
drains; store containers, drums, and bags away from direct traffic 
routes; do not stack containers in such a way as to cause leaks or 
damage to the containers; use pallets to store containers when 
possible; store materials with adequate space for traffic without 
disturbing drums; maintain low inventory level of chemicals based on 
need.
    (12) Transporting Chemicals to Storage Areas. Proper handling of 
drums is needed to avoid damaging drums causing leaks. Storage areas 
should be as close as possible to operational buildings. The following 
measures should be considered: forklift operators should be trained to 
avoid puncturing drums; store drums as close to operational building as 
possible; and label all drums with proper warning and handling 
instructions.
    (13) Finished Products (Galvanized) Storage. Improper storage of 
finished products can contribute pollutants to storm water discharges. 
Materials should be stored in such a way to minimize contact with 
precipitation and runoff. The following measures should be considered: 
store finished products indoors, on a wooden pallets concrete pad, 
gravel surface, or other impervious surface.
    (14) Wooden Pallets and Empty Drums. The following measures should 
be considered: clean contaminated wooden pallets; cover empty drums; 
cover contaminated wooden pallets; store drums and pallets indoors; 
clean empty drums; and store pallets and drums on concrete pads.
    (15) Retention Ponds (Lagoon). Creating and maintaining retention 
ponds as a treatment system for settling out TSS would help to reduce 
the concentrations of these pollutants in storm water runoff. The 
following measures should be considered: provide routine maintenance; 
remove excess sludge periodically; and aerate periodically to maintain 
pond's aerobic character and ecological balance.
    b. Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope 

[[Page 51053]]
and content of 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 this section. Comprehensive site compliance evaluations 
should be conducted at least once a year. The individual or individuals 
that will conduct the evaluations must be identified in the plan and 
should be members of the pollution prevention team. Evaluation reports 
must be retained for at least 3 years after the date of the evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, and never more than 12 weeks after completion of the 
evaluation.
7. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of today's permit.
8. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. EPA believes that fabricated 
metal and processing facilities may reduce the level of pollutants in 
storm water runoff from their sites through the development and proper 
implementation of the storm water pollution prevention plan 
requirements discussed in today's final permit. In order to provide a 
tool for evaluating the effectiveness of the pollution prevention plan 
and to characterize the discharge for potential environmental impacts, 
Tables AA-5 and AA-6 list the pollutants that fabricated metal products 
except coating and fabricated metal coating and engraving facilities 
are required to analyze for in their storm water discharges in 
accordance with the activities onsite. The pollutants listed in Tables 
AA-5 and AA-6 were found to be above levels of concern for a 
significant portion of fabricating facilities that submitted 
quantitative data in the group application process. Because these 
pollutants have been reported at levels of concern from fabricated 
metal and processing facilities, EPA is requiring monitoring after the 
pollution prevention plan has been implemented to assess the 
effectiveness of the pollution prevention plan and to help ensure that 
a reduction of pollutants is realized.
    Permittees can exercise the alternative certification on a 
pollutant-by-pollutant basis as described under Section 8.b. If there 
are any pollutant(s) for which the facility is unable to certify to no 
exposure the facility must, at a minimum, monitor storm water 
discharges on a quarterly basis during the second year of permit 
coverage. Samples must be collected at least once in each of the 
following periods: January through March; April through June; July 
through September; and October through December. At the end of the 
second year of permit coverage, a facility must calculate the average 
concentration for each parameter listed in the applicable table (Table 
AA-5 or Table AA-6). If the permittee collects more than four samples 
in this period, then they must calculate an average concentration for 
each pollutant of concern for all samples analyzed.

   Table AA-5.--Monitoring Requirements for Fabricated Metal Products   
                             Except Coating                             
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Iron................................  1.0 mg/L.       
Total Recoverable Zinc................................  0.065 mg/L.     
Total Recoverable Aluminum............................  0.75 mg/L.      
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L.      
------------------------------------------------------------------------


  Table AA-6.--Monitoring Requirements for Fabricated Metal Coating and 
                                Engraving                               
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Zinc................................  0.065 mg/L.     
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L.      
------------------------------------------------------------------------

    If the average concentration for a parameter is less than or equal 
to the appropriate cut-off concentration, then the permittee is not 
required to conduct quantitative analysis for that parameter during the 
fourth year of the permit. If, however, the average concentration for a 
parameter is greater than the cut-off concentration listed in Table AA-
5 or Table AA-6, then the permittee is required to conduct quarterly 
monitoring for that parameter during the fourth year of permit 
coverage. Monitoring is not required during the first, third, and fifth 
year of the permit. The exclusion from monitoring in the fourth year of 
the permit is conditional on the facility maintaining industrial 
operations and BMPs that will ensure a quality of storm water 
discharges consistent with the average concentrations recorded during 
the second year of the permit.

                   Table AA-7.--Schedule of Monitoring                  
                                                                        
                                                                        
2nd Year of Permit Coverage......   Conduct quarterly           
                                    monitoring.                         
                                    Calculate the average       
                                    concentration for all parameters    
                                    analyzed during this period.        
                                    If average concentration is 
                                    greater than the value listed in    
                                    Tables AA-5 or AA-6, then quarterly 
                                    sampling is required during the     
                                    fourth year of the permit.          
                                    If average concentration is 
                                    less than or equal to the value     
                                    listed in Tables AA-5 or AA-6, then 
                                    no further sampling is required for 
                                    that parameter.                     
4th Year of Permit Coverage......   Conduct quarterly monitoring
                                    for any parameter where the average 
                                    concentration in year 2 of the      
                                    permit is greater than the value    
                                    listed in Tables AA-5 or AA-6.      
                                    If industrial activities or 
                                    the pollution prevention plan have  
                                    been altered such that storm water  
                                    discharges may be adversely         
                                    affected, quarterly monitoring is   
                                    required for all parameters of      
                                    concern.                            

    In cases where the average concentration of a parameter exceeds the 
cut-off concentration, EPA expects permittees to place special emphasis 
on methods for reducing the presence of those parameters in storm water 
discharges. Quarterly monitoring in the fourth year of the permit will 
reassess the effectiveness of the adjusted pollution prevention plan.
    The monitoring cut off concentrations listed in Tables AA-5and AA-6 
are not numerical effluent limitations. These values represent a level 
of pollutant discharge which facilities may achieve through the 
implementation of pollution prevention plans. At least half of the 
facilities which submitted Part 2 data, reported concentrations greater 
than or 

[[Page 51054]]
equal to the values listed in the applicable table (Tables AA-5 or AA-
6). Facilities that achieve average discharge concentrations which are 
less than or equal to the appropriate cut-off concentration values are 
not relieved from the pollution prevention plan requirements or any 
other requirements of the permit.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly chemical sampling.
    b. Alternative Certification. Throughout today's permit, EPA has 
included monitoring requirements for facilities which the Agency 
believes have the potential for contributing significant levels of 
pollutants to storm water discharges. The alternative described below 
is necessary to ensure that monitoring requirements are only imposed on 
those facilities that do, in fact, have storm water discharges 
containing pollutants at concentrations of concern. EPA has determined 
that if materials and activities are not exposed to storm water at the 
site, then the potential for pollutants to contaminate storm water 
discharges does not warrant monitoring.
    Therefore, a discharger is not subject to the monitoring 
requirements of this Part provided the discharger makes a certification 
for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
monitoring described in Tables AA-5 and AA-6, under penalty of law, 
signed in accordance with Part VII.G. (Signatory Requirements), that 
material handling equipment or activities, raw materials, intermediate 
products, final products, waste materials, by-products, industrial 
machinery or operations, significant materials from past industrial 
activity that are located in areas of the facility that are within the 
drainage area of the outfall are not presently exposed to storm water 
and will not be exposed to storm water for the certification period. 
Such certification must be retained in the storm water pollution 
prevention plan and submitted to EPA. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph c below. If 
the permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations. EPA does 
not expect facilities to be able to exercise this certification for 
indicator parameters, such as TSS and BOD.
    c. Reporting Requirements. Permittees are required to submit all 
monitoring results obtained during the second and fourth year of permit 
coverage within 3 months of the conclusion of each year. For each 
outfall, one signed Discharge Monitoring Report Form must be submitted 
per storm event sampled. For facilities conducting monitoring beyond 
the minimum quarterly requirements an additional Discharge Monitoring 
Report Form must be filed for each analysis.
    d. Sample Type. All discharge data shall be reported for grab 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. The required 
72-hour storm event interval is waived where the preceding measurable 
storm event did not result in a measurable discharge from the facility. 
The required 72-hour storm event interval may also be waived where the 
permittee documents that less than a 72-hour interval is representative 
for local storm events during the season when sampling is being 
conducted. The grab sample shall be taken during the first 30 minutes 
of the discharge. If the collection of a grab sample during the first 
30 minutes is impracticable, a grab sample can be taken during the 
first hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    If storm water discharges associated with industrial activity 
commingle with process or non-process water, then where practicable 
permittees must attempt to sample the storm water discharge before it 
mixes with the non-storm water discharge.
    e. Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluent. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
visual examinations of storm water discharges from each outfall are 
required at fabricated metal products facilities. The examinations must 
be of a grab sample collected from each storm water outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, clarity, floating solids, settled solids, suspended 
solids, foam, oil sheen, or other obvious indicators of storm water 
pollution. The examinations must be conducted in a well lit area. No 
analytical tests are required to be performed on these samples.
    The examination must be made at least once in each of the following 
periods during daylight, unless there is insufficient rainfall or snow-
melt to runoff: January through March; April through June; July through 
September; and October through December. Where practicable, the same 
individual should carry out the collection and examination of 
discharges throughout the life of the permit to ensure the greatest 
degree of consistency possible. Grab samples shall be collected within 
the first 30 minutes (or as soon thereafter as practical, but not to 
exceed 60 minutes) of when the runoff begins discharging. Reports of 
the visual examination include: the examination date and time, 
examination personnel, visual quality of the storm water discharge, and 
probable sources of any observed storm water contamination. The visual 
examination reports must be maintained onsite with the pollution 
prevention plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.). 

[[Page 51055]]

    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will allow the 
permittee to approximate the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the examinations. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.

AB. Storm Water Discharges Associated With Industrial Activity From 
Facilities That Manufacture Transportation Equipment, Industrial, or 
Commercial Machinery

1. Industry Profile
    On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
definition of ``storm water discharge associated with industrial 
activity.'' This definition includes point source discharges of storm 
water from eleven categories of facilities, including ``* * * (xi) 
facilities classified as Standard Industrial Classification (SIC) codes 
* * * 35 (except SIC 357), 37 (except SIC 373), * * *'' Facilities 
eligible for coverage under this section of today's permit include the 
following manufacturing facilities: engines and turbines (SIC Code 
351); farm and garden machinery and equipment (SIC Code 352); 
construction, mining, and materials handling machinery and equipment 
(SIC Code 353); metalworking machinery and equipment (SIC Code 354); 
special industry machinery, except metalworking machinery (SIC Code 
355); general industrial machinery and equipment (SIC Code 356); 
refrigeration and service industry machinery (SIC Code 358); 
miscellaneous industrial and commercial machinery and equipment (SIC 
Code 359); motor vehicles and motor vehicle equipment (SIC Code 371); 
aircraft and parts (SIC Code 372); motorcycles, bicycles, and parts 
(SIC Code 375); guided missiles and space vehicles and parts (SIC Code 
376); and miscellaneous transportation equipment (SIC Code 379).
    This section establishes special conditions for storm water 
discharges associated with industrial activities at facilities which 
manufacture transportation equipment, industrial or commercial 
machinery. The SIC codes of these facilities are in category (xi) of 
the definition of storm water discharges associated with industrial 
activity. Storm water discharges from facilities in this category are 
only regulated where precipitation or storm water runon come into 
contact with areas associated with industrial activities, and 
significant materials. Significant materials include, but are not 
limited to, raw materials, waste products, fuels, finished products, 
intermediate products, by-products, and other materials associated with 
industrial activities.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    There are approximately 14,000 facilities which handle and process 
ferrous and nonferrous metals to manufacture transportation equipment, 
industrial or commercial machinery. These facilities vary in size, age, 
number of employees and the types of operations performed. The 
manufacturing processes for these facilities are similar, although the 
finished products may vary. The general manufacturing process is 
conducted indoors, and includes activities such as cutting, shaping, 
grinding, cleaning, coating, forming, and finishing. Specific processes 
are referred to as ``unit operations,'' and there are approximately 45 
unit operations utilized by facilities that manufacture transportation 
equipment, industrial, or commercial machinery. Since these operations 
occur predominately indoors, contamination of storm water discharges 
from the manufacturing process is unlikely. Unit operations include the 
following: electroplating, electroless plating, anodizing, chemical 
conversion coating, etching and chemical milling, cleaning, machining, 
grinding, polishing, barrel finishing, burnishing, impact deformation, 
pressure deformation, shearing, heat treating, thermal cutting, 
welding, brazing, soldering, flame spraying, sand blasting, abrasive 
jet machining, electrical discharge machining, electrochemical 
machining, electron beam machining, laser beam machining, plasma arc 
machining, ultrasonic machining, sintering, laminating, hot dip 
coating, sputtering, vapor plating, thermal infusion, salt bath 
descaling, solvent degreasing, paint stripping, painting, electrostatic 
painting, electropainting, vacuum metalizing, assembly, calibration, 
testing, and mechanical plating.
    Facilities which manufacture transportation equipment, industrial 
and commercial machinery will utilize many of the same unit operations 
listed above. Aside from the specific unit operations, other types of 
industrial activity are shared by facilities covered by this section. 
For example, the majority of these facilities have outdoor material 
handling and storage activities, and share the same types of raw, 
scrap, and waste materials.
    The primary raw materials utilized by this industry group include 
ferrous and nonferrous metals, such as aluminum, copper, iron, steel 
and alloys of these metals; either in raw form or as intermediate 
products. These metals are typically received at loading/unloading 
docks and are taken to outdoor storage areas (e.g., stockpiles, holding 
bins) before manufacturing.
    Besides metals, other raw materials are utilized in the 
manufacturing process. These materials include paints, solvents (e.g., 
paint thinners, degreasers), chemicals (e.g., acids, bases, liquid 
gases), fuels (e.g., gasoline and diesel fuel), lubricating and cutting 
oils, and plastics. These materials are typically stored in bins, 
tanks, and/or 55 gallon drums outdoors on wooden pallets or concrete 
pads. They are used during the unit operations to cool and lubricate 
the metals (oils), clean metal parts (solvents, acids, bases), and coat 
metal parts before shipment (plastics, paints). Intermediate products 
are also sometimes stored outdoors before shipment or further 
manufacturing. 

[[Page 51056]]
These products may have residues of oils, solvents and metal particles, 
which are potential sources of pollutants to storm water discharges. 
Similarly, scrap metal will have the same residues, and is almost 
always stored outdoors in bins before being sold to scrap metal 
recyclers.
    The manufacturing process produces several types of hazardous and 
nonhazardous wastes. Hazardous wastes including paint wastes, solvent 
wastes, and sludge wastes are generated in small quantities at the 
facilities within this industrial group. Paint wastes result from 
painting operations and consist of paints and paint thinners. Solvent 
wastes result from metal cutting, shaping, and cleaning operations. As 
the metals are manufactured into different parts and treated with 
various chemicals, the different assembly parts must be cleaned with 
solvents to remove any chemical residues and rinsed with water. The 
metal parts are subject to more cleaning with detergents to remove the 
solvents and chemical residues and rinsed again with water to remove 
the detergents. Sludge wastes are generated when wastewater discharges 
from painting, plating, finishing and parts cleaning operations are 
treated, and is generally shipped offsite for disposal. Hazardous 
wastes are stored in 55 gallon drums outdoors before shipment and may 
be exposed to storm water discharges.
    Nonhazardous wastes from this industry group include glass, tires, 
used wooden pallets, used equipment and machinery, as well as plastics 
and rubber wastes. All of these waste materials are stored outdoors and 
have the potential to pollute storm water discharges. Storm water 
runoff from these materials could include solids, oils, solvents and 
other pollutants generated in the manufacturing process.
    Air emissions from stacks and ventilation systems are potential 
areas for exposure of materials to storm water discharges. Facilities 
which have high levels of engine exhaust from the manufacturing 
equipment, paint residue, and particulates in fumes from metal 
processing activities such as cutting, grinding, shaping, and welding, 
are subject to having particulate in the air emissions that may pollute 
storm water discharges.
    Material handling activities such as loading and unloading areas 
may be exposed to storm water discharges. These are areas where 
significant materials are received and shipped at the facilities. 
Exposure of these materials to storm water may be minimized by having 
shipping/receiving areas under cover.
    For those facilities engaged in fueling and vehicle maintenance, 
gasoline and diesel fuel are frequently stored outdoors in aboveground 
storage tanks and 55 gallon drums. Most vehicles and equipment also 
require oil, hydraulic fluids, antifreeze, and other fluids that may 
leak and contaminate storm water discharges. The discharges from these 
areas are addressed elsewhere in today's permit.
2. Pollutants Found in Storm Water Discharges From Facilities Which 
Manufacture Transportation Equipment, Industrial or Commercial 
Machinery
    The impact of industrial activities at facilities which manufacture 
transportation equipment, industrial or commercial machinery on storm 
water discharges will vary. Factors at a site which influence the water 
quality include geographic location, hydrogeology, the industrial 
activities exposed to storm water discharges, the facility's size, the 
types of pollution prevention measures/best management practices in 
place, and the type, duration, and intensity of storm events. Taken 
together or separately, these factors determine how polluted the storm 
water discharges will be at a given facility. For example, scrap piles 
may be a significant source of pollutants at some facilities, while 
particulate stack emissions may be the primary pollutant source at 
others. Additionally, pollutant sources other than storm water, such as 
illicit connections, spills, and other improperly dumped materials, may 
increase the pollutant loading discharged into Waters of the United 
States.
    Table AB-1 lists industrial activities that commonly occur at 
transportation equipment, industrial or commercial machinery 
manufacturers, the pollutant sources at these facilities, and 
pollutants that are associated with these activities. Table AB-1 
identifies oil and grease, TSS, organics, and other parameters as 
potential pollutants associated with facilities covered by this 
section.

     Table AB-1.--Description of Industrial Activities, Potential Pollutant Sources, and Possible Pollutants    
----------------------------------------------------------------------------------------------------------------
           Activity                         Pollutant source                            Pollutants              
----------------------------------------------------------------------------------------------------------------
Outdoor Material Loading/       Wooden pallets, castings, foundry sand,  TSS, turbidity, dust, oil and grease,  
 Unloading.                      limestone, spills/leaks from material    organics.                             
                                 handling equipment, solvents.                                                  
Outdoor Material and Equipment  Foundry sand, limestone, used            TSS, turbidity, dust, oil and grease,  
 Storage.                        equipment, above ground tanks, scrap     heavy metals, and organics.           
                                 metal, oil and grease, raw materials                                           
                                 (e.g., aluminum, steel, iron, copper),                                         
                                 castings, solvents, acids, and paints.                                         
----------------------------------------------------------------------------------------------------------------
Source: NPDES Storm Water Group Applications--Part 1. Received by EPA, March 18, 1991 through December 31, 1992.

    Based on the similarities of the facilities included in this sector 
in terms of industrial activities and significant materials, EPA 
believes it is appropriate to discuss the potential pollutants at 
industrial and commercial machinery and transportation equipment 
manufacturing facilities as a whole and not subdivide this sector. 
Therefore, Table AB-2 lists data for selected parameters from 
facilities in the industrial and commercial machinery and 
transportation equipment manufacturing sector. These data include the 
eight pollutants that all facilities were required to monitor for under 
Form 2F, as well as any additional pollutants with median 
concentrations higher than the benchmarks.

                                                                                                                

[[Page 51057]]
 Table AB-2.--Statistics for Selected Pollutants Reported by Industrial and Commercial Machinery and Transportation Equipment Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of        No. of samples          Mean               Minimum              Maximum              Median          95th percentile      99th percentile  
                                     facilities    ---------------------------------------------------------------------------------------------------------------------------------------------
      Pollutant Sample type      ------------------                                                                                                                                             
                                    Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp      Grab      Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5............................      118      113      207      199    12.5       7.32      0.0       0.0      513.0      226.0        6.0       5.0     33.3      23.10      63.8       43.90 
COD.............................      119      114      204      194    68.2      47.20      0.0       0.0      940.0      610.0       37.6      30.50   228.9     142.4      469.7      261.9  
Nitrate + Nitrite Nitrogen......      119      113      206      193     1.13      1.20      0.00      0.0       19.20      28.0        0.58      0.46     4.00      3.74       8.79       8.43 
Total Kjeldahl Nitrogen.........      118      113      204      194     2.30      1.68      0.00      0.0       55.00      30.0        1.30      1.00     6.57      4.57      12.68       8.11 
Oil & Grease....................      122      N/A      213      N/A     7.1     N/A         0.0     N/A        223.0      N/A          0.0     N/A       28.1     N/A         92.6      N/A    
pH..............................      113      N/A      201      N/A   N/A       N/A         4.1     N/A          9.1      N/A          7.1     N/A        8.6     N/A          9.5      N/A    
Total Phosphorus................      120      115      206      198     0.50      0.48      0.00      0.00      42.00      19.0        0.15      0.13     1.21      1.17       2.70       2.66 
Total Suspended Solids..........      117      112      203      194   153        97         0         0       6453       3600         30        19      507       339       1501       1022    
Zinc, Total.....................       61       57      109      103     0.515     0.354     0.000     0.000      8.800      9.000      0.21      0.14     2.070     1.836      5.443      5.297
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as nondetect or below detection limit  
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           


3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act (Best Available Technology (BAT) and 
Best Conventional Technology). The Agency does not believe that it is 
appropriate to establish specific numeric effluent limitations or a 
specific design or performance standard in this sections for storm 
water discharges associated with industrial activity from facilities 
which manufacture transportation equipment, industrial or commercial 
machinery to meet BAT/BCT standards of the Clean Water Act. Instead, 
this section establishes requirements for the development and 
implementation of site-specific storm water pollution prevention plans 
consisting of a set of Best Management Practices (BMPs) that are 
sufficiently flexible to address different sources of pollutants at 
different sites.
    Certain BMPs are implemented to prevent and/or minimize exposure of 
pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges. The types of BMPs implemented will depend on the type of 
discharge, types and concentrations of contaminants, and the volume of 
the flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type, and volume of contaminated 
storm water discharges will differ. In addition, the fate and transport 
of pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with transportation equipment, industrial or commercial 
machinery manufacturers.
    Part 1 group application data indicate that BMPs have not been 
widely implemented at the representative sampling facilities. Less than 
25 percent of the sampling subgroup reported that they store some 
materials indoors; less than 10 percent cover loading areas, dumpsters, 
drums, or above ground tanks; less than 5 percent of the representative 
facilities utilize waste minimization practices (e.g., recycling or 
reusing materials).101 Because BMPs described in part 1 data are 
limited, the following table is provided to identify BMPs that should 
be considered at facilities which manufacture transportation equipment, 
industrial or commercial machinery.

    \101\ These percentages were based on the information reported 
in the Part 1 group applications. However, some facilities which 
utilize these BMPs as part of their daily activities may not 
recognize these practices as BMPs and as a result did not report 
this information in their applications.

 Table AB-3.--General Storm Water BMPs for Facilities Which Manufacture 
      Transportation Equipment, Industrial, or Commercial Machinery     
------------------------------------------------------------------------
         Activity                 Best management practices (BMPs)      
------------------------------------------------------------------------
Outdoor Unloading and      Confine loading/unloading activities to a    
 Loading.                   designated area.                            
                           Consider performing loading/unloading        
                            activities indoors or in a covered area.    
                           Consider covering loading/unloading area with
                            permanent cover (e.g., roofs) or temporary  
                            cover (e.g., tarps).                        
                           Close storm drains during loading/unloading  
                            activities in surrounding areas.            
                           Avoid loading/unloading materials in the     
                            rain.                                       
                           Inspect the unloading/loading areas to detect
                            problems before they occur.                 
                           Inspect all containers prior to loading/     
                            unloading of any raw or spent materials.    
                           Consider berming, curbing, or diking loading/
                            unloading areas.                            
                           Use dry clean-up methods instead of washing  
                            the areas down.                             
                           Train employees on proper loading/unloading  
                            techniques.                                 
Outdoor Material Storage   Confine storage of materials, parts, and     
 (including waste, and      equipment to designated areas.              
 particulate emission                                                   
 management).                                                           

[[Page 51058]]
                                                                        
                           Consider curbing, berming, or diking all     
                            liquid storage areas.                       
                           Train employees on proper waste control and  
                            disposal.                                   
                           Consider covering tanks.                     
                           Ensure that all containers are closed (e.g., 
                            valves shut, lids sealed, caps closed).     
                           Wash and rinse containers indoors before     
                            storing them outdoors.                      
                           If outside or in covered areas, minimize     
                            runon of storm water by grading the land to 
                            divert flow away from containers.           
                           Inventory all raw and spent materials.       
                           Clean around vents and stacks.               
                           Place tubs around vents and stacks to collect
                            particulate.                                
                           Inspect air emission control systems (e.g.,  
                            baghouses) regularly, and repair or replace 
                            when necessary.                             
                           Store wastes in covered, leak proof          
                            containers (e.g., dumpsters, drums).        
                           Consider shipping all wastes to offsite      
                            landfills or treatment facilities.          
                           Ensure hazardous waste disposal practices are
                            performed in accordance with Federal, State,
                            and local requirements.                     
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
  March 18, 1991 through December 31, 1992.                             
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities: Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             


4. Special Conditions
    There are no additional requirements under this section other than 
those stated in Part III of today's permit .
5. Storm Water Pollution Prevention Plan Requirements
    EPA believes that pollution prevention is the most effective 
approach for controlling contaminated storm water discharges from 
facilities which manufacture transportation equipment, industrial or 
commercial machinery. The requirements included in the pollution 
prevention plans provide a flexible framework for the development and 
implementation of site-specific controls to minimize the pollutants in 
storm water discharges. This flexibility is necessary because each 
facility is unique in that the source, type, and volume of contaminated 
storm water discharge will vary from site to site.
    Under today's permit, all facilities must prepare and implement a 
storm water pollution prevention plan. The pollution prevention plan 
requirement reflects EPA's decision to allow operators of 
transportation equipment, industrial or commercial machinery 
manufacturing facilities to utilize BMPs as the BAT/BCT level of 
control for the storm water discharges covered by this section.
    There are two major objectives of a pollution prevention plan: 1) 
to identify sources of pollution potentially affecting the quality of 
storm water discharges associated with industrial activity from a 
facility; and 2) to describe and ensure implementation of practices to 
minimize and control pollutants in storm water discharges associated 
with industrial activity from a facility.
    Specific requirements for a pollution prevention plan for 
transportation equipment, industrial or commercial machinery 
manufacturing facilities are described below. These requirements must 
be implemented in addition to the common pollution prevention plan 
provisions discussed in section VI.C. of today's fact sheet.
    a. Contents of the Plan. Storm water pollution prevention plans are 
intended to aid operators of transportation equipment, industrial or 
commercial machinery manufacturing facilities to evaluate all potential 
prevention sources at a site, and assist in the selection and 
implementation of appropriate measures designed to prevent, or control, 
the discharge of pollutants in storm water runoff. EPA has developed 
guidance entitled ``Storm Water Management for Industrial Activities: 
Developing Pollution Prevention Plans and Best Management Practices,'' 
EPA, 1992, (EPA 832-R-92-006) to assist permittees in developing and 
implementing pollution prevention measures.
    (1) Description of Potential Pollutant Sources. Each storm water 
pollution prevention plan must describe activities, materials, and 
physical features of the facility that may contribute pollutants to 
storm water runoff or, during periods of dry weather, result in dry 
weather flows. This assessment of potential storm water pollutant 
source 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. Plans must describe 
the following elements:
    (a) Site Map--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural and nonstructural 
features that control pollutants in storm water runoff and process 
wastewater discharges, surface water bodies (including wetlands), 
places where significant materials 102 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 must also indicate the 
direction of storm water flow. An outline of the drainage area for each 
outfall must be provided; and the location of each outfall and 
monitoring points must be indicated. An estimate of the total site 
acreage utilized for each industrial activity (e.g., storage of raw 
materials, waste materials, and used equipment) must be provided. These 
areas include liquid storage tanks, stockpiles, holding bins, used 
equipment, and empty drum storage. 

[[Page 51059]]
These areas are considered to be significant potential sources of 
pollutants at facilities which manufacture transportation equipment, 
industrial or commercial machinery. The site map must also indicate the 
outfall locations and the types of discharges contained in the drainage 
areas of the outfalls (e.g. storm water and air conditioner 
condensate). 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.

    \102\ Significant materials include, ``* * * but [are] not 
limited to: raw materials, fuels, materials such as solvents, 
detergents, and plastic pellets; finished materials such as metallic 
products; * * * hazardous substances designated under section 
101(14) of CERCLA; any Chemical facilities are required to report 
pursuant to section 313 of Title III of SARA; fertilizers; 
pesticides; and waste products such as ashes, slag, and sludge that 
have the potential to be released with storm water discharge.'' (40 
CFR 122.26(b)(12)). Significant materials commonly found at 
transportation equipment, industrial or commercial machinery 
manufacturing facilities include raw and scrap metals; solvents; 
used equipment; petroleum based products; waste materials or by-
products used or created by the facility.
---------------------------------------------------------------------------

    (b) Inventory of Exposed Materials--Facility operators are required 
to carefully conduct an inspection of the site to identify significant 
materials that are or may be exposed to storm water discharges. 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 precipitation and runoff; existing structural and nonstructural 
controls that reduce pollutants in storm water; existing structural 
controls that limit process wastewater discharges; and any treatment 
the runoff receives before it is discharged to surface waters or 
through a separate storm sewer system. The description must be updated 
whenever there is a significant change in the type 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 reportable quantities under Section 311 of CWA 
(see 40 CFR Section 110.10 and Section 117.21) or Section 102 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) (see 40 CFR Section 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.
    (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, 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. 
Pollution prevention plans must identify and ensure the implementation 
of appropriate pollution prevention measures for any non-storm water 
discharges.
    (e) Sampling Data--Any existing data describing the quality or 
quantity of storm water discharges from the facility must be summarized 
in the plan. 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 pollutant sources 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: raw materials (liquid storage tanks, stockpiles, 
holding bins), waste materials (empty drum storage), and used equipment 
storage areas. The assessment must list any significant pollutant 
parameter(s) (i.e., total suspended solids, oil and grease, etc.) 
associated with each source.
    (2) Measures and Controls. Permittees must select, describe, and 
evaluate the pollution prevention measures, BMPs, and other controls 
that will be implemented at the facility. Source reduction measures 
include preventive maintenance, spill prevention, good housekeeping, 
training, and proper materials management. If source reduction is not 
an option, EPA supports the use of source control measures. These 
include BMPs such as material covering, water diversion, and dust 
control. If source reduction or source control are not available, then 
recycling or waste treatment are other alternatives. Recycling allows 
the reuse of storm water, while treatment lowers pollutant 
concentrations prior to discharge. Since the majority of transportation 
equipment, industrial or commercial machinery manufacturing occurs 
indoors, the BMPs identified above are geared towards only those 
activities occurring outdoors or otherwise have a potential to 
contribute pollutants to storm water discharges.
    Pollution prevention plans must discuss the reasons each selected 
control or practice is appropriate for the facility and how each of the 
potential pollutant sources will be addressed. Plans must identify the 
time during which controls or practices will be implemented, as well 
the effect the controls or practices will have on storm water 
discharges from the site. At a minimum, the measures and controls must 
address the following components:
    (a) Good Housekeeping--Permittees must describe protocols 
established to reduce the possibility of mishandling chemicals or 
equipment and training employees in good housekeeping techniques. 
Specifics of this plan must be communicated to appropriate plant 
personnel.
    (b) Preventive Maintenance--Permittees are required to develop a 
preventive maintenance program that includes regular inspections and 
maintenance of storm water BMPs. Inspections should assess the 
effectiveness of the storm water pollution prevention plan. They allow 
facility personnel to monitor the components of the plan on a regular 
basis. The use of a checklist is encouraged, as it will ensure that all 
of the appropriate areas are inspected and provide documentation for 
recordkeeping purposes.
    (c) Spill Prevention and Response Procedures--Permittees are 
required to identify proper material handling procedures, storage 
requirements, containment or diversion equipment, and spill removal 
procedures to reduce exposure of spills to storm water discharges. 
Areas and activities which are high risks for spills at transportation 
equipment, industrial or commercial machinery manufacturing facilities 
include raw material unloading and product loading areas, material 
storage areas, and waste management areas. These activities and areas 
and their drainage points must be described in the plan.
    (d) Inspections--Qualified personnel must inspect designated 
equipment and areas of the facility at the proper intervals specified 
in the plan. The plan should identify areas which have the potential to 
pollute storm water for periodic inspections. Records of inspections 
must be maintained onsite.
    (e) Employee Training--Permittees must describe a program for 
informing and educating personnel at all levels of 

[[Page 51060]]
responsibility of the components and goals of the storm water pollution 
prevention plan. A schedule for conducting this training should be 
provided in the plan. Where appropriate, contractor personnel must also 
be trained in relevant aspects of storm water pollution prevention. 
Topics for employee training should include good housekeeping, 
materials management, and spill response procedures. 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--Permittees 
must describe procedures for developing and retaining records on the 
status and effectiveness of plan implementation. This includes the 
success and failure of BMPs implemented at the facility.
    (g) Sediment and Erosion Control--Permittees must identify areas, 
due to topography, activities, soils, cover materials, or other factors 
that have a high potential for soil erosion. Measures to eliminate 
erosion must be identified in the plan.
    (h) Management of Runoff--Permittees must provide an assessment of 
traditional storm water management practices that divert, infiltrate, 
reuse, or otherwise manage storm water so as to reduce the discharge of 
pollutants. Based on this assessment, practices to control runoff from 
these areas must be identified and implemented as required by the plan.
    (3) Comprehensive Site Compliance Evaluation. The storm water 
pollution prevention plan must describe the scope and content of 
comprehensive site inspections that qualified personnel will conduct 
to: (1) Confirm the accuracy of the description of potential sources 
contained in the plan, (2) determine the effectiveness of the plan, and 
(3) assess compliance with the terms and conditions of this section. 
Comprehensive site compliance evaluations must be conducted once a year 
for transportation equipment, industrial or commercial machinery 
manufacturing facilities. The individual(s) who will conduct the 
evaluations must be identified in the plan and should be members of the 
pollution prevention team. Evaluation reports must be retained for at 
least 3 years after the date of the evaluation.
    Based on the results of each evaluation, the description of 
potential pollution sources, and measures and controls, the plan must 
be revised as appropriate within 2 weeks after each evaluation. Changes 
in the measures and controls must be implemented on the site in a 
timely manner, never more than 12 weeks after completion of the 
evaluation.
6. Numeric Effluent Limitation
    There are no additional numeric effluent limitations under this 
section other than those included in part V.B of the permit.
7. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at facilities that manufacture transportation 
equipment, industrial, or commercial machinery. Based on a 
consideration of the BMPs typically used at these facilities, and 
generally low pollutant values from the application data, EPA believes 
that the pollution prevention plan with visual examinations of storm 
water discharges will help to ensure storm water contamination is 
minimized. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), 
EPA defined ``storm water discharge associated with industrial 
activity''. The focus of today's permit is to address the presence of 
pollutants that are associated with the industrial activities 
identified in this definition and that might be found in storm water 
discharges. Under the methodology for determining analytical monitoring 
requirements, described in section VI.E.1 of this fact sheet, zinc is 
above the bench mark concentrations for the industrial and commercial 
machinery and transportation equipment sector. After a review of the 
nature of industrial activities and the significant materials exposed 
to storm water described by facilities in this sector, EPA has 
determined that the higher concentrations of zinc are not likely to be 
caused by the industrial activity, but may be primarily due to non-
industrial activities on-site. Today's permit does not require 
industrial and commercial machinery and transportation equipment 
facilities to conduct analytical monitoring for this parameter. Because 
permittees are not required to conduct sampling, they will be able to 
focus their resources on developing and implementing the pollution 
prevention plan.
    Quarterly visual examinations of a storm water discharge from each 
outfall are required at transportation equipment, industrial, or 
commercial machinery manufacturing facilities. The examination must be 
of a grab sample collected from each storm water outfall. The 
examination of storm water grab samples shall include any observations 
of color, odor, turbidity, floating solids, foam, oil sheen, or other 
obvious indicators of storm water pollution. The examinations must be 
conducted in a well lit area. No analytical tests are required to be 
performed on these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. EPA expects that, whenever practicable, the same 
individual should carry out the collection and examination of 
discharges throughout the life of the permit to ensure the greatest 
degree of consistency possible. Examinations shall be conducted in each 
of the following periods for the purposes of inspecting storm water 
quality associated with storm water runoff and snow melt: January 
through March; April through June; July through September; October 
through December. Grab samples shall be collected within the first 30 
minutes (or as soon thereafter as practical, but not to exceed 1 hour) 
of when the runoff begins discharging. Reports of the visual include: 
the examination date and time, examination personnel, visual quality of 
the storm water discharge, and probable sources of any observed storm 
water contamination. The visual examination reports must be maintained 
onsite with the pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual examination will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective 

[[Page 51061]]
action must be implemented. A set of tracking or follow-up procedures 
must be used to ensure that appropriate actions are taken in response 
to the examinations. The visual examination is intended to be performed 
by members of the pollution prevention team. This hands-on examination 
will enhance the staff's understanding of the storm water problems on 
that site and the effects of the management practices that are included 
in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    As discussed above, EPA does not believe that chemical monitoring 
is necessary for facilities that manufacture transportation equipment, 
industrial, or commercial machinery. EPA believes that between 
quarterly visual examinations and site compliance evaluations potential 
sources of contaminants can be recognized, addressed, and then 
controlled with BMPs. In determining the monitoring requirements, EPA 
considered the nature of the industrial activities and significant 
materials exposed at these sites, and performed a review of data 
provided in Part 2 group applications.

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
    This sector covers storm water discharges associated with 
industrial activity from electronic and electrical equipment 
manufacturing facilities (SIC major group 36); measuring, analyzing, 
and controlling instruments, photographic, medical and optical goods, 
and watches and clocks manufacturing facilities (SIC major group 38); 
and computer and office equipment manufacturing facilities (SIC 357).
    More specifically, the group of electronic and electrical equipment 
and components manufacturers includes manufacturers of electricity 
distribution equipment such as transformers and switch-gear, electrical 
industrial equipment such as motors and generators, household 
appliances, electric lighting and wiring equipment such as light bulbs 
and lighting fixtures, and audio and video equipment including 
phonograph records and audio tapes and disks. Also included are 
manufacturers of communication equipment including telephone and 
telegraph equipment, radio and television equipment, electronic 
components such as printed circuit boards and semiconductors and 
related devices, and miscellaneous electrical items such as batteries 
and electrical equipment for automobiles.
    The group of analyzing, and controlling instruments, photographic, 
medical and optical goods, and watches and clocks manufacturers 
includes facilities which manufacture search, detection, navigation, or 
guidance systems such as radar and sonar equipment, measurement and 
control instruments and laboratory apparatus, surgical, medical and 
dental instruments and supplies, photographic equipment and supplies, 
and watches and clocks.
    The computer and office equipment manufacturers group includes 
manufacturers of computers, computer storage devices, and peripheral 
equipment for computers such as printers and plotters. Manufacturers of 
miscellaneous office machines are also included in this group.
    The SIC codes of the facilities covered by this section are in 
category (xi) of the definition of storm water discharges associated 
with industrial activity. Storm water discharges from facilities in 
this category are only regulated where precipitation and storm water 
runon come into contact with areas associated with industrial 
activities, and significant materials. Significant materials include, 
but are not limited to, raw materials, waste products, fuels, finished 
products, intermediate products, by-products, and other materials 
associated with industrial activities.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Pollutants Found in Storm Water Discharges
    a. Sources of Pollutants. As noted in the preamble to the final 
storm water application regulations of November 16, 1990, most of the 
actual manufacturing and processing activity at these types of 
facilities normally occurs indoors (55 FR 48008).
    Additional information concerning these manufacturing processes and 
the industrial sector itself can be found in the following documents: 
``Development Document for Effluent Limitations Guidelines and 
Standards for the Electrical and Electronics Components Point Source 
Category, Phase I,'' EPA 440/1-83/075; ``Development Document for 
Effluent Limitations Guidelines and Standards for the Electrical and 
Electronic Components Point Source Category, Phase II,'' EPA 440/1-84/
075; ``Development Document for Existing Source Pretreatment Standards 
for the Electroplating Point Source Category,'' EPA 440/1-79/003; and 
``Development Document for Effluent Limitations Guidelines and 
Standards for the Metal Finishing Point Source Category,'' EPA 440/1-
83/091.
    The types of activities at these facilities where exposure to storm 
water may occur consist primarily of loading/unloading activities, and 
the storage and handling of raw materials, by-products, final products 
or waste products. A wide variety of materials are used at these 
facilities including metals, acids used for chemical etching, alkaline 
solutions, solvents, various oils and fuels and miscellaneous 
chemicals. Tanks or drums of these materials may be exposed to storm 
water during loading/un-loading operations, or through outdoor storage 
or handling at some facilities.
    Liquid wastes which may be exposed at least temporarily include 
spent solvents and acids, miscellaneous chemicals and oily wastes. 
These wastes may be contaminated with a variety of heavy metals and 
chlorinated hydrocarbons. Used equipment, scrap metal and wire, soiled 
rags and sanding materials may also be exposed to storm water and 
constitute a potential source of pollutants. In addition, some 
facilities reported that dumpsters containing non-

[[Page 51062]]
hazardous wastes or manufacturing debris may be exposed to storm water.
    Table AC-1 lists potential pollutant sources from activities that 
commonly take place at facilities which manufacture electronic and 
electrical equipment and components, photographic and optical goods.

                                      Table AC-1.--Common Pollutant Sources                                     
----------------------------------------------------------------------------------------------------------------
              Activity                          Pollutant source                         Pollutants             
----------------------------------------------------------------------------------------------------------------
Outdoor Material Loading/Unloading..  Wooden pallets, spills/leaks from     TSS, oil and grease, organics.      
                                       material handling equipment, raw                                         
                                       materials, finished products,                                            
                                       solvents.                                                                
Outdoor Material and Equipment        Sulfuric acid, alkaline solutions,    Organics, oil and grease, acids,    
 Storage.                              solvents miscellaneous chemicals,     alkalinity, heavy metals.          
                                       oily wastes, lead, silver, copper,                                       
                                       zinc, spent solvents and acids,                                          
                                       scrap metal and wire, oily rags.                                         
----------------------------------------------------------------------------------------------------------------

    b. Storm Water Sampling Results. Based on the similarities of the 
facilities included in this sector in terms of industrial activities 
and significant materials, EPA believes it is appropriate to discuss 
the potential pollutants at electronic and electric equipment and 
photographic and optical goods manufacturing facilities as a whole and 
not subdivide this sector. Therefore, Table AC-2 lists data for 
selected parameters from facilities in the electronic and electric 
equipment and photographic and optical goods manufacturing sector. This 
data includes the eight pollutants which all facilities were required 
to monitor for under Form 2F, as well as the pollutants that EPA has 
determined may merit further monitoring.

 Table AC-2.--Statistics for Selected Pollutants Reported by Electronic and Electrical Equipment and Photographic and Optical Goods Manufacturing Facilities Submitting Part II Sampling Data i 
                                                                                             (mg/L)                                                                                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                           No. facilities    No. of samples           Mean                 Minimum               Maximum               Median            95th percentile       99th percentile  
 Pollutant ofsample type -----------------------------------------------------------------------------------------------------------------------------------------------------------------------
                            Grab   Comp ii    Grab     Comp      Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BOD5....................       25       22       64       56      8.8        7.48       0.0        0.0       54.0      139.0        5.5        5.10      27.2       17.92      48.9       30.08 
COD.....................       25       22       65       56     59.2       36.3        0.0        0.0      450.0      220.0       46.0       24.0      173.3      122.2      304.9      235.5  
Nitrate + Nitrite                                                                                                                                                                               
 Nitrogen...............       25       22       64       57      0.83       0.66       0.00       0.0        6.97       2.54       0.51       0.51       2.63       1.56       4.99       2.40 
Total Kjeldahl Nitrogen.       25       22       64       58      1.45       1.34       0.00       0.0       10.20      13.6        1.05       1.01       4.26       4.22       7.41       7.68 
Oil & Grease............       25      N/A       69      N/A      0.6      N/A          0.0      N/A          9.0      N/A          0.0      N/A          3.5      N/A          8.3      N/A    
pH......................       25      N/A       69      N/A    N/A        N/A          5.0      N/A          8.8      N/A          7.5      N/A          9.0      N/A          9.7      N/A    
Total Phosphorus........       24       21       64       57      1.50       1.02       0.00       0.0       80.10      44.4        0.13       0.16       1.86       1.72       4.93       4.40 
Total Suspended Solids..       24       22       63       56     89         67          0          0        610        716         29         14        424        262       1209        722    
Aluminum, Total.........        4        4        4        4      3.05       0.60       0.00       0.00       9.40       1.00       1.40       0.70      15.37       1.34      29.78       1.75 
Zinc, Total.............       16       14       51       48      0.163      0.152      0.000      0.000      1.101      1.200      0.09       0.09       0.563      0.500      1.060      0.940 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
  were assumed to be 0.                                                                                                                                                                         
ii Composite samples.                                                                                                                                                                           

3. Options for Controlling Pollutants
    In evaluating options for controlling pollutants in storm water 
discharges, EPA must achieve compliance with the technology-based 
standards of the Clean Water Act [Best Available Technology (BAT) and 
Best Conventional Technology]. The Agency does not believe that it is 
appropriate to establish specific numeric effluent limitations or a 
specific design or performance standard in this section for storm water 
discharges associated with industrial activity from facilities which 
manufacture electronic and electrical equipment and components, and 
photographic and optical goods to meet BAT/BCT standards of the Clean 
Water Act. Instead, this section establishes requirements for the 
development and implementation of site-specific storm water pollution 
prevention plans consisting of a set of Best Management Practices 
(BMPs) that are sufficiently flexible to address different sources of 
pollutants at different sites.
    Certain BMPs are implemented to prevent and/or minimize exposure of 
pollutants from industrial activities to storm water discharges. EPA 
believes the most effective BMPs for reducing pollutants in storm water 
discharges are exposure minimization practices. Exposure minimization 
practices lessen the potential for storm water to come into contact 
with pollutants. Good housekeeping practices ensure that facilities are 
sensitive to routine and nonroutine activities which may increase 
pollutants in storm water discharges. The BMPs which address good 
housekeeping and exposure minimization are easily implemented, 
inexpensive, and require little, if any, maintenance. BMP expenses may 
include construction of roofs for storage areas or other forms of 
permanent cover and the installation of berms/dikes. Other BMPs such as 
detention/retention ponds and filtering devices may be needed at these 
facilities because of the contaminant level in the storm water 
discharges. The types of BMPs implemented will depend on the type of 
discharge, types and concentrations of contaminants, and the volume of 
the flow.
    The selection of the most effective BMPs will be based on site-
specific considerations such as: facility size, climate, geographic 
location, geology/hydrology and the environmental setting of each 
facility, and volume and type of discharge generated. Each facility 
will be unique in that the source, type, and volume of contaminated 
storm water discharges will differ. In addition, the fate and transport 
of pollutants in these discharges will vary. EPA believes that the 
management practices discussed herein are well suited mechanisms to 
prevent or control the contamination of storm water discharges 
associated with manufacturers of electronic and electrical equipment 
and components, and photographic and optical goods.
    Part 1 group application data indicated that the most widely 
implemented BMPs are spill prevention and response techniques (used by 
approximately 68 percent of the sampling facilities) and waste 
minimization practices (employed by approximately 54 percent of the 
sampling facilities). However, less than 

[[Page 51063]]
30 percent of the sampling subgroup reported that they use covering; 
approximately 3 percent have roofs over their raw materials; and less 
than 3 percent store raw materials indoors.103 Because BMPs 
described in part 1 data are generally limited, Table AC-3 is provided 
to identify BMPs associated with activities that routinely occur at 
manufacturers of electronic and electrical equipment and components, 
and photographic and optical goods.

    \103\ These percentages were based on the information reported 
in the Part 1 group applications. However, some facilities which 
utilize these BMPs as part of their daily activities may not 
recognize these practices as BMPs and as a result did not report 
this information in their applications.

  Table AC-3.--General Storm Water BMPs for Manufacturers of Electronic 
 and Electrical Equipment and Components, Photographic and Optical Goods
------------------------------------------------------------------------
         Activity                 Best management practices (BMPs)      
------------------------------------------------------------------------
Outdoor Unloading and      Confine loading/unloading activities to a    
 Loading.                   designated area.                            
                           Consider performing loading/unloading        
                            activities indoors or in a covered area.    
                           Consider covering loading/unloading area with
                            permanent cover (e.g., roofs) or temporary  
                            cover (e.g., tarps).                        
                           Close storm drains during loading/unloading  
                            activities in surrounding areas.            
                           Avoid loading/unloading materials in the     
                            rain.                                       
                           Inspect the unloading/loading areas to detect
                            problems before they occur.                 
                           Inspect all containers prior to loading/     
                            unloading of any raw or spent materials.    
                           Consider berming, curbing, or diking loading/
                            unloading areas.                            
                           Dead-end sump where spilled materials could  
                            be directed.                                
                           Drip pans under hoses.                       
                           Use dry clean-up methods instead of washing  
                            the areas down.                             
                           Train employees on proper loading/unloading  
                            techniques and spill prevention and         
                            response.                                   
Outdoor Material Storage   Confine storage of materials, parts, and     
 (including waste, and      equipment to designated areas.              
 particulate emission                                                   
 management).                                                           
                           Consider secondary containment using curbing,
                            berming, or diking all liquid storage areas.
                           Train employees in spill prevention and      
                            response techniques.                        
                           Train employees on proper waste control and  
                            disposal.                                   
                           Consider covering tanks.                     
                           Ensure that all containers are closed (e.g., 
                            valves shut, lids sealed, caps closed).     
                           Wash and rinse containers indoors before     
                            storing them outdoors                       
                           If outside or in covered areas, minimize     
                            runon of storm water by grading the land to 
                            divert flow away from containers.           
                           Leak detection and container integrity       
                            testing.                                    
                           Direct runoff to onsite retention pond.      
                           Inventory all raw and spent materials.       
                           Clean around vents and stacks.               
                           Place tubs around vents and stacks to collect
                            particulate.                                
                           Inspect air emission control systems (e.g.,  
                            baghouses) regularly, and repair or replace 
                            when necessary.                             
                           Store wastes in covered, leak proof          
                            containers (e.g., dumpsters, drums).        
                           Consider shipping all wastes to offsite      
                            landfills or treatment facilities.          
                           Ensure hazardous waste disposal practices are
                            performed in accordance with Federal, State,
                            and local requirements.                     
------------------------------------------------------------------------
Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
  March 18, 1991, through December 31,1992.                             
EPA, Office of Water. September 1992. ``Storm Water Management for      
  Industrial Activities: Developing Pollution Prevention Plans and Best 
  Management Practices.'' EPA 832-R-92-006.                             

4. Special Conditions
    There are no additional requirements under this section other than 
those stated in Part VI.B of this fact sheet.
5. Storm Water Pollution Prevention Plan Requirements
    There are no additional requirements beyond those described in Part 
VI.C. of this fact sheet.
6. Numeric Effluent Limitations
    No numeric effluent limitations are included for facilities in this 
sector, beyond those described in Part V.B. of today's permit.
7. Monitoring and Reporting Requirements
    a. Monitoring Requirements. The regulatory modifications at 40 CFR 
122.44 (i)(2) established on April 2, 1992, grant permit writers the 
flexibility to reduce monitoring requirements in storm water discharge 
permits. EPA has determined that the potential for storm water 
discharges to contain pollutants above benchmark levels, because of the 
industrial activities and materials exposed to precipitation, does not 
support sampling at facilities that manufacture electronic and 
electrical equipment and components, photographic, and optical goods. 
Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA defined 
``storm water discharge associated with industrial activity''. The 
focus of today's permit is to address the presence of pollutants that 
are associated with the industrial activities identified in this 
definition and that might be found in storm water discharges. Under the 
methodology for determining analytical monitoring requirements, 
described in section VI.E.1 of this fact sheet, aluminum and zinc are 
above the bench mark concentrations for the electronic, electric, 
photographic and optical goods sector. After a review of the nature of 
industrial activities and the significant materials exposed to storm 
water described by facilities in this sector, EPA has determined that 
the higher concentrations of aluminum and zinc 

[[Page 51064]]
are not likely to be caused by the industrial activity, but may be 
primarily due to non-industrial activities on-site. Today's permit does 
not require electronic, electric, photographic and optical goods 
facilities to conduct analytical monitoring for these parameters.
    Based on a consideration of the BMPs typically used at these 
facilities, and generally low pollutant values from the application 
data, EPA believes that the pollution prevention plan with visual 
examinations of storm water discharges will help to ensure storm water 
contamination is minimized. Because permittees are not required to 
conduct analytical monitoring, they will be able to focus their 
resources on developing and implementing the pollution prevention plan.
    Quarterly visual examination of a storm water discharge from each 
outfall are required. The examination must be of a grab sample 
collected from each storm water outfall. The examination of storm water 
grab samples shall include any observations of color, odor, turbidity, 
floating solids, foam, oil sheen, or other obvious indicators of storm 
water pollution. The examination must be conducted in a well lit area. 
No analytical tests are required to be performed on these samples.
    The examination must be made at least once in each designated 
period during daylight hours unless there is insufficient rainfall or 
snow-melt to runoff. Whenever practicable, the same individual should 
carry out the collection and examination of discharges throughout the 
life of the permit to ensure the greatest degree of consistency 
possible. Examinations shall be conducted in each of the following 
periods for the purposes of inspecting storm water quality associated 
with storm water runoff and snow melt: January through March; April 
through June; July through September; October through December. Grab 
samples shall be collected within the first 30 minutes (or as soon 
thereafter as practical, but not to exceed 1 hour) of when the runoff 
begins discharging. Reports of the visual examination include: the 
examination date and time, examination personnel, visual quality of the 
storm water discharge, and probable sources of any observed storm water 
contamination. The visual examination reports must be maintained onsite 
with the pollution prevention plan.
    EPA realizes that if a facility is inactive and unstaffed it may be 
difficult to collect storm water discharge samples when a qualifying 
event occurs. Today's final permit has been revised so that inactive, 
unstaffed facilities can exercise a waiver of the requirement to 
conduct quarterly visual examination.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. The frequency of this visual inspection will 
also allow for timely adjustments to be made to the plan. If BMPs are 
performing ineffectively, corrective action must be implemented. A set 
of tracking or follow-up procedures must be used to ensure that 
appropriate actions are taken in response to the inspections. The 
visual examination is intended to be performed by members of the 
pollution prevention team. This hands-on examination will enhance the 
staff's understanding of the storm water problems on that site and the 
effects of the management practices that are included in the plan.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    As discussed above, EPA does not believe that analytical monitoring 
is necessary for facilities that manufacture electronic and electrical 
equipment and components, photographic, and optical goods. EPA believes 
that between quarterly visual examinations and site compliance 
evaluations potential sources of contaminants can be recognized, 
addressed, and then controlled with BMPs. In determining the monitoring 
requirements, EPA considered the nature of the industrial activities 
and significant materials exposed at these sites, and performed a 
review of data provided in Part 2 group applications.

IX. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in this proposed multi-sector general permit under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements in today's permit have already been approved by 
the Office of Management and Budget (OMB) in previous submissions made 
for the NPDES permit program under the provisions of the Clean Water 
Act.

X. 401 Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters, shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of Sections 301, 302, 303, 306, and 307 
of the CWA. The Section 401 certification process has been completed 
for all States, Indian lands, and Federal facilities covered by today's 
general permit. The following summary indicates where additional permit 
requirements have been added as a result of the certification process 
and also provides a more detailed discussion of additional requirements 
for the District of Columbia, Louisiana, New Mexico, Oklahoma, Texas, 
Arizona, and Washington State.

Region I

Connecticut: Indian lands only, no 401 conditions.
Maine: No 401 conditions.
Maine Indian lands: No 401 conditions.
Massachusetts: No 401 conditions.
Massachusetts: Indian lands only, no 401 conditions.
New Hampshire: no 401 conditions.
New Hampshire: Indian lands only, no 401 conditions.
Rhode Island: Indian lands only, no 401 conditions.
Vermont: Indian lands only, no 401 conditions.
Vermont: Federal facilities only, no 401 conditions.

Region II

Puerto Rico: no 401 conditions.
Puerto Rico: Federal facilities only, no 401 conditions.

Region III

District of Columbia: see the following and Part XII of the permit for 
401 conditions.

    The District of Columbia has added the following permit conditions 
in order to protect water quality in the District. A copy of all storm 
water pollution prevention plans required under the permit shall be 
submitted to the District of Columbia's Department of Consumer and 
Regulatory Affairs, Environmental 

[[Page 51065]]
Regulation Administration, for review and approval.
    District of Columbia: Federal facilities only, see the following 
and Part XII for 401 conditions.
    The District of Columbia has added the following permit conditions 
for Federal facilities in order to protect the quality of waters in the 
District and surrounding areas including the Chesapeake Bay. Any 
Federal facility regulated by this permit shall include in its storm 
water management plan required by this permit the following additional 
items: current nitrogen and phosphorus loads, current fertilizer usage, 
current exterior pesticide usage, and current urea for deicing usage; 
volume of any storm water diverted to the sanitary sewer from roof 
leaders or other connections and the volume of any ground water 
diverted to the sanitary sewer; proposed reductions in nutrient and 
pesticides loads in accordance with the Chesapeake Bay Restoration 
goals; any Federal facility regulated by this permit, which manages 
significant quantities of animals or animal wastes, shall provide in 
the storm water management plan an accounting of these animal wastes, 
and nutrient control measures for avoiding, reducing, or eliminating 
runoff of these animal wastes; and any Federal facility regulated by 
this permit whose storm water discharges to a combined sewer shall 
study, or contribute to any joint study, the impact of its storm water 
discharge(s) on combined sewer overflows, and address potential 
solution(s) to avoid, reduce, or eliminate the combined sewer overflows 
caused by its storm water discharge(s). In addition, a copy of all 
storm water pollution prevention plans required under the permit shall 
be submitted to the District of Columbia's Department of Consumer and 
Regulatory Affairs, Environmental Regulation Administration, for review 
and approval.
    Delaware: Federal facilities only, no 401 conditions.

Region IV

    Florida: no 401 conditions.

Region VI

    Louisiana: see the following and Part XII of the permit for 401 
conditions.
    In accordance with the Louisiana Coastal Zone Management Program 
(LRS 49:214), all facilities whose activities occur in, or have an 
effect on, the designated costal zone of Louisiana, must obtain an 
individual coastal zone consistency concurrence, permit, or waiver from 
the Coastal Management Division of the Louisiana Department of Natural 
Resources. These facilities are provided with an address to help in 
determining if they have responsibilities for obtaining clearance from 
the Louisiana Department of Natural Resources. These facilities cannot 
be eligible for coverage under this NPDES permit unless they have 
fulfilled their responsibilities under the Louisiana Coastal Zone 
Management Program. This is a condition of certification from the State 
of Louisiana (letter June 29, 1995).
    As a condition for certification under Section 401 of the CWA, the 
State of Louisiana (letter dated February 1, 1995) required inclusion 
of the following limitations necessary to insure compliance with State 
water quality standards. These limitations are required under Louisiana 
Annotated Code 33:IX.708 (LAC 33:IX.708).
    (1) General Limitations become effective on the effective date of 
the permit.

------------------------------------------------------------------------
                                                                 Daily  
                          Parameter                             maximum 
                                                                 (mg/l) 
------------------------------------------------------------------------
Total Organic Carbon (TOC)...................................         50
Oil & Grease.................................................         15
------------------------------------------------------------------------

    (2) Oil & Gas Exploration and Production Facility requirements 
become effective on the effective date of the permit.

------------------------------------------------------------------------
                                                                 Daily  
                          Parameter                             maximum 
                                                                 (mg/l) 
------------------------------------------------------------------------
Chemical Oxygen Demand (COD).................................        100
Total Organic Carbon (TOC)...................................         50
Oil & Grease.................................................         15
------------------------------------------------------------------------

    Chlorides: (a) Maximum chloride concentration of the discharge 
shall not exceed two times the ambient concentration of the receiving 
water in brackish marsh areas.
    (b) Maximum chloride concentration of the discharge shall not 
exceed 500 mg/l in freshwater or intermediate marsh areas and upland 
areas.
    Monitoring requirements for Total Organic Carbon (TOC) and Oil and 
Grease have been added to all facilities required to monitor annually 
or semi-annually. Facilities without monitoring requirements must 
insure the pollution prevention plan will insure compliance with these 
effluent limitations. The definitions of brackish marsh, freshwater 
marsh, intermediate marsh, upland area, and saline marsh at LAC 
33:IX.708 have been included in Part X. of the permit.
    Louisiana: Federal Indian Reservations only, no 401 conditions.
    New Mexico: see the following and Part XII of the permit for 401 
conditions.
    As a condition for certification under Section 401 of the CWA, the 
State of New Mexico required inclusion of the following conditions 
necessary to insure compliance with State water quality standards 
(letter dated June 16, 1995). These conditions apply to permittees with 
facilities discharging into waters of the State of New Mexico. This 
testing requirement is in addition to any other monitoring required 
under the permit.
    Results of the testing requirement is to be reported only to the 
State of New Mexico at the address given in the permit. A copy of the 
data shall be kept with the Pollution Prevention Plan.
    New Mexico: Federal Indian Reservations only, no 401 conditions.
    Oklahoma: see the following and Part XII of the permit for 401 
conditions.
    Under section 301 of the CWA and 40 CFR 122.44, EPA is required to 
include permit conditions necessary to insure compliance with more 
stringent conditions of State law. The proposed permit included 
requirements based on the 1988 Oklahoma Water Quality Standards, 
prohibiting new point source discharges to several classes of high 
quality waterbodies of the State. The final permit conditions reflect 
the requirements of Oklahoma Annotated Code Title 785, chapter 45 (OAC 
785:45-5-25), effective June 25, 1992.
    In order to comply with OAC 785:45-5-25, the permit will not 
authorize any new point source discharge of storm water associated with 
industrial activity to ``new'' point source discharges of storm water 
associated with industrial activity (those commencing after the June 
25, 1992, effective date of the Oklahoma Water Quality Standards--OAC 
785:45) to the following waters:
    (i) Waterbodies designated as ``outstanding Resource Waters'' and/
or ``Scenic Rivers'' in appendix A of the Oklahoma Water Quality 
Standards;
    (ii) Oklahoma waterbodies located within the watersheds of 
waterbodies designated as ``Scenic Rivers'' in appendix A of the 
Oklahoma Water Quality Standards; and
    (iii) Waterbodies located within the boundaries of Oklahoma Water 
Quality Standards appendix B areas which are specifically designated as 
``Outstanding Resource Waters'' in appendix A of the Oklahoma Water 
Quality Standards.
    In addition to this general permit exclusion on coverage, the 
Agency would like to emphasize the OAC 785:45-5-25 also prohibits the 
issuance of any NPDES discharge permit (other than for storm water 
runoff from temporary construction activity) for new point source 
discharges to ORWs or 

[[Page 51066]]
Scenic Rivers, that commences after June 25, 1992.
    Outstanding Resource Waters and Scenic Rivers are located in the 
following river basins identified in Oklahoma Water Quality Standards.
    Basin 1--Middle Arkansas River: Barren Fork and certain listed 
tributaries; and the Upper Illinois River above Barren Fork confluence 
and certain listed tributaries.
    Basin 2--Lower Arkansas River: Lee Creek and certain listed 
tributaries.
    Basin 4--Lower Red River: Upper Mountain Fork River and certain 
listed tributaries.
    For specific applicability, or a complete listing of affected 
waterbodies, permittees should refer to the Oklahoma Water Quality 
Standards, appendices A and B, or contact the Oklahoma Water Resources 
Board.
    Oklahoma: Federal Indian Reservations only, no 401 conditions.
    Texas: see the following and Part XII of the permit for 401 
conditions.
    As a condition for certification under section 401 of the CWA, the 
State of Texas required inclusion of the following conditions necessary 
to insure compliance with State water quality standards.
    The following effluent limitations are required under the Texas 
Water Quality Standards (31 TAC 319.22 and 319.23). All pollution 
prevention plans developed pursuant to this permit must enable the 
discharger to comply with the limitations listed below.
All Discharges to Inland Waters
    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for discharges 
to inland waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.05          0.1            0.2 
Chromium......................         0.5           1.0            5.0 
Copper........................         0.5           1.0            2.0 
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.05          0.1            0.2 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------

All Discharges to Tidal Waters
    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for discharges 
to tidal waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.1           0.2            0.3 
Chromium......................         0.5           1.0            5.0 
Copper........................         0.5           1.0            2.0 
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.1           0.2            0.3 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------

    The definitions of ``inland'' and ``tidal'' waters has been 
included in part XI.E of the Texas permit. Inland waters are those not 
defined as tidal waters. Tidal waters include those waters of the Gulf 
of Mexico within the jurisdiction of the State of Texas, bays and 
estuaries thereto, and those portions of the river systems which are 
subject to the ebb and flow of the tides, and to the intrusion of 
marine waters.
    All facilities that have demonstrated significant lethality, which 
has not been controlled, shall continue to perform WET testing in 
accordance with the State specified requirements. The Texas Surface 
Water Quality Standards contain a whole effluent toxicity standard 
requiring discharges to exhibit greater than 50% survival of the 
appropriate test organisms in 100% effluent for a 24-hour period (i.e., 
24-hr LC50 > 100%). As a condition for certification, the State 
required modification of the toxicity test protocol contained in the 
permit to conform to that specified to demonstrate compliance with the 
State standard. The results of the toxicity testing will be used to 
insure that facilities which have exhibited toxicity in the past will 
be required to continue monitoring for whole effluent toxicity and 
identify discharges that will require more stringent pollution 
prevention plans and/or individual or alternative general permit 
coverage.
    Texas: Federal Indian Reservations only, no 401 conditions.

Region IX

    Arizona: see the following and Part XII of the permit for 401 
conditions.
    Arizona: Federal facilities only, see the following and Part XII of 
the permit for 401 conditions.
    In order to ensure compliance with the requirements of the State of 
Arizona, discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality 

[[Page 51067]]
standard of the State of Arizona (Arizona Administrative Code, Title 
18, Chapter 11). Notices of Intent, Notices of Termination, and for 
those facilities subject to monitoring and reporting requirements, 
Discharge Monitoring Report Form(s) and other required monitoring 
information shall be submitted to the State of Arizona Department of 
Environmental Quality at the following address: Storm Water 
Coordinator, Arizona Department of Environmental Quality, 3033 N. 
Central Avenue, Phoenix, Arizona 85012.
    NOIs submitted to the State of Arizona shall include the well 
registration number if storm water associated with industrial activity 
is discharged to a dry well or an injection well.
    SARA Section 313 (Community Right to Know) Facilities are subject 
to the following additional requirement: liquid storage areas for 
Section 313 water priority chemicals shall be operated to minimize 
discharges of Section 313 chemicals. Appropriate measures to minimize 
discharges of Section 313 chemicals shall include secondary containment 
provided for at least the entire contents of the largest tank plus 
sufficient freeboard to allow for the 25-year, 24-hour precipitation 
event, a strong spill contingency and integrity testing plan, and/or 
other equivalent measures.
    All facilities with any portion of the facility that is located at 
or below the Base Elevation shall delineate on the site map those 
portions of the facility that are located at or below the Base 
Elevation.
    The following definitions are added to Part X of the permit:
    ``Significant Sources of Non-Storm Water''--includes, but is not 
limited to discharges which could cause or contribute to violations of 
water quality standards of the State of Arizona, and discharges which 
could include releases of oil or hazardous substances in excess of 
reportable quantities under Section 311 of the Clean Water Act (see 40 
CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see CFR 302.4).
    ``Base Elevation''--elevation of a surface waterbody having a one 
percent chance of being equaled or exceeded during any given year.
    Arizona: Federal Indian Reservations only (including those portions 
of the Navajo Reservation located outside Arizona), no 401 conditions.
    California: Federal Indian Reservations only, no 401 conditions.
    Nevada: Federal Indian Reservations only (including those portions 
of the Duck Valley, Fort McDermitt, and Goshute Reservations located 
outside Nevada), no 401 conditions.
    Johnston Atoll: no 401 conditions.
    Johnston Atoll: Federal facilities only, no 401 conditions.
    Midway and Wake Island: no 401 conditions.
    Midway and Wake Island: Federal facilities only, no 401 conditions.

Region X

    Alaska: Federal Indian Reservations only, no 401 conditions.
    Idaho: no 401 conditions.
    Idaho: Federal Indian Reservations only (except the Duck Valley 
Reservation lands which are handled by Region IX), no 401 conditions.
    Idaho: Federal facilities only, no 401 conditions.
    Oregon: Federal Indian Reservations only, no 401 conditions.
    Washington: Federal Indian Reservations only, no 401 conditions.
    Washington: Federal facilities only, see the following and Part XII 
of the permit for 401 conditions.
    In order to ensure compliance with the requirements of the State of 
Washington, discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality standard of 
the State of Washington, specifically Chapter 173-201A WAC Surface 
Water Quality Standards, Chapter 173-204 WAC Sediment Standards, and 
the National Toxics Rule for human health related to water quality 
standards.

XI. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is 
required to prepare a Regulatory Flexibility Analysis to assess the 
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory 
Flexibility Analysis is required where the head of the Agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    Today's permit will provide any small entity the opportunity to 
obtain storm water permit coverage as a result of the group application 
process. Group applications provided small entities a mechanism to 
reduce their permit application burden by grouping together with other 
industrial facilities and submitting a common permit application with 
reduced monitoring requirements and shared costs. The group application 
information submitted to EPA provided a basis for the development of 
storm water permit conditions tailored specifically for each industry. 
The permit requirements have been designed to minimize significant 
administrative and economic impacts on small entities and should not 
have a significant impact on industry in general. Moreover, the permit 
reduces a significant burden on regulated sources of applying for 
individual permits.
    Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
permit will not have a significant impact on a substantial number of 
small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

XII. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), which was signed into law on March 22, 
1995, EPA must prepare a written statement to accompany any rules with 
Federal mandates that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is required for 
EPA rules, under section 205 of the Unfunded Mandates Act, EPA must 
identify and consider alternatives, including the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objective of such a rule. EPA must select that alternative, unless the 
Administrator explains in the final rule why it was not selected or it 
is inconsistent with law. Before EPA establishes regulatory 
requirements that significantly or uniquely affect small governments, 
including tribal governments, it must develop under section 203 of the 
Unfunded Mandates Act a small government agency plan. The plan must 
provide for meaningful and timely input in the development of EPA 
regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising them on compliance 
with the regulatory requirements.
    In response to the requirements of the Unfunded Mandates Act, the 
Act generally excludes from the definition of a ``Federal 
intergovernmental mandate'' (in sections 202, 203, and 205) duties that 
arise from participation in a voluntary Federal program. A municipal 
discharger of storm water associated with industrial activity may 
voluntarily elect to seek coverage under today's multi-sector general 
permit rather than obtain an individual permit or coverage under a 
baseline general permit. Coverage under today's permit, therefore, is 
voluntary in that the permit does not automatically apply to any 
particular entity. Thus, it imposes no Federal intergovernmental 
mandate within the meaning of the Act.
    Small government agency plans under section 203, on the other hand, 
are required when small governments may 

[[Page 51068]]
be significantly or uniquely affected by regulatory requirements. 
``Regulatory requirements'' arguably include the requirements of this 
permit should a municipality seek to be covered under the permit. EPA 
envisions that some municipalities may elect to seek coverage under 
this permit for certain storm water discharges, for example, from the 
following types of industrial activity: hazardous waste treatment, 
storage, and disposal; industrial landfills, land application sites and 
open dumps; scrap and waste material recycling; steam electric power 
generation; ground transportation (local and suburban transit, 
interurban highway passenger transportation, including railroads, 
petroleum bulk stations, and motor freight transportation); air 
transportation; domestic waste water treatment; and water 
transportation. Any such permit requirements, however, do not 
significantly affect small governments because they are subject to the 
same requirements as other entities whose duties result from today's 
rule. Permit requirements also do not uniquely affect small governments 
because compliance with the permit's conditions affects small 
governments in the same manner as other entities seeking coverage under 
the permit. Thus, any applicable requirements of section 203 have been 
satisfied.
    The regulated community that may seek coverage under this general 
permit, including small governments, have been involved in the 
development of this permit and, therefore, have had notice of the 
requirements that they may incur under this permit. EPA has prepared 
permit Fact Sheets to accompanying this permit in order to inform and 
educate permit applicants about how to comply with the terms of the 
permit. EPA has already published instructional guidance: Developing 
Pollution Prevention Plans for Construction and (other) Industrial 
Activity (1992), NPDES Storm Water Sampling Guidance Document, 833/B-
92-001 (July 1992), and Guidance for the Preparation of Discharge 
Monitoring Reports: Facilities required to Report Semi-annual 
Monitoring Results Under NPDES Storm Water General Permits, 833/B-93-
002 (rev. April 1994). Therefore, EPA encourages any small governments 
that may seek coverage under this multi-sector general permit to refer 
to that instructional guidance, as well as contact EPA Regional storm 
water coordinators listed in the Permit Fact Sheet for any additional 
assistance such small governments may require.
    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: August 29, 1995.
Marley Laing,
Acting Regional Administrator, Region I.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: August 16, 1995.
Jeanne M. Fox,
Regional Administrator, Region II.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: September 11, 1995.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: September 11, 1995.
Patrick M. Tobin,
Acting Regional Administrator, Region IV.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: September 12, 1995.
William G. Laxton,
Acting Regional Administrator, Region VI.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that these permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: August 24, 1995.
Alexis Strauss,
Acting Regional Administrator, Region 9.

    Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
permit will not have a significant impact on a substantial number of 
small entities.

    Dated: September 11, 1995.
Chuck Clarke,
Regional Administrator, Region 10.

Appendix A--Summary of Responses to Public Comments on the November 19, 
1993, Proposed Draft Multi-Sector Storm Water General Permit

    The following discussion is a summary of the major issues 
identified by EPA that were raised regarding the storm water multi-
sector industrial general permit during the public comment period, 
along with EPA's response to each major issue. This summary aggregates 
comments by similarity of the issues and does not discuss each and 
every public comment that was received on the proposed permit. A 
comprehensive discussion of each comment that was raised is provided in 
a separate detailed response to comment document which is maintained by 
EPA as a part of the record for this permit issuance action. The first 
part of this appendix responds to the major issues raised by commenters 
during the comment period and the second part responds to key industry-
specific issues.

Eligibility of Non-Group Members

    As proposed, the multi-sector storm water general permit may 
provide discharge authorization for any industrial activity described 
in the coverage sections of the twenty-nine industrial sectors that 
have point source discharges of storm water to waters of the United 
States or to a municipal separate storm sewer system and which meet the 
general eligibility provisions of the permit. Coverage under the 
permit, as proposed, was allowed for owners and operators of these 
types of industrial activities regardless of whether or not they 
participated in a group application. Several commenters expressed 
concern that owners/operators of facilities which did not participate 
in the group application process will be eligible for coverage under 
the multi-sector general permit, and suggested that only those 
facilities that participated in the group process be allowed coverage 
under the permit.
    EPA set forth the storm water permit application process (including 
group applications) in the storm water regulations published in 
November, 1990 (55 FR 47990). EPA's strategy, as stated in this notice, 
was to regulate storm water discharges from industrial activity by 
promulgating a baseline general permit for most industrial dischargers 
(Tier 1), and then to develop more specific industry and/or watershed 
general permits (Tiers 2 & 3). An integral part of the process to 
develop 

[[Page 51069]]
the multi-sector storm water general permit, which is similar to a Tier 
3 permit (industry-specific), was the assimilation of the industry-
specific data gathered from the group applications. It was always EPA's 
intention to utilize this information in the development of permits to 
cover all applicable facilities, and to provide the resulting permit as 
a model to States for use in State permitting programs. In the preamble 
to these regulations on pages 48027 and 48028, EPA made it clear that 
the group application process would lead to either general permits for 
large groups of similar discharges or to individual permits for 
individual facilities. EPA did not commit to issue permits that were 
open only to group members. The concept of the general permit implies 
wide-ranging issuance to all eligible facilities.
    Given the large number of group applications and the similarity 
between groups, EPA chose to develop and propose one general permit 
with twenty-nine different industry sectors covering all the industries 
represented in the group applications, rather than issue twenty-nine 
separate sector general permits, one by one, to each and every group. 
Likewise, EPA chose not to issue a separate and distinct ``group'' 
permit to each and every group because of the similarity between 
groups, in the industrial activities, significant materials stored 
exposed to storm water and the material management practices employed, 
as reported in the group application information. Given the similarity 
of the industrial activities represented in the group applications, 
twenty-nine sectors represented were determined by EPA as a reasonable 
grouping of the industries that participated in the group process. EPA 
further believes that the use of the twenty-nine sectors provides a 
fair and reasonable method for permitting each industry group that 
participated in the group application process.
    To make the best use of the proposed multi-sector general permit, 
EPA chose not to limit coverage under this general permit to those 
facilities that only participated in the group process. The application 
information provided by the groups was extremely valuable in preparing 
the permit and has resulted in an accurate and more applicable 
industrial permit for the types of facilities represented in the 
applications. EPA is not precluded or restricted from utilizing 
information gathered from particular types of applications submitted to 
the Agency during the application process, and accordingly, coverage 
under today's general permit will remain available to all industrial 
facilities that meet the eligibility criteria of the permit, whether or 
not they participated in a group application.

Choice Between Baseline and Multi-Sector Permit

    In the fact sheet for the proposed multi-sector general permit, EPA 
stated that group applicants could seek coverage under the baseline 
general permit rather than under this multi-sector general permit, but 
noted that certain deadlines for pollution prevention plan preparation 
and implementation had already expired for existing facilities under 
the baseline permit. Commenters supported the option that group 
applicants be allowed to chose coverage under either the multi-sector 
general permit or the baseline general permit once the multi-sector 
permit is issued in final. In addition, commenters requested that group 
applicants choosing to obtain coverage under the baseline general 
permit not be required to prepare a pollution prevention plan prior to 
submitting an NOI. These comments raise two issues: (1) Should group 
applicants be allowed to apply for coverage under the baseline general 
permit after the permit's October 1, 1992 deadline for existing 
facilities to apply for coverage; and (2) should the deadlines in the 
baseline general permit for pollution prevention plan preparation and 
implementation, sampling, etc. be waived for facilities filing for 
coverage after the October 1, 1992 deadline.
    EPA will allow group applicants to submit an NOI for coverage under 
either today's multi-sector general permit or the baseline general 
permit. Although Part II.A.6 of the baseline general permit currently 
allows existing facilities to submit an NOI for coverage after October 
1, 1992, the Agency reserves the right to limit coverage under the 
baseline general permit at a later date.
    EPA will not, however, extend compliance deadlines in the baseline 
general permit for facilities that participated in the group 
application process. Group applicants had the opportunity to apply for 
the baseline general permit in a timely manner. It would be 
inappropriate for EPA to favor group applicants over facilities that 
complied with the baseline general permit by allowing them more time to 
come into compliance. Additionally, extending the baseline permit 
deadlines would require a modification of the baseline general permit, 
which is beyond the scope of today's final rule.

Consolidation of the Group Applications Into 29 Industry Sectors

    Over 1,200 group applications were submitted to EPA pursuant to the 
group application option contained in 40 CFR 122.26(c)(2). As the group 
application option progressed, many of the groups dropped out leaving 
approximately 700 groups. Based on the similarity of many of the 
groups, and to maintain a manageable number of permits to be issued, 
EPA consolidated the approximately 700 groups into 29 industrial 
sectors, and developed BMP and monitoring requirements for each sector.
    EPA received 50 comments regarding the consolidation of group 
applications. Thirty-eight comments objected to consolidation, while 12 
comments expressed support. Another 38 comments suggested that the 29 
industrial sectors should be divided into additional subsectors. Some 
commenters that objected to consolidation suggested that the use of SIC 
codes as one of the underpinnings for consolidation was inappropriate 
because SIC codes are based on economic activity, and are not meant to 
be indicative of an industry sector's affect on the quality of storm 
water runoff. Some commenters suggested that the consolidation process 
failed to take into account the climatic variations of different 
geographic regions across the country. Other commenters objected to the 
consolidation process on the basis that it represented a significant 
departure from the group application process as described in the 
preamble to the storm water permit application regulations published on 
November 16, 1990 (55 FR 48024). Some comments expressed disappointment 
that the group applications were not handled in a more 
``individualized'' manner, and one comment suggested that the group 
application consolidation process violated the Administrative Procedure 
Act (APA).
    Many of the commenters that expressed objections to the 
consolidation of the group applications offered alternative 
suggestions. Most recommended that additional sectors or subsectors be 
established, and it was also suggested that the general permit include 
a provision allowing industries the option of petitioning for the 
creation of subsectors during the term of the permit. Other suggestions 
included establishing minimum activity requirements that trigger 
monitoring requirements, or deleting the priority/nonpriority 
monitoring structure altogether. 

[[Page 51070]]

    For the final general permit, EPA has retained the 29 industrial 
sectors as listed in the proposed rule, with the addition of 
supplementary subsectors that establish specific monitoring 
requirements for different types of facilities within industrial 
sectors. In response to comments expressing concern over monitoring 
requirements that apply to all facilities within the priority sectors, 
the Agency re-evaluated the monitoring data submitted by facilities in 
the 29 industrial sectors, and modified the methodology for determining 
the types of facilities that are required to conduct storm water 
monitoring. Accordingly, the final general permit has been changed to 
focus monitoring requirements on industrial sub-sectors which, 
according to the submitted monitoring data, pose the greatest potential 
risk to storm water runoff quality. The final permit also provides the 
opportunity for facilities in sub-sectors that are subject to storm 
water monitoring to apply the alternative certification provisions (see 
section VI.E.3 of the Fact Sheet). The alternative certification 
provisions provide facilities an opportunity to reduce or avoid storm 
water monitoring requirements under certain circumstances and is 
discussed in more detail below.
    As noted above, some commenters questioned whether the 
consolidation process was consistent with NPDES and APA regulations. 
EPA conducted a thorough review of the consolidation process for 
consistency with the NPDES regulations. Section 122.28(a)(2)(i) allows 
EPA to issue general permits for ``storm water point sources;'' this 
section does not in any way limit or qualify the types of sources 
subject to regulation. EPA also has broad regulatory discretion 
regarding geographic boundaries pursuant to section 122.28(a)(1). In 
developing the general permit, the Agency attempted to strike a balance 
between recognizing the variety of facilities that comprise the group 
applicants and developing a permitting process that could be 
administered without an undue expenditure of Agency resources. In 
summary, all actions taken by EPA, including the consolidation process, 
are also within the discretion accorded to the Agency under the Clean 
Water Act and NPDES regulations.
    In regards to consistency with the APA, Section 553 of the APA 
requires that public notice and opportunity for public comment be 
provided for all rulemakings. EPA published the proposed NPDES General 
Permit for Storm Water Discharges From Industrial Activities in the 
Federal Register and provided a 90-day comment period on November 19, 
1993 (58 FR 61146). Public hearings were also held in the EPA Regions. 
Furthermore, EPA invited comment on the 29 sector consolidation. These 
efforts by the Agency are consistent with the provisions of the APA.
    As noted earlier, some commenters suggested that the use of SIC 
codes were inappropriate as a basis for consolidating industrial 
facilities into 29 industrial sectors. EPA notes that the nature of the 
industrial activities, as described in the group application 
information, in conjunction with SIC codes are an appropriate basis for 
sector consolidation. Although SIC codes are used to categorize 
industries based on economic activities, these codes are generally 
grouped together based on similar industrial activities. In addition, 
EPA was aware of the differences and similarities among the facilities 
included in a particular sector based upon the group application data 
that was submitted by the participants. Using this information in 
conjunction with the activity descriptors in the SIC codes, EPA was 
able to appropriately group similar industrial activities into the 29 
sectors.

Credit for Group Members

    EPA requested and received 75 comments that addressed the issue of 
whether EPA should grant some form of credit for facilities that 
participated in the group application process. Specifically, these 
commenters objected to EPA developing a permit that applies not only to 
group applicants but also to facilities that did not participate in the 
group application process. Thus, many of these commenters are seeking 
credit for the costs they incurred in the preparation of group permit 
applications.
    A majority of the commenters expressed a desire for reduced 
monitoring as compensation for completing the sampling requirements and 
submitting the data for Part 1 and Part 2 of the application process. 
Specific suggestions included exemptions from one of the four samples 
taken during the first year, from the second year of monitoring, or 
from the first five years of monitoring. Other commenters suggested 
that EPA allow the monitoring requirements to be left to the discretion 
of the States and that civil fines be waived for inadvertent non-
compliance of group members. In response to these comments, EPA wants 
to clarify that it is not allowing exemptions from monitoring 
requirements based on whether a facility participated in the group 
application process. EPA based the monitoring requirements in the 
permit on data submitted during the application process and does not 
intend to allow those facilities to conduct less frequent monitoring 
because of their participation in the group application process. 
Rather, facilities that participated in the group application process 
are actually in a position to benefit from the permit in the sense that 
this permit is tailored directly to their industrial sector and is 
based specifically on information provided in their group application. 
Facilities that did not participate in group applications will be 
required to comply with the permit conditions regardless of their site-
specific circumstances.
    Many commenters also expressed concern that the multi-sector permit 
would be available to non-group members. Although EPA regrets that the 
group application process did not produce the results that some 
participants hoped for, it would be a misuse of tax dollars to limit 
coverage under the multi-sector permit to group members and then 
develop another permit for non-group members. However, EPA would like 
to point out that facilities that participated in the group application 
process are in compliance with the permit application requirements 
under the storm water program, whereas facilities that did not 
participate in a group application and that are not covered under 
another permit are not in compliance and remain subject to enforcement 
action until covered by a permit.
    Several other commenters suggested providing compensation for group 
members by waiving permit fees equal to the amount spent on data 
collection fees. In response, EPA is unable to devise an equitable 
manner for credit to be provided in this way.
    Finally, some commenters advocated that group members be either 
exempted from the NOI submittal requirement or allowed to at least 
submit one NOI for the group. Other commenters suggested that the dates 
for submitting NOIs be extended for group members and that previously 
submitted NOIs be accepted. In today's general permit requirements, EPA 
requires each facility seeking coverage under the permit to submit 
their own NOI form. This requirement allows EPA to successfully track 
every facility covered by the permit. It will also increase the 
likelihood that facility operators will read the permit and makes 
enforcement actions easier to implement. EPA believes this is a 
justifiable requirement because the NOI form is a simple one-page form 
that requires little effort to complete. 

[[Page 51071]]

    In summary, EPA believes that credit has been provided to the group 
application members through the group application process. This 
included a reduced burden in submitting a permit application over the 
individual application option and reduced storm water sampling 
requirements for the application. With industry-specific information 
upon which to base the proposed multi-sector storm water permit, group 
applicants will be issued a more applicable and tailored storm water 
discharge permit which better takes into account the characteristics of 
each industry sector.

Storm Water Runon

    The owner or operator of a regulated industrial facility with point 
source discharges of storm water is responsible for the storm water 
discharges that leave its property and enter waters of the U.S. or a 
municipal separate storm sewer system. There are instances, however, 
whereby the storm water that is discharged at least partially consists 
of storm water flowing onto the facility from a nearby facility or 
property (referred to here as ``runon'').
    Commenters have requested clarification of the permit language on 
the issue of runon. One commenter asked for a provision to be added to 
the permit that would relieve facilities from any responsibility for 
pollutants present in storm water runon which is eventually discharged 
from their property. The commenter also indicated that runon from 
adjacent sites cannot always be separated from onsite discharges.
    Today's general permit does not change the provisions related to 
runon. Facilities that discharge point sources of storm water 
associated with industrial activity, even if it includes offsite runon, 
remain responsible for the permitting of those discharges. Such 
facilities which seek coverage under today's permit must address storm 
water runon in their storm water pollution prevention plan (storm water 
pollution prevention plan). If a facility cannot effectively address 
the runon problem in their storm water pollution prevention plan, then 
the facility should contact their NPDES permitting authority for 
assistance on how to deal with the runon problem. In addition, the 
facility may chose to monitor the runon to document that the source of 
pollutants is offsite. By doing so, a facility with a runon problem may 
be better able to show that the pollutant source is offsite and that 
their pollution prevention plan is adequately addressing all onsite 
sources. Offsite facilities which are the source of the contaminated 
runon could be designated by the permitting authority as a co-permittee 
with the adjacent facility and jointly develop a storm water pollution 
prevention plan, and perform any monitoring which may be required to 
address the situation. They may also be designated as a separate 
permittee by the permitting authority.

Acceptance of Group Application in Lieu of an NOI

    A number of commenters suggest EPA exempt members of approved group 
applications from the Notice of Intent (NOI) submittal requirements. 
The commenters indicate these facilities should automatically be 
covered under today's permit because they have already satisfied the 
NPDES storm water application requirements.
    EPA cannot exempt members of the approved group application from 
the NOI submittal requirements. Federal regulations under 40 CFR 
122.28(b)(2) require an NOI for all NPDES general permits for the 
discharge of storm water associated with industrial activity. EPA 
cannot assume that all members of the approved group applications wish 
to be covered by today's permit, or that they satisfy the eligibility 
provisions of the permit.

Encourage NPDES States To Accept Group Applications

    Several commenters requested that EPA require or encourage NPDES-
authorized States to accept the group applications and/or issue permits 
based on the multi-sector model.
    EPA has, and continues, to encourage States to make use of the 
multi-sector general permit for permitting industrial activities. EPA 
has encouraged States by sending them the original permit and fact 
sheet and by supporting them with additional information necessary to 
issue the permit within their States. EPA has also given NPDES States 
databases of the group application members which allows each State to 
identify group applicants within their States. EPA will make available 
to all NPDES authorized States a copy of the final multi-sector general 
permit. In addition, EPA will make available group application 
information to any NPDES States that request it. However, EPA cannot 
require NPDES-authorized States to accept group applications and to 
utilize the multi-sector permit as a model for developing a State 
permit. This would be inconsistent with previously stated EPA position. 
The response to comments for the final storm water regulations (55 CFR 
48028) specifically noted that NPDES-authorized States were free to 
adopt the group application process, ``* * * but is not required to.'' 
EPA also recommended that ``(b)efore submitting a group application, 
facilities should ascertain from the State permitting authority whether 
that State intends to issue permits based on a group application * * 
*.'' The Agency believes general permits offer an efficient means of 
providing discharge permit coverage to a large number of facilities and 
that the multi-sector general permit represents an appropriate permit 
for the industries that were members of group applications. However, 
once the NPDES program is approved for a State, basic permitting 
decisions lie with the State.

Co-Located Industrial Activities

    A number of commenters expressed concern over the conditions in the 
permit which require facilities with multiple ``co-located'' industrial 
activities to comply with all industry sector requirements that are 
applicable to one or more of the industrial activities on their site. 
Commenters argue that given the large number of industry sectors and 
the complexity of the eligibility requirements, it will be difficult 
for facilities to determine which industry sector requirements apply. 
Commenters expressed concern that a permittee could unknowingly violate 
the permit conditions by failing to recognize that a portion of his/her 
facility is subject to another industry sector requirements. Commenters 
also stated that the cumulative burden of the monitoring and pollution 
prevention plan requirements for facilities with a number of industrial 
activities would be excessive.
    In response to these concerns, EPA has modified those sections of 
today's permit addressing co-located activities to reduce confusion 
that could arise from the co-located conditions as proposed. However, 
under today's permit facilities with multiple industrial activities are 
still required to prepare and implement a pollution prevention plan 
which addresses the requirements of all the applicable industry sector 
requirements. These facilities are also required to comply with the 
industry sector monitoring requirements on an outfall by outfall basis. 
The intent of today's permit remains the same, which was to require 
pollution prevention plan measures and storm water monitoring which 
specifically addresses the pollutant sources at the permitted industry 
facility. Operators of facilities with multiple industrial activities 
will need to carefully and completely review the permit and fact sheet 
to determine all necessary applicable terms and 

[[Page 51072]]
conditions. EPA believes the sector descriptions are clear. Application 
of the sector descriptions to co-located activities is within the scope 
of responsibilities of a permittee under the NPDES program and does not 
place an undue burden on the facility operator. For clarification, with 
co-located industrial activities, still only one storm water pollution 
prevention plan is required for the facility. Monitoring requirements 
for each outfall will not be duplicative but will be complementary. If 
the same pollutant is required to be monitored in two different sectors 
for industrial activities found on the site, if the industrial 
activities drain to the same storm water outfall, only one sample and 
analytical measurement for that pollutant is necessary.

Notice of Intent Submission Requirements

    A number of commenters expressed concern over the requirement in 
the proposed permit for submission of a Notice of Intent (NOI) when 
there is a change in the operator of the facility. The proposed permit 
required the new operator to submit an NOI 2 days prior to the transfer 
of operations. The commenters opposed this time frame for submittal of 
the NOI, stating that the purchaser of an industrial activity will not 
be able to complete the NOI or prepare a Storm Water Pollution 
Prevention Plan in advance of the property transfer. The commenters 
suggested different time frames for submittal of an NOI which ranged 
from 30 to 120 days after the transfer of operations.
    Today's permit retains the requirement that new operators notify 
EPA at least 2 days in advance of a transfer of operator responsibility 
for an industrial activity. EPA believes that the simple information 
required for completion of the NOI can easily be obtained by the 
purchaser in advance of the actual property transfer. Operators of 
recently purchased facilities which discharge storm water associated 
with industrial activity without an NPDES permit would be in violation 
of the Clean Water Act.
    In addition to submitting the NOI two days prior, new operators 
which assume ownership of an industrial facility without a break in 
operations must continue to implement the Storm Water Pollution 
Prevention Plan prepared by the previous operator, otherwise failure to 
do so would constitute a violation of the NPDES storm water general 
permit conditions. These facilities may subsequently modify the storm 
water pollution prevention plan to accommodate any changes in operation 
which they choose to make, provided the storm water pollution 
prevention plan still meets all requirements of the permit.

Submission of a Copy of the Notice of Intent (NOI) to the Operator of 
the Municipal Separate Storm Sewer

    Several commenters opposed the requirement for facilities which 
discharge to Municipal Separate Storm Sewers (MS4) to submit a copy of 
the NOI to the operator of the MS4. The commenters argue that 
submitting the notice places an additional paperwork burden upon the 
facilities. Others argue that the submission is unnecessary because all 
industrial activities discharging to MS4's were required to notify 
their municipalities prior to May 15, 1991. Finally one commenter 
stated that there would be no benefit from facilities covered under 
this permit notifying municipalities since facilities covered under 
other general permits or individual permits would not be required to 
notify the MS4 operator.
    Today's permit retains the requirement for facilities which 
discharge to a MS4 to send a copy of the NOI to the operator of the 
MS4. This requirement is retained as a provision to assist 
municipalities comply with the anticipated requirements of their NPDES 
permits. This will be a key piece of information for municipalities to 
identify industrial discharges to their MS4s as required under 40 CFR 
122.26. Through submittal of the NOI to the MS4, municipalities can 
keep an up-to-date inventory of storm water discharges associated with 
industrial activity that discharge to the system. From this inventory, 
municipalities may (as a part of their storm water management plan 
activities) review industrial pollution prevention plans of the 
industries which discharge to their system. EPA does not believe this 
requirement presents a significant paperwork burden for the facility 
since the facility is simply required to make an additional copy of the 
one page NOI form, which they send to EPA, and send that copy to the 
operator of the MS4. This requirement is a provision of EPA's baseline 
general permit and is also a requirement of most individual permits 
issued to industrial dischargers where the permitting authority 
determines it is necessary. Making use of information from a previous 
notification done in 1991 would not allow the municipality to keep 
their industrial inventory up-to-date.

Prohibition of Non-Storm Water Discharges

    A number of the comments received discussed the prohibition of non-
storm water discharges contained in the permit. The multi-sector permit 
authorizes some non-storm water discharges. These discharges include 
those from firefighting activities; firehydrant 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; 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. The non-storm water discharges 
must be identified within the storm water pollution prevention plan to 
be authorized under this permit. All other non-storm water discharges 
including vehicle and equipment wash water, boiler blow down, and steam 
condensate are excluded from coverage under today's permit and must be 
covered under a separate NPDES permit. Today's permit requires that a 
facility certify that the presence of non-storm water discharges has 
been tested for at its outfalls and that an inventory of the locations 
of the outfalls with non-storm water discharges has been conducted.
    EPA received several comments requesting that additional non-storm 
water discharges be authorized by the multi-sector permit. These 
discharges included those from vehicle washing that did not use 
detergents, air compressor condensate, discharges from drinking 
fountains and clean water discharges from holding tanks. EPA has 
reviewed the requests for additional allowable non-storm water 
discharges and determined that air compressor condensate and drinking 
fountain water are not expected to contain pollutants and will be added 
to the list of allowable non-storm water discharges covered by today's 
permit. Other non-storm water discharges such as vehicle wash waters, 
regardless of detergent usage, and holding tank discharges are not 
covered by today's permit since there is a significant potential for 
these types of discharges to be contaminated. Such non-storm water 
discharges should be authorized under another NPDES permit.
    Several commenters also requested modification to the requirement 
that 

[[Page 51073]]
building and pavement wash water discharge only be allowed under the 
permit where there has been no past spill or leaks or where all spilled 
material has been removed. The commenters indicated that it was not 
reasonable to require all residue to be removed. Commenters requested a 
more reasonable cleanup standard. EPA has not modified this provision 
in today's permit. The non-storm water discharges covered by today's 
permit are eligible because EPA believes these discharges will not 
contain contamination. To the contrary, there is a significant 
possibility that pavement or building wash water from an area in which 
a pollutant residue remains will contain pollutants which would then be 
discharged. Such discharges, if they are not completely cleaned up, are 
required to be permitted, but under a separate NPDES permit. If such 
discharges are numerous at a facility, the operator of the facility may 
find it advantageous to apply for an individual NPDES permit which 
could cover these types of discharges in addition to the storm water 
and process discharges that may be present. Under any permitting 
scenario, however, the preferential environmental result is to remove 
the residual contamination and prevent the contamination of storm water 
runoff.

Releases in Excess of Reportable Quantities

    Under the proposed permit permittees were required to report 
releases of hazardous substances as required under 40 CFR 117 and 40 
CFR 302 that exceed a reportable quantity (RQ). If the spill exceeds 
the RQ the facility must report the spill to the National Response 
Center, modify the storm water pollution prevention plan, and notify 
EPA in writing of the nature of the spill. The permit further required 
facilities to minimize the discharges of these substances in storm 
water through the implementation of applicable best management 
practices. When releases do occur, the facilities are required to 
submit a written report which outlines the steps to be taken to reduce 
the chance of further spills in the future. Commenters were concerned 
about how to interpret the reporting requirements for RQ releases. For 
instance, at an airport, if individual airlines release ethylene glycol 
at levels below the RQ, then is the combined discharge from several 
airlines considered reportable? Commenters also wanted clarification on 
what constituted a significant spill or leak. Is the spillage of two 
cups of oil significant if it causes a visible sheen?
    Today's permit requires each individual permittee to report spills 
equal to or exceeding the RQ levels specified at 40 CFR 110, 117, and 
302. If an airport authority is the sole permittee, then the sum total 
of all spills at the airport would be assessed against the RQ. If the 
airport authority is a co-permittee with other permittees at the 
airport, such as numerous different airlines, the assessed amount would 
be the summation of all spills by each co-permittee. If separate, 
distinct individual permittees exist at the airport, then the amount 
spilled by each separate permittee is the assessed amount for RQ 
determination. These facilities must follow the necessary procedures 
for reporting spills or leaks equal to or exceeding the RQ level. Where 
a sole permittee is identified, this permittee would report. Where co-
permittees are present, the co-permittees should identify in their 
pollution prevention plan for the airport who the responsible party is 
for reporting purposes, otherwise all co-permittees are responsible. In 
relation to the RQ for oil, quantity does not necessarily matter. The 
oil RQ is a visible sheen or slick and if such is produced by a spill 
of oil then the RQ has been exceeded.

Non-Storm Water Discharge Certification

    Many commenters felt that the storm water pollution prevention 
plans should not include an inventory of non-storm water discharges or 
the NPDES permit numbers that cover those discharges. Today's permit 
does not require the permittee to list the NPDES permit numbers for the 
separately permitted non-storm water discharges, however, the permit 
does require that facilities identify the potential sources of the non-
storm water discharges. The list of potential sources will assist the 
operator in efforts to eliminate or redirect non-storm water 
discharges.

Deadlines for Preparation, Implementation and Revisions to the Storm 
Water Pollution Prevention Plan

    The proposed multi-sector permit currently requires that all 
facilities certify that they have prepared and implemented a storm 
water pollution prevention plan in accordance with part IV of the 
permit. For existing facilities, the storm water pollution prevention 
plan must be prepared and implemented within 270 days after permit 
issuance. New facilities must have prepared and implemented the storm 
water pollution prevention plan prior to submitting the NOI. Where 
construction is necessary to implement the plan, the facility should 
complete construction as soon as possible, but has up to a maximum of 3 
years to comply with the plan. There is also a provision for an 
extension of the deadline for implementation of the storm water 
pollution prevention plan where the Director may establish a later date 
for compliance with the plan where a facility can show good cause.
    Oil and gas facilities which have discharges of reportable 
quantities of oil or a hazardous substance will be required to develop 
and implement a plan on or before 60 days after first knowledge of a 
release. EPA requested comment as to whether the multi-sector permit 
should require all permittees to submit certification that the storm 
water pollution prevention plan has been prepared and implemented in 
accordance with the terms and conditions of the permit. The proposed 
permit also would have required any needed revisions of the plan to be 
developed within 2 weeks of the Comprehensive Site Compliance 
Evaluation and implemented no more than 12 weeks after the inspection.
    In general, commenters indicated that they needed more time to 
develop and implement the storm water pollution prevention plan 
properly because of the complexity and resources involved. These 
commenters were commenting on both new and existing facility 
requirements. Five commenters did not like the deadlines for 
development and implementation of a storm water pollution prevention 
plan in the multi-sector permit because these deadlines were 
inconsistent with EPA's baseline storm water general permit. They 
argued that the multi-sector permit should allow the same time frame of 
6 months from the effective date of the permit to develop the plan with 
360 days for implementation. Four commenters argued that new facilities 
should not have to certify that their storm water pollution prevention 
plan is complete at the time of NOI submittal. They felt that new 
facilities should be afforded the same compliance deadline as the 
existing facilities which are given 270 days. One commenter suggested 
that a more reasonable cut-off time be established for new facilities 
when the storm water pollution prevention plan would be required to be 
developed and implemented prior to the NOI. Another commenter argued 
that new facilities should be given 6 months after submittal of the NOI 
to develop and implement the plan to allow for the evaluation of plan 
needs while the facility is in operation. One commenter felt that a 
minimum of 90 days would be needed for smaller facilities for internal 
development and training under the storm water pollution prevention 
plan. Another commenter 

[[Page 51074]]
argued that in order to develop an appropriate and effective storm 
water pollution prevention plan it is necessary to evaluate the 
facility while in operation. This commenter therefore suggested that 
new facilities be allowed six months to develop a storm water pollution 
prevention plan. One commenter stated that large waste water treatment 
plants need more than 270 days just to prepare the storm water 
pollution prevention plan and to get additional funding for the non-
storm water discharge certification provisions. In addition, some 
commenters did not agree that the plan should be implemented within the 
same time frame as it is developed. They suggested a year for 
implementation. Another commenter would prefer a deadline of 14 months 
to develop and implement a storm water pollution prevention plan, 
arguing that companies that have many facilities, such as the freight 
industry, may be required to develop and implement upwards of 500 plans 
in the 270 days. Scrap processing and recycling facilities want longer 
than the 270 days (such as three years) for the implementation of 
treatment BMPs exceeding $10,000 in cost, otherwise they argued that 
financial hardships would result. One commenter argued that facilities 
originally part of the group application process, who will now be 
submitting an NOI to be covered under the baseline general permit, 
should be given the same 180 to 270 days to develop and implement the 
storm water pollution prevention plan as those who will submit NOI's 
for coverage under the multi-sector permit.
    A few commenters commented upon the 3-year time frame to implement 
BMPs requiring construction. One commenter suggested 5 years to 
construct storm water control measures with 50% construction at 2 
years, 75% at 3 years and 100% at 5 years. One commenter also commented 
that 3 years was not enough time to construct controls under the storm 
water pollution prevention plan for federal facilities. At federal 
facilities funding for construction is awarded in a 5-year process. Two 
organizations commented on the time frames for modifications to the 
storm water pollution prevention plan after the site compliance 
evaluation. They argue that 12 weeks for implementation of necessary 
changes is not practical because they may require engineering design 
and construction. One commenter suggested that a period of 1 year be 
allowed for changes requiring facility modification.
    EPA does not agree with the numerous comments on the deadlines for 
development and implementation of a pollution prevention plan, and has 
decided to maintain the deadlines as proposed in the multi-sector 
permit for the development, implementation, and modification of the 
storm water pollution prevention plan. EPA believes that 9 months is 
adequate time for facilities to develop and implement storm water BMPs 
that do not require construction and for those that do, up to 3 years 
is sufficient. EPA has issued guidance on developing storm water 
pollution prevention plans for industrial activities, and this guidance 
is readily available. In addition, the multi-sector permit fact sheet 
provides an extensive amount of information on the types of industry-
specific BMPs that can be implemented by facilities in each of the 29 
sectors. Those facilities that cannot meet those deadlines may apply, 
on a case-by-case basis for an extension of the timeframes as specified 
in the permit.
    Most new facilities should have no problem developing and 
implementing their storm water pollution prevention plans prior to the 
submittal of their NOI and the start of operations. Subsequent site 
compliance evaluations may show that modifications are needed based on 
operations at the new facility, however, they will have the additional 
12 weeks after the inspection to implement the needed changes.

Certification of the Storm Water Pollution Prevention Plan

    The proposed multi-sector permit requests comment on requiring all 
permittees to submit a certification to EPA upon completion and 
implementation of the storm water pollution prevention plan. Most 
commenters were against submitting a certification statement confirming 
the completion of the storm water pollution prevention plan. Comments 
indicated that the certification statement would put an unnecessary 
burden on the facilities. Commenters felt that when the NOI is signed 
and submitted, the permittee is certifying that he/she will comply with 
all applicable permit conditions including the development and 
implementation of a storm water pollution prevention plan. However, 
some commenters felt that submitting the certification would help 
facilities effectively plan the development of their storm water 
pollution prevention plans.
    Today's permit does not require all facilities under the multi-
sector permit to provide a certification upon implementation of their 
storm water pollution prevention plans. EPA agrees with the commenters 
that by signing the NOI form, permittees are agreeing to comply with 
all permit conditions within the specified deadlines of the permit. 
This includes developing and implementing a storm water pollution 
prevention plan within 270 days after permit finalization for pre-
existing facilities or prior to operation for new facilities. EPA 
reserves the right to request a copy of the completed storm water 
pollution prevention plan at any time and failure to comply would be a 
permit violation. EPA also notes that under CWA Section 402(j), permit 
applications and permits must be available to the public. Because the 
storm water pollution prevention plan constitutes a portion of the 
permit, such plans must be publicly available. Accordingly, EPA will 
contact permittees as necessary to make such plans available.

Identification of Outfall and Sampling Locations, and Types of 
Discharges Contained in Outfalls

    The pollution prevention plan requirements under the proposed 
multi-sector permit includes the development of a site map. This site 
map must denote certain site characteristics, such as the pattern of 
storm water drainage, structural features that control pollutants in 
runoff, and places where significant materials are exposed to storm 
water. EPA requested comment as to whether the final permit should 
require that the site map indicate the outfall locations, sampling 
locations, and types of discharges contained in the outfalls.
    A slim majority of the comments received indicate that the 
additional requirements should not be included in the final permit. 
Commenters believed the requirements, if adopted, could confuse users 
by cluttering the map, and would be a duplication of information that 
is required under other sections of the pollution prevention plan. In 
addition, several commenters stated that sampling locations may vary, 
depending upon factors such as the amount of rain, safety 
considerations, and activities occurring at the facility. Commenters 
argued that to continually revise the map to include these changes 
would place an unnecessary burden on the facility.
    Commenters in favor of the additional requirements stated that the 
information will assist users that did not participate in the 
development of the site map. In addition, the map would be a good tool 
for training new employees. Commenters note that these requirements 
should be limited to outfalls covered under this permit, not others, 
such as those discharging to POTWs or those covered under separate 

[[Page 51075]]
NPDES permits. Also, it may be more efficient to document some of the 
information on a key to the map or in a separate attachment. This would 
make the map easier to read and avoid the problem of clutter.
    Today's permit requires permittees to indicate, on the site map, 
the location of all outfalls covered under the final permit. In 
addition, the facility must prepare an inventory of the types of 
discharges contained in each outfall (e.g., storm water and air 
conditioner condensate). This inventory, however, may be kept as an 
attachment to the site map. Basic information on the discharge points 
that are to be covered under the permit should be readily accessible. 
EPA believes that denoting the location of the outfalls is important to 
the permittee and will assist in determining potential pollutant 
sources for each outfall. EPA believes the benefit of doing so 
outweighs the problems pointed out by the commenters.

Inventory of Significant Materials and Significant Spills and Leaks 
Within the Past Three Years

    The proposed multi-sector permit required that facilities prepare 
an inventory of significant materials that are or have been exposed to 
storm water discharges within the past three years. Facilities were 
also required to provide a list of significant spills and/or leaks 
within the past three years. Both these items must be included within 
the storm water pollution prevention plan with a description of the 
BMPs used to prevent exposure of such leaks or spills to storm water 
discharges.
    Commenters stated that such inventories would be burdensome to 
compile. Commenters felt that facilities would not have this 
information readily available, especially recently acquired facilities. 
In lieu of preparing the inventories to cover activities within the 
past three years, commenters wanted inventories to be prepared from the 
effective date of the permit.
    Residuals from the leaks and spills may be a major source of 
contamination of storm water discharges. EPA believes that it is 
important for facilities to develop inventories of significant 
materials and past significant spills and leaks. These inventories will 
help facilities identify the areas where best management practices 
should be implemented and is an integral part of storm water pollution 
prevention. EPA believes that this information is available to 
facilities and can be readily compiled from existing records. EPA does 
not believe this requirement represents an undue burden upon the 
permittee. In addition, this requirement is commonly included within 
other issued NPDES storm water permits, therefore EPA is retaining this 
requirement in the final multi-sector storm water general permit.

Employee Training Requirements

    The proposed multi-sector permit requested comment on whether a 
minimum training frequency of once per year should be specified for all 
industry sectors. Employee training is an effective tool in prevention 
pollution of storm water discharges. Employees that have been taught 
the importance of the pollution prevention plan measures and controls 
are more likely to thoroughly implement and continually maintain them. 
The training program is required to be described within the facility's 
pollution prevention plan and is applicable to all employees (including 
contractor personnel where relevant). Typical topics to be addressed 
include good housekeeping, materials management, and spill response 
procedures.
    Many commenters supported the annual training requirement offered 
by EPA and one commenter felt that the training requirements were too 
high. However, most comments indicated that the training requirements 
should be more flexible. For instance, training should be based on the 
industrial activity and the complexity of the storm water pollution 
prevention plan which will affect how often an employee training 
program is necessary. This flexibility will ensure that training occurs 
only when necessary and may lessen the burden on those facilities that 
find training to be too burdensome.
    To provide additional flexibility as the commenters suggested, 
today's permit includes training requirements that are sector-specific 
depending upon the needs assessed for each industry sector. Sectors 
with industrial activities that have a significant potential for storm 
water contamination to occur for reasons such as; operator error, lack 
of understanding of the operation of storm water controls, the need for 
frequent routine maintenance, the frequent changing of processes 
conducted outdoors, etc., will warrant some frequency of training. 
These types of facilities must conduct employee training at appropriate 
intervals which they determine necessary based upon these factors and 
others such as the number of employees, the complexity and types of 
pollution prevention measures and the rate of employee turnover.

Guidance for Storm Water Pollution Prevention Plan Development

    Several commenters requested guidance on how to develop storm water 
pollution prevention plans and how to educate employees on storm water 
pollution prevention plan implementation. This information has already 
been prepared by EPA and is readily available. EPA published a guidance 
manual for storm water pollution prevention plan development and 
implementation in September 1992. The guidance manual, Storm Water 
Management for Industrial Activities, Developing Pollution Prevention 
Plans and Best Management Practices (EPA 832/R-92-006), was written to 
provide guidance for those facilities covered under the baseline 
general permit. However, the storm water pollution prevention plan 
requirements are similar and the manual is applicable for those who 
will be covered under the multi-sector permit. EPA also prepared a 
companion guidance document for construction activities, entitled Storm 
Water Management for Construction Activities, Developing Pollution 
Prevention Plans and Best Management Practices (EPA 832/R-92-005). This 
document is also available from EPA.

Monitoring Requirements

Benchmarks

    The proposed multi-sector permit describes ``pollutant benchmark 
values'' (See Table 7, 58 FR 61169) which were used by EPA to determine 
the analytical monitoring conditions in the proposed permit. The 
benchmarks are also to be used by permittees who are required to 
conduct monitoring for comparison to determine if they qualify for the 
low concentration waiver. The standards are based primarily upon EPA 
Recommended Ambient Water Quality Criteria (Gold Book) values for toxic 
pollutants, and certain others, and NURP median concentrations for most 
conventional pollutants.
    The benchmark values were used in two ways in the proposed permit. 
First, they were used as a standard of comparison against the median 
industry concentration for each pollutant that was sampled during the 
application process. If a median pollutant concentration in the 
sampling data for an industry sector was above the benchmark values it 
was considered a pollutant of concern for the industry sector. Under 
the proposed permit, when five or more median pollutant concentrations 
were higher than the benchmark values, the industry sector was required 
to perform analytical 

[[Page 51076]]
monitoring under the terms of the proposed permit.
    Second, the benchmark values were used as a standard of comparison 
for an individual permitted facility that wishes to qualify for the low 
concentration waiver to be relieved from monitoring in the fourth year 
of the permit (monitoring cut-off values). The permittee would conduct 
storm water sampling as required under the permit in the second year of 
coverage. From this data, the permittee would average the pollutant 
concentrations for each monitored pollutant and would then compare 
these averages against the monitoring cut-off values. If the average 
concentrations were below the cut-off values then the permittee would 
be relieved from monitoring in the fourth year of the permit on the 
conclusion that the pollution prevention plan was effective in 
controlling the discharge of the storm water pollutants of concern.
    Although most commenters favored the concept of an incentive 
approach to monitoring, if monitoring had to be required, a significant 
number of commenters indicated that the benchmark concentrations/
monitoring cut-off values were inappropriate. Reasons given for this 
comment include the following: (1) The use of water quality criteria is 
an inappropriate comparison for discharge data, because it does not 
consider dilution of the discharge in the receiving water; (2) 
benchmarks should be determined based upon local conditions not by 
using national standards; (3) EPA should not use NURP median 
concentrations as benchmark values. These values have no bearing to 
industrial storm water discharge or to water quality; (4) several of 
the benchmark values are below the method detection limit (e.g., 
arsenic) and would therefore be impossible to achieve; (5) other 
benchmark values are far too stringent, (some are even lower than 
drinking water standards) and runoff from industrial areas would not 
meet these benchmarks; (6) many of the commenters were concerned that 
the benchmark concentrations are, or will become storm water effluent 
limitations.
    Under today's final permit, EPA continues to use benchmark 
concentrations as a means for selecting priority industries for 
analytical monitoring and as a means for determining if the facility is 
eligible for a sampling waiver in the fourth year of permit coverage. 
However, because of the comments received, the basis for development of 
the benchmarks/monitoring cut-off values has been re-evaluated by EPA.
    The revised benchmarks/monitoring cut-off values and the basis for 
these are presented in the Fact Sheet to today's permit. Changes made 
to the benchmarks/monitoring cut-off values to address the concerns 
expressed in the comments are summarized below.
    Conventional Pollutants: NURP median data for conventionals have 
been replaced as benchmark values and monitoring cut-off values for all 
conventional pollutants except TSS and nitrate plus nitrite nitrogen. 
The replacement conventional benchmarks are based upon pollutant 
concentration levels required under the secondary treatment 
regulations, North Carolina water quality standards and existing storm 
water effluent guidelines. In most cases, the final benchmarks for 
conventionals/monitoring cut-off values are at higher concentration 
levels than the benchmarks in the proposed permit.
    Non-Conventional-Inorganic: Acute water quality criteria based upon 
human consumption (where acute values do not exist) will be retained as 
benchmarks and monitoring cut-off concentrations for parameters if the 
values are not lower than method detection limits. Where the values are 
lower than the method detection limits, the benchmark has been replaced 
by the minimum level. A minimum level for such a pollutant is the 
method detection level multiplied by a factor of 3.18. The factor of 
3.18 has been determined by EPA to be the most appropriate level above 
the detection level (for most pollutants) at which reliable 
quantitation of the pollutant can be analytically accomplished.
    Non-Conventional-Organic: Water quality criteria values based on 
human consumption values are now used as benchmarks. Acute water 
quality criteria for these pollutants are generally too high to be used 
as benchmark values.
    EPA believes that the revised pollutant benchmarks represent a 
reasonable standard of comparison for industrial storm water discharges 
for the two principle purposes described above. All levels are above 
the method detection limits for the respective parameters and provide a 
reasonable target for controlling storm water contamination by 
pollution prevention plans.
    EPA emphasizes that the pollutant benchmark concentrations are not 
storm water effluent limitations, they are simply standards of 
comparison or targets by which EPA determined if discharges from an 
industry sector or facility merit monitoring under the terms of the 
permit. Facilities are not required to meet these concentrations as 
effluent limitations in their discharges. The benchmarks are designed 
to assist facility operators in determining if their pollution 
prevention plans are reducing pollutant concentrations to below levels 
of concern. Given the purpose of these benchmarks/monitoring cut-off 
values, EPA does not believe that dilution or background concentrations 
of each pollutant need to be considered. The monitoring benchmark 
cutoff values are not effluent limitations. For this same reason, local 
conditions do not need to be considered.
    Facilities wishing to obtain a permit which considers their local 
conditions have the option of not seeking coverage under this multi-
sector general permit but may submit an individual permit application 
to their applicable EPA permitting authority.

Minimum Required Data Needed for Pollutants To Be Analyzed for 
Monitoring

    When determining industry-specific monitoring requirements for 
facilities under the multi-sector permit, EPA performed statistical 
analyses on pollutant data submitted in the group applications. For 
pollutants of potential concern, (those with at least three 
observations (outfall samples) within an industrial sector), EPA 
compared the median values to the benchmark values to determine a 
potential pollutant for monitoring.
    Commenters felt that three observations of a parameter per sector 
was not a fair minimum representation for the facilities within a 
sector since the pollutants may all be showing up at three outfalls at 
only one facility and this facility may not be representative of an 
entire industry sector. Commenters argued that a parameter should only 
be considered as a pollutant of concern if it is observed at some 
significant percentage of the sites sampled within the sector. Other 
commenters stated that the minimum should be based upon at least three 
separate facilities instead of outfalls. An entire sector should not be 
required to monitor based upon the information received from one 
facility that sampled three outfalls.
    EPA agrees with the commenters and the methodology for developing 
monitoring requirements for today's permit has been revised. In the 
methodology used for the monitoring provisions for the final permit, 
EPA only considers a pollutant to be of concern where 3 separate 
facilities submitted data within a subsector or sector.
    Under the methodology for the proposed permit it was possible for 
an entire sector to be required to monitor 

[[Page 51077]]
based upon the data submitted by one facility with three outfalls and 
EPA agrees that one facility should not be considered necessarily 
representative of an entire industry sector for the purposes of 
determining the need to monitor. If three facilities which discharge a 
pollutant, however, the pollutant is not unique to a particular 
facility and is indicative of the industrial activities conducted in 
the industry sector or subsector. EPA conducted the monitoring 
evaluation assuming both a normal distribution and a lognormal 
distribution of the data set. The results were not significantly 
different.

Quality of the Part II Database

    The Part 2 group application database includes Part 2 monitoring 
data from participants which participated in the group application 
process. Statistical analyses (e.g., mean, median, 95th percentile, and 
99th percentile values) of this data was conducted for each parameter 
within every industrial sector. These analyses were conducted assuming 
both a normal distribution to the data and a lognormal distribution. 
The results of the analyses were used in the methodology to determine 
the proposed monitoring requirements.
    Several commenters stated that the database, which only included 
monitoring data received prior to January 1, 1993, was incomplete and/
or contained errors. The commenters stated that the database should be 
expanded to include all the group application data, as well as further 
reviewed to eliminate duplications and inaccuracies. Other commenters 
requested that the methods used to develop the statistical evaluation 
of the data be revamped (e.g., use a lognormal distribution of the 
data). In addition, a few commenters stated that the analysis did not 
properly consider facilities which did not submit data for a pollutant 
listed in Part C of the Form 2F since these facilities had no reason to 
believe the pollutant was present in their discharge. Therefore, the 
commenters argued, EPA's analysis should assume that the discharge 
concentration of these pollutants is zero.
    EPA has again reviewed and double-checked the monitoring data 
analyzed for the development of the permit. EPA concludes that the 
monitoring data analyzed is representative of the industries evaluated. 
EPA analyzed data which was submitted months after the application 
deadline for the purpose of identifying pollutants of concern and 
developing monitoring requirements. In addition, on a sector-by-sector 
basis, EPA reviewed data that was submitted late to determine if the 
additional data was consistent with what had already been evaluated. 
Given this extra level of effort to analyze and consider all submitted 
data, even though some data was not loaded into the database that was 
publicly distributed, EPA believes that the analyses performed on the 
group application sampling data, and the results that were derived, are 
valid and reasonable.
    EPA also believes that the concerns raised by commenters about the 
number of duplications and errors contained in the database which was 
distributed, is no longer warranted in that as errors were noted, EPA 
further screened and corrected the database. In response to the 
recommendation from commenters that a zero concentration value should 
be entered into the database every time a facility did not sample for a 
given pollutant because they did not believe it was present on their 
site, EPA does not agree. Obviously, assuming zero concentrations for 
these facilities would significantly reduce the mean and median 
concentrations. This would be imposing a major, unsupported assumption 
into the database. It cannot be assumed that facilities which did not 
submit data for a part B or C pollutant have a discharge concentration 
of zero for that pollutant. Facilities which did not sample for a 
pollutant because they did not believe it was present, may not have 
adequately considered all potential sources of these pollutants. In 
addition, facilities that did sample were supposed to be representative 
of the entire group in which they were located. This was a process 
determined by the group applicants themselves, with approval from EPA. 
Therefore, where facilities did sample and report for a given 
pollutant, and other facilities in the group did not, it could be 
assumed that the pollutant really was present at all other facilities. 
To be more accurate and unbiased in the analyses of the data, EPA chose 
not to assume either a zero value or an extrapolated value for 
pollutants that were not analyzed for by some facilities within a 
sector. EPA analyzed only actual data points that were submitted. Where 
a pollutant was tested for, and the result was below detection levels, 
EPA assumed these data points to be zero values for the pollutant.

Establishing Priority Monitoring Sectors

    The multi-sector permit requires analytical monitoring only for 
`priority' sectors. A sector was considered a `priority' if, based on 
the Part II data for the sector, five or more pollutants sampled for 
had median concentrations above benchmark values. If the sector had 
median values greater than benchmark values for four or less 
parameters, only visual examinations would need to be conducted.
    Several commenters stated that the methodology employed for 
establishing priority sectors was arbitrary and/or flawed (i.e there is 
no basis for choosing five as the number of parameters needed to be 
above benchmark levels to trigger sampling). Others indicated that the 
approach did not consider the relative impacts (e.g., toxicity) of the 
pollutants on receiving waters. Commenters also indicated that it was 
inappropriate to group together a wide range of industrial activity 
discharge data into one industry sector, and to use that data as a 
basis for comparison.
    In response to these comments, EPA has revised the methodology for 
selecting which industries must conduct analytical monitoring. EPA 
reviewed the grouping of industries into sectors for statistical 
analysis. It was determined that in some cases a sector contained a 
grouping of industrial activities which may have different storm water 
discharges. In these cases EPA modified its analysis to statistically 
summarize the industry by subsectors. Division into industry sub-
sectors was prepared in most cases based upon the three digit SIC codes 
provided by the group participants in their group application 
information. The results of the subsector analysis of the data were 
then used for comparison to the revised benchmarks (discussed above).
    Today's permit also eliminates the five pollutant threshold for 
determining if a sector merited monitoring. For each subsector (or 
sector where it was not possible to further divide the sector into 
subsectors) EPA compared, on a pollutant by pollutant basis, the median 
concentration to the benchmark. Where the median concentration for a 
pollutant is higher than the benchmark, where there are likely sources 
of the pollutant associated with the industrial activity, and where the 
concentrations are high enough so as not to be due to ``background'' or 
natural sources, the subsector (or sector) is required to conduct 
analytical monitoring for the listed pollutant. This methodology is 
pollutant-specific and addresses the concerns that some commenters had 
that some industries within a sector may be inherently clean compared 
to other industries in the same sector. In addition, this approach is 
more environmentally protective in that the number of different 
pollutants in a discharge does not necessarily increase the risk posed 
by that discharge. It is possible that a receiving water may be 
significantly impacted by a discharge 

[[Page 51078]]
containing a high concentration of just one pollutant and therefore 
monitoring should be conducted to determine if controls are adequately 
reducing the levels of the discharge.

Selection of Additional High Priority Sectors Based Upon Factors Other 
Than Sampling Data

    When determining industry-specific monitoring requirements for 
facilities under the multi-sector permit, EPA identified three 
additional industry sectors based upon a review of the degree of 
exposure, types of materials exposed, and the need for more sampling 
data than what was submitted in the group application. The industry 
sectors identified are hazardous waste treatment, storage and disposal 
facilities (TSDFs), auto salvage yards and airports.
    Commenters felt that selection of these industries as priority 
sectors was arbitrary, particularly for those sectors where it was 
determined that the monitoring data submitted was not adequate 
(automobile salvage yards and airports). Under today's permit EPA is 
continuing to require monitoring for these three sectors which were 
selected based upon criteria other than the methodology employing the 
part 2 sampling data. It is EPA's best professional judgement that 
these industries merit further monitoring based on anticipated presence 
of significant pollutants. The data submitted was insufficient to 
disprove the EPA conclusion that these types of facilities have a 
significant potential to discharge contaminants. EPA believes the data 
submitted for these industries is insufficient and not representative 
of the discharges from the facilities and therefore additional data 
should be collected.

Should the Multi-Sector Permit Require Facilities That Must Monitor for 
Total Recoverable Metals To Also Monitor for pH?

    Not all sectors of the proposed multi-sector permit require 
facilities that must monitor for total recoverable metals to also 
monitor for pH. Because it is known that the toxicity of metals is 
affected in part by pH, EPA requested comment as to whether to add pH 
to the list of parameters to be monitored in those sectors where total 
recoverable metals are also being chemically monitored.
    Several commenters agreed with the addition of pH as a parameter 
that should be measured for all sectors where monitoring of a total 
recoverable metal is required. These commenters argued that it is not 
an expensive burden, requires little effort, and the data is needed to 
evaluate the impact of metals in the storm water discharge. One 
commenter stated that monitoring of pH would be appropriate since the 
pH of local rainfalls varies by the particular region where a facility 
is located. One commenter supported the use of this parameter only if 
toxicity changes in the metals could be demonstrated to occur at pH 
values presented in the group data. Several commenters stated that 
rather than the pH of the discharge being monitored that it is the pH 
of the receiving stream that is of critical concern. One commenter 
supported the monitoring of this parameter only if the EPA granted 
facilities the option of monitoring for other total recoverable metals 
or dissolved metals.
    One commenter stated that monitoring of pH would only be necessary 
if pH in the receiving water is a problem and should be considered only 
after the total loading of an entire watershed is established showing 
that fluctuations in pH are not the result of pollutants from 
industrial activities, but are from sources such as acid rain. One 
commenter stated that they have performed studies which show that pH is 
not a concern for the food and kindred products sector.
    The majority of the commenters were opposed to the blanket 
requirement to monitor pH whenever total recoverable metals were 
required to be monitored. The opposition was mainly due to the inherent 
problems associated with acid rain and in evaluating and linking the 
cause of toxicity to industrial activities and the associated storm 
water discharge. Several commenters strongly opposed a requirement to 
monitor pH believing it to be unnecessary. Many of those opposed felt 
the analysis should be left to the discretion of the facility in the 
development of their storm water pollution prevention plan.
    EPA will not require facilities to also monitor pH for every sector 
that must monitor total recoverable metals. Rather, the decision will 
be left to the discretion of the facility or will be specifically 
required within a sector for other reasons. Monitoring the pH of the 
storm water may not provide an indication of the effectiveness of the 
storm water pollution prevention plan because of the influences of 
factors other than the facility's industrial activities on the pH of 
the discharge (i.e., acid rain). Allowing the facility to evaluate the 
effectiveness of the measurement of pH for each particular facility 
will alleviate the misinterpretation of the data that may result. This 
may be particularly true for extreme pH values beyond those normally 
anticipated with acid rain.

Support or Opposition to Baseline Monitoring Requirements

    In the proposed multi-sector permit, EPA modified some sector 
monitoring requirements based upon the group application data 
submitted. EPA requested comment for each industrial sector on the 
changed requirements from the 1992 baseline general permit that were 
proposed in the multi-sector permit. Fifteen of the sixteen commenters 
that commented on this issue were opposed to the monitoring 
requirements in the baseline permit. Several supported the deviations 
from the baseline permit which they claimed was based only on 
theoretical and potential discharges, whereas the monitoring 
requirements for the multi-sector permit were based on actual storm 
water discharge data from the industries. A couple of commenters stated 
that the use of the baseline monitoring requirements would defeat the 
purpose of the money and effort spent on collecting data for the 
application process.
    One commenter, while still opposed to any monitoring requirements 
for the fiberglass and aluminum boat builders, supported the monitoring 
parameters in section IX.R.8 of the multi-sector permit in lieu of the 
baseline permit. Two commenters supported the change from the baseline 
permit requirements, which triggered monitoring at 50,000 flight 
operations per year, for airports. One commenter in the rubber and 
miscellaneous sector was concerned that any analytical monitoring was 
being associated with the sector because they do not have any outside 
storage.
    Another commenter supported the changes in the requirements for the 
Glass, Clay, Cement, Concrete, and Gypsum product sector where only the 
ready-mix concrete plants must monitor because visual monitoring is 
more appropriate for determining whether BMPs are effective. One 
commenter from the steam electric group felt that the monitoring 
requirements from the baseline permit were more appropriate, 
particularly the annual monitoring, compared to the monthly visual 
observations and quarterly chemical monitoring in the multi-sector 
permit. The commenter stated that pollutants in their storm water 
discharge are essentially unvarying and that the original list of 
pollutants in the baseline general permit provided a more appropriate 
set of indicators of storm water contamination from their site.
    EPA has reviewed both sets of monitoring requirements and as a 
result 

[[Page 51079]]
will not incorporate the monitoring conditions from the baseline 
general permit into the final multi-sector permit. EPA believes that 
the monitoring requirements in the baseline permit are designed 
primarily to characterize pollutants in storm water discharges from 
those facilities seeking coverage under the permit. For the most part, 
this characterization effort has already been accomplished through the 
group application sampling. Whereas, the multi-sector general permit 
monitoring strategy has been designed primarily to provide information 
on the effectiveness of the storm water pollution prevention plan.

Visual Examinations of Storm Water Discharges

    The multi-sector permit includes requirements for facilities to 
perform visual examinations of storm water discharges. ``High risk'' 
industry sectors were required to perform visual examinations of storm 
water samples on a monthly basis. ``Low risk'' sectors were required to 
perform the exam on a quarterly basis.
    EPA received a large number of comments on the proposed visual 
examination requirements, both in support and in opposition. The 
majority of comments were in reference to the frequency of visual 
examinations. Others commented that the costs/requirements of the 
visual exams were too burdensome, and some facilities wanted no visual 
exams at all. Other comments included requests for: clarification of 
language requiring visual examinations; more specific criteria for when 
to conduct a visual examination; provision of a checklist for 
performing visual exams; and criteria for examining snow melt runoff.
    Commenters who opposed the requirements did so because; visual 
exams are too burdensome for facilities with many outfalls; conducting 
visual exams is too time consuming; the logistics associated with 
performing visual exams are too difficult for the average worker to 
understand; the results of the exam will be of no value; and the visual 
exam requirements are too frequent and will encourage fraudulent 
submissions.
    Some commenters were opposed to the visual monitoring requirements 
stating that it is not as effective as examining the equipment 
installed to accomplish pollution prevention. They suggested that if 
the requirement is retained, the idea of comparing the visual 
observation to a baseline be addressed because the use of the same site 
personnel over time is not viable due to continuous rotation of 
personnel. Other commenters were opposed to the burden that would 
result from the support documentation needed to meet the 72 hour dry 
weather and 0.1 inch rainfall requirements. These commenters felt this 
would require constant monitoring of the weather, recordkeeping, and 
the development of monthly visual observation reports which would be 
costly for small companies.
    Numerous commenters supported the use of visual examinations to 
monitor the effectiveness of the pollution prevention plan and the 
implemented BMPs. These commenters stated that visual examinations can 
be an effective tool and would allow easy detection of suspended and 
settled solids, oil sheen and other obvious indicators. Some commenters 
that favored visual monitoring suggested this be done in lieu of any 
chemical analyses.
    EPA believes that the visual examinations will provide permittees a 
quick and inexpensive assessment of the effectiveness of the facility's 
pollution prevention plan on a more frequent basis, but at a more 
cursory level, than just analytical chemical monitoring. The 
examinations are intended to be conducted by the company's pollution 
prevention team, or someone who will be familiar with storm water 
management at the facility. The team may be able to identify sources of 
contamination in the storm water discharge given their knowledge of the 
industrial activities conducted at the facility and the materials 
stored exposed to storm water. From these observations, the team may be 
able to identify additional BMPs that can be implemented to control the 
contaminant sources, or ways to improve the efficiency of existing 
BMPs. EPA will retain the requirement to perform a visual examination 
of the storm water discharge in today's multi-sector permit. EPA 
believes the visual examination of the discharge will become an 
important part of an active facility's overall effort to control storm 
water contamination. EPA maintains that the visual examination of the 
storm water discharges will allow a quick and simple assessment of the 
quality of the storm water runoff which can then be used to help assess 
the effectiveness of a facility's pollution prevention plan at very 
little cost. The results of the visual examination should be used in 
conjunction with the results from the comprehensive site compliance 
evaluation, analytical monitoring, if required, and sector-specific 
inspections to determine if appropriate BMP's have been implemented.
    Today's permit and fact sheet include more detailed language which 
elaborates on the description of the visual exam requirements. 
Additionally, the frequency for visual examination for all applicable 
industry sectors will be quarterly under today's permit. This responds 
to a majority of the commenters by reducing the burden placed upon 
facilities, and allows a more reasonable amount of time for a 
representative storm event to occur. The information from visual 
monitoring is intended to be used by the facility as a quick and simple 
means of determining any obvious changes in the quality of storm water 
runoff from the site when the discharges are occurring. EPA understands 
that there is a measure of uncertainty and subjectivity in performing 
visual exams, but believes this will not adversely affect the purpose 
of the examinations. In summary, visual examinations of the storm water 
discharges provide a low cost means for the facility operator to 
routinely assess storm water problems at a facility and will provide an 
indication of major problems with the effectiveness of the storm water 
pollution prevention plan.

Alternative Monitoring Provisions

    In the proposed permit, EPA requested comment on alternative 
monitoring and reporting requirements in lieu of the proposed 
requirements. Most of the commenters were opposed to the alternative 
monitoring requirements. Some commenters believed the alternative 
monitoring requirements would focus too much attention on sampling and 
not enough on pollution prevention plans. Some commenters did not think 
the whole effluent toxicity testing, where it was proposed in the 
alternative requirements in certain sectors, would be appropriate for 
storm water evaluations also stating that they are too expensive and 
complicated. Some commenters supported the proposed alternative 
monitoring requirements stating that the alternative requirements 
should be kept as an option assuming there is appropriate data 
demonstrating the need for this monitoring.
    In response to the comments concerning the alternative monitoring 
provisions discussed in the fact sheet of the proposed permit, EPA is 
not incorporating these monitoring requirements into the final permit. 
Rather, as explained above, EPA has reconsidered the entire monitoring 
strategy as proposed in the permit and has developed a new monitoring 
strategy based upon a sub-sector analyses of the data to be responsive 
to 

[[Page 51080]]
the majority of concerns regarding storm water monitoring in the 
proposed permit.

Signatory Requirements

    The multi-sector permit requires that all Notices of Intent (NOI), 
Notices of Termination (NOT), storm water pollution prevention plans, 
reports, certifications or other information, either to be submitted, 
or to be maintained by the permittee, be signed in accordance with the 
requirements in 40 CFR Part 122.22.
    One commenter stated that the NOI certification is significantly 
different than the wording in the September 9, 1992 baseline general 
permit. Another commenter stated that the signatory requirements should 
be similar to those required by the national pretreatment program to 
maintain consistency and to avoid confusion. One commenter stated that 
the signatory requirements were appropriate for the NOI and the NOT, 
however, were not appropriate for the storm water pollution prevention 
plan and other such documents because they are excessive when compared 
to similar programs. This commenter suggested that an appropriate 
company representative such as those outlined in VII.G.2 would be more 
appropriate to provide a signature because they are more familiar with 
the regulations and the operations of the industrial facility. One 
commenter requested that a member of the storm water pollution 
prevention plan team be allowed to sign the site compliance report.
    EPA will maintain the signature requirements as proposed in the 
multi-sector permit which requires that all NOIs, NOTs, storm water 
pollution prevention plans, reports, certifications or information 
either to be submitted to the Director, or that are required to be 
retained by the permit, be signed by a responsible corporate officer. 
The certification and signature requirements in the multi-sector permit 
are the same requirements as those used in other areas of the NPDES 
program and the pretreatment program and have not been changed from the 
September 1992 baseline general permit. Furthermore, the requirements 
allow authorized representatives to be appointed for signature 
authority. Therefore, if a facility feels it is more appropriate for a 
member of the storm water pollution prevention plan team to sign the 
documentation, that option is available under the permit.

Miscellaneous Inspection Requirements

    EPA received comments on inspection requirements, recordkeeping 
requirements, and reporting requirements from 24 commenters. Most of 
these stated that the proposed requirements are too burdensome and 
suggested ways to scale down this burden, with suggestions ranging from 
decreasing inspection schedules to requiring less paperwork. A few 
commenters opposed the frequency of inspections required in several of 
the sectors of the proposed permit. Specifically, two commenters stated 
that monthly inspections of designated equipment and areas of the 
facility are unnecessary and inappropriate.
    EPA has established visual and other inspection requirements 
tailored to each industrial sector based on conditions specific to each 
sector. Where appropriate, today's permit contains daily, weekly, 
monthly, or less frequent inspections of various important facility 
areas and activities. EPA believes the frequencies in the permit are 
necessary to ensure that storm water runoff from these key areas does 
not cause significant discharges of pollutants.

Retention of Records

    Seven commenters stated that the requirement that records be 
retained for 6 or more years (three years after the permit expires) is 
excessive. One commenter suggested that a more discrete time period be 
specified for records retention, so as to eliminate the undesirable 
result of inadvertently requiring facilities to retain records 
indefinitely if a permit is continually extended. Five commenters 
suggested that a three-year retention period is adequate and consistent 
with other NPDES permits. Another commenter suggested that records be 
retained for a maximum of one year after the inspection or monitoring 
occurs. Two other commenters stated that the documentation and 
recordkeeping requirements are too elaborate and could require 
excessive resources from small businesses. Four other commenters stated 
that the reporting requirements are unnecessary and unduly burdensome.
    EPA has retained all recordkeeping requirements from the proposed 
permit. However, in response to commenters' concerns about inconsistent 
timeframes, the Agency has standardized the retention period for all 
records to be the minimum period allowed under 40 CFR 122.41(j). Thus, 
today's permit requires permittees to retain all records (those from 
inspections as well as monitoring data) for a minimum of three years 
from the date of the inspection, sampling, or measurement. In addition, 
to help reduce the amount of reports permittees may be required to 
generate during a permit term, EPA has reduced some of the inspection 
and examination requirements for some industrial sectors. For example, 
the requirement for visual examinations of discharges has been changed 
to quarterly for all sectors (except air transportation) and pollutant-
by-pollutant no exposure certifications are now allowed. EPA believes 
these changes, and others in today's permit, will decrease the 
recordkeeping burden on many facilities, including small businesses.

Special Requirements for Facilities Subject to Reporting Requirements 
Under EPCRA 313

    EPA received a number of comments that addressed the proposed 
special requirements for facilities subject to the EPCRA Section 313 
reporting requirements. Specifically, 52 of these comments addressed 
the proposed requirement for a certification of the storm water 
pollution prevention plan for an EPCRA 313 facility by a Professional 
Engineer (PE), of which 50 opposed such certification and two favored 
it. Thirty-one of the commenters opposed to the certification indicated 
that other categories of professionals with knowledge of pollution 
prevention, including hydrologists and certified hazardous materials 
managers, would be more appropriate than a PE to review the plan. Most 
indicated that someone very familiar with the facility would be the 
most appropriate person to make the certification. Other commenters 
noted that the facility manager is legally responsible and should be 
responsible for certifying or selecting the certifying party. A few 
commenters stated that the PE provision would be unnecessarily costly, 
particularly for small facilities. One commenter added that the 
frequency of certification should be reduced to once every five years.
    In response to these commenters, EPA has removed the requirement 
for PE certification from the permit as well as the requirement to 
certify the plan every three years. The permit now requires facilities 
subject to the EPCRA Section 313 requirements to conduct the same storm 
water pollution prevention plan certification procedures as facilities 
not subject to EPCRA Section 313. Thus, facilities subject to EPCRA 
Section 313 requirements need only certify their pollution prevention 
plan when it is developed or when revisions or changes are made and 
does not include a PE certification.
    EPA also received numerous comments that opposed the extension of 
special requirements for EPCRA Section 313 facilities to all facilities 
with above-ground storage tanks and/or exposed handling of liquid 
chemicals. About half 

[[Page 51081]]
of these commenters stated that there was no basis for extending these 
specific Best Management Practices (BMP) to facilities that already 
have BMPs under the EPCRA program. The other half indicated that these 
special provisions were redundant with requirements in other programs, 
such as RCRA. Two commenters also stated that such an extension of 
requirements associated with EPCRA to all facilities covered by the 
multi-sector permit would be inappropriate regulatory duplication. 
Based on these comments and further review, EPA is not extending the 
Section 313 requirements to additional facilities.
    In addition to these specific comments, EPA received 25 comments 
opposed to the special storm water pollution prevention plan 
requirements for EPCRA Section 313 facilities. These commenters 
objected that there are a variety of burdensome aspects of the 
prescribed practices. Sixteen of these commenters suggested that the 
special requirements are redundant with those imposed by other programs 
and/or are inappropriate given the data presented in the notice on the 
presence of pollutants in storm water from EPCRA Section 313 facilities 
and non-313 facilities. They indicated that the data show no 
distinguishable differences between storm water pollution from these 
two categories. Other commenters stated that the costs of complying 
with the special provisions for Section 313 facilities are excessive. 
With the exception of the PE certification, EPA is not reducing the 
special pollution prevention plan requirements for facilities subject 
to EPCRA Section 313 requirements. The Agency is leaving them in place 
because of the nature of the industrial activities and chemicals 
handled at such facilities. These controls are necessary to ensure that 
storm water runoff does not become contaminated with EPCRA Section 313 
water priority chemicals. The use of these controls represents an 
established level of technology-based controls that are already being 
implemented at many of these types of facilities and EPA believes this 
level of technological control should be maintained.
    On January 12, 1994, EPA proposed to add 313 new chemicals to the 
EPCRA Section 313 list of chemicals found at 40 CFR 372.65. On November 
30, 1994, EPA published a final notice in the Federal Register adding 
286 chemicals to the list. A Section 313 water priority chemical is 
defined as a chemical or chemical categories which are: 1) are listed 
at 40 CFR 372.65 pursuant to Section 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA) (also known as Title III of the 
Superfund Amendments and Reauthorization Act (SARA) of 1986); 2) are 
present at or above threshold levels at a facility subject to EPCRA 
Section 313 reporting requirements; and 3) that meet at least one of 
the following criteria: (i) Are listed in Appendix D of 40 CFR 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 water 
quality criteria.
    In response to this rulemaking, EPA analyzed the list of Section 
313 water priority chemicals in the proposed multi-sector general 
permit by comparing these 286 new chemicals against Tables II, III, and 
V of Appendix D of 40 CFR 122, the list of hazardous substances listed 
at 40 CFR 116.4, and the list of pollutants for which EPA has published 
acute or chronic water quality criteria. Based on this analysis, EPA is 
adding 44 of the 286 new chemicals or chemical categories to the list 
of Section 313 water priority chemicals which is an appendix to today's 
permit. In developing the original definition of Section 313 water 
priority chemicals, EPA included a reference to the EPCRA 313 chemical 
listing and noted that future additions to the list could occur and 
that these would automatically expand the storm water EPCRA 313 water 
priority chemical list used in the industrial storm water general 
permits. In addition, the proposed regulation to expand the EPCRA 313 
list notified the public that with an expansion of the list, other 
programs, such as the storm water permitting program that incorporated 
the EPCRA 313 listing, would also be similarly affected.
    By adding these new chemicals to the water priority chemical list, 
potentially more facilities will be required to implement the EPCRA 313 
special pollution prevention plan requirements. However, EPA believes 
that the additional water priority chemicals will not have a 
significant impact on the cost of compliance by any individual 
facility. Facilities already implementing these provisions may have 
additional chemicals to address in their plans beyond those they 
already consider, but EPA believes many of the BMPs and pollution 
prevention measures already being implemented will be applicable to the 
new chemicals. EPA re-examined the estimated upper range of cost of 
compliance by a facility required to implement the special EPCRA water 
priority chemical pollution prevention plan requirements, and has 
determined that the added chemicals will not cause this range to be 
exceeded.

Cost of Compliance

    EPA received several comments concerning cost estimates for the 
permit requirements, many of which offer similar viewpoints. EPA 
provided estimates of the cost of compliance in the fact sheet to the 
proposed permit. These costs covered a range of costs, from low to 
high, that may be necessary to implement a storm water pollution 
prevention plan at the wide range of types of facilities that will be 
covered under this permit. Twenty-eight commenters stated that the 
estimated cost for industry to comply with the multi-sector permit is 
too high. In response to these comments, EPA re-examined its cost 
estimates to ensure that they were accurate and to ensure that the 
range, as estimated, adequately covered all anticipated circumstances. 
From this re-evaluation, EPA believes that the costs of compliance, 
which includes preparing and implementing a pollution prevention plan 
during the term of the permit, are accurate and adequately cover the 
range of anticipated costs for facilities that will be covered under 
this permit. In addition, EPA believes the cost of compliance is not 
high when compared to the potential site-specific requirements that may 
be imposed in order to comply with an individual permit. Therefore this 
multi-sector general permit represents a significant cost savings over 
the individual permit option.
    Six of these commenters also cited the high end of the EPA cost 
estimates as being too high for small businesses. In response to this, 
EPA wants to clarify that the high-end cost estimates will mostly, if 
not entirely, apply to larger, more complex facilities with more 
potential sources of pollutants and therefore a more comprehensive 
storm water pollution prevention plan. In deriving the cost ranges, EPA 
anticipated that most small business compliance costs would fall at the 
low end of the cost ranges.
    Twenty-four of the twenty-eight commenters who believed that the 
estimated cost of compliance is too high also expressed concern that 
the proposed permit will bear an unfair burden on small businesses and 
possibly threaten their ability to remain in operation. However, 
several of these commenters based their position on the high end of the 
cost estimates, which are most likely to apply to larger facilities. In 
response to this concern, 

[[Page 51082]]
EPA estimated the cost of compliance for a hypothetical small business 
in the automobile salvage yard industry. This example has been added to 
the fact sheet of the permit and illustrates an estimate of a small 
auto salvage yard costs that such a facility many actually incur in 
complying with this permit. The Agency expects that the actual cost of 
compliance with the permit for a hypothetical small automobile salvage 
yard would be $874 in the first year and $561 for each following year. 
The low-end estimate is appropriate for the majority of smaller 
facilities, with some facilities, like the hypothetical small auto 
salvage yard, likely to face even lower costs.
    Nineteen commenters (including eleven of the twenty-eight who 
believe that the estimated cost of compliance is too high) stated that 
EPA's upper cost estimates given for complying with the proposed permit 
are too low. Many of the commenters questioned how EPA has developed 
its cost estimates and argued that the actual cost of compliance will 
greatly exceed the costs cited by EPA. In response, EPA does not 
believe its cost estimates are too low as mentioned above. EPA based 
the cost estimates in the proposed permit on those prepared for the 
baseline general permit. Because the compliance requirements in today's 
permit reflect those in the baseline permit, EPA believes that the cost 
of compliance with the multi-sector permit will be similar to the 
baseline permit. Actual costs for some facilities may be lower in some 
circumstances under the multi-sector permit because the multi-sector 
permit fact sheet provides guidance on the types of BMPs that may be 
applicable for an industry sector.
    In addition, several other specific concerns were presented by 
small businesses. Sixteen small businesses commented that the 
compliance costs would force small businesses to either lay off 
employees or go out of business completely. Another seven commenters 
warned of the consequences that could result if small automobile 
recyclers were forced out of business by the cost of compliance with 
the permit. They argued that vehicles would be abandoned along roads, 
left in back yards, etc., resulting in a worse scenario than that which 
existed before the permit was put into effect. In response, EPA does 
not expect the costs of compliance with the multi-sector permit to 
force a small business out of business as described above. In 
developing the permit, the Agency considered not only the needs for 
storm water controls, but also the capabilities of each sector's 
facilities to maximize available in-house resources. EPA encourages 
facilities to use activities and controls already routinely conducted 
to the maximum extent possible to meet the permit requirements. EPA 
anticipates that many small businesses will be able to tailor their 
existing activities to satisfy many of the requirements of the multi-
sector permit and that trade associations will help in developing model 
pollution prevention plans and in providing technical information and 
assistance to their membership.
    Eight small business responses called for a small business 
exemption to eliminate storm water sampling and documentation 
requirements. They perceived the costs for sampling and documentation 
to be most burdensome on small businesses, many of which have limited 
human resources. In response, EPA is not providing exemptions in the 
multi-sector permit to businesses because of their size. However, EPA 
has changed several requirements of the permit which will reduce burden 
on the permittee. For example, comprehensive site compliance 
evaluations are now required only annually for all industrial sectors. 
EPA has also reduced some of the inspection requirements where 
appropriate. Additional revisions have been made to various industrial 
sector requirements to help reduce the burden on small business and 
other permittees.

Endangered Species Act (ESA) and National Historic Preservation Act 
(NHPA)

    To address the provisions of the Endangered Species Act, the 
proposed permit denied coverage to any discharge which had ``a direct 
or indirect effect upon a listed endangered or threatened species or 
its designated habitat''. The permit allowed coverage to discharges 
with an impact on endangered or threatened species where the facility 
had obtained an incidental take permit from either the U.S. Fish and 
Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS). 
The proposed permit required that a discharger seeking coverage, 
certify in its Notice of Intent (NOI) to be covered by the multi-sector 
permit that its storm water discharge will not have any direct or 
indirect effect on listed species or critical habitat unless the 
discharger had first obtained a permit under Sec. 10 of the ESA (for 
incidental takings).
    To comply with the provisions of the National Historic Preservation 
Act, the proposed permit denied coverage to discharges that ``disturb a 
site that is listed or eligible for listing in the National Historic 
Register.'' A discharge that does disturb a historic site may be 
eligible for coverage if the facility obtained, and is in compliance 
with, a written agreement with the State Historic Preservation Officer 
(SHPO). The permit required that a discharger seeking coverage must 
certify in its Notice of Intent (NOI) to be covered by the multi-sector 
permit that its storm water discharge will not disturb a site that is 
listed or eligible for listing.
    A number of commenters opposed these eligibility restrictions and 
suggested that the requirements be modified. Several commenters 
suggested that the permit allow coverage for all facilities initially, 
but include a provision which would allow the Director to exclude from 
coverage any discharge which was determined to have an impact upon a 
threatened or endangered species, or which disturbs a historic site. 
Others stated that the terms ``no direct or indirect effect'' in the 
ESA eligibility restrictions, and ``will not disturb'' in the NHPA 
eligibility restrictions are overly broad and subject to varying 
degrees of interpretation. These commenters requested clarification as 
to what constitutes a direct effect, an indirect effect or a 
disturbance. Still other commenters suggested that the eligibility 
requirements merely require the applicant to send a letter to the 
appropriate Agency requesting a determination of the facility's impact 
upon threatened species, endangered species or historic sites. These 
commenters argued that a facility does not have the resources to make a 
determination on its own. Several commenters suggested that the 
eligibility restrictions only apply to new facilities. They argued that 
existing facilities should not be required to make the determination 
because any effects or disturbances due to their discharges have 
already occurred.
    Commenters also listed a number of reasons for removing the 
eligibility restrictions altogether. Many commenters stated that the 
permit inappropriately deferred EPA's responsibility to consult with 
FWS, NMFS or Historic Preservation Offices to the discharger. They 
argued that both ESA and NHPA require EPA to perform the consultation 
prior to issuing the permit. The commenters argued that the 
consultation would be costly and time consuming for dischargers to 
perform. Several commenters stated that the Services and Offices which 
would have to be consulted would be overwhelmed by the number of 
inquiries generated by the permit and unable to respond to requests for 
consultations in a timely manner. Other commenters stated that it was 
unnecessary to include the ESA and 

[[Page 51083]]
NHPA requirements in the permit because facilities are already subject 
to these and other existing federal laws and regulations. Requiring 
compliance with these provisions in the permit places undue emphasis 
upon these statutes in comparison to all other laws and regulations.
    In response to the comments regarding endangered species, the ESA 
requires, among other things, that EPA ensure, in consultation with the 
FWS and/or NMFS that actions it authorizes or carries out are not 
likely to jeopardize the continued existence of threatened and 
endangered (``listed'') species or result in the destruction or adverse 
modification of the designated critical habitat of listed species. In 
addition, the ESA generally prohibits EPA, as well as those seeking 
general permit coverage, from ``taking'' listed species without the 
prior authorization of the FWS/NMFS.
    To fulfill its responsibilities under the ESA, EPA developed a 
series of conditions in the proposed permit which were reviewed by the 
services during the consultation. The consultation culminated in the 
issuance of a FWS/NMFS Biological Opinion that EPA's approach would not 
likely jeopardize listed species, adversely modify critical habitat, or 
result in takes. The consultation also resulted in changes to the 
conditions of the permit for endangered species protection. The revised 
conditions represent a simplified process that should be easier for 
permittees to comply with, yet will still ensure that storm water 
discharges authorized under this permit will not adversely affect 
endangered species.
    The revised ESA conditions require that an applicant comply with 
the ESA and be granted coverage under the permit only if the storm 
water discharges and BMPs to be constructed are not likely to adversely 
affect the endangered species listed in Addendum H of the permit; or 
the applicant has received previous authorization under the ESA and 
established an environmental baseline; or the applicant is implementing 
other appropriate measures, as required by the Director, to address 
adverse affects. In addition, the applicant must certify that their 
storm water discharges and potential BMP construction activities are 
not likely to adversely affect the species listed in Addendum H of the 
permit. Addendum H is a county-by-county listing of the endangered 
species upon which the consultation is based. EPA believes this new 
process fully implements the requirements of the ESA and the outcome of 
the consultation with FWS and NMFS, and is protective of endangered 
species. EPA also considers this revised approach to be a more 
practical and straightforward process for an applicant to gain coverage 
under the multi-sector general permit.
    EPA expects that the vast majority of applicants will be able to 
meet the ESA certification requirement by either determining that no 
listed species are found in the county of the discharge or by 
determining that listed species found in the county are not in 
proximity to the discharge. EPA believes that requiring applicants to 
provide the certification commented upon is reasonable and necessary so 
that EPA may act to lawfully authorize an applicant's general permit 
coverage. See Sec. 308(a)(A)(v).
    EPA does not need to enforce every law and regulation through 
permits--only those which create obligations on EPA for its actions 
(through statutes such as the ESA and the NHPA) that are in response to 
permit applications presented to EPA by persons seeking to comply with 
the CWA, e.g., applicants for NPDES permits.
    As to permit coverage for existing facilities, ``action'' under the 
pertinent ESA regulations includes ``all activities. . .of any kind 
authorized by federal agencies. . .[including] the granting of. . 
.permits.. . .'' 50 C.F.R. Sec. 402.02. Agencies must consult with the 
FWS or NMFS wherever an action may affect listed species. 50 C.F.R. 
Sec. 402.14. Given that storm water discharges from existing facilities 
may have new or continuing effects on listed species (in addition to 
past effects), there was a clear need for coverage of existing 
facilities also to be adequately protective.
    In response to the comments raised regarding the NHPA, EPA 
recognizes that the National Historic Preservation Act (``NHPA'') 
imposes obligations on the Agency to take into account the effect of 
permit issuance on historic properties. Today's general permit 
establishes a mechanism whereby the Agency can efficiently administer 
the permit and still take into account the effect of general permit 
coverage on historic properties consistent with its obligations under 
the NHPA. EPA will assure NHPA compliance primarily through the 
eligibility and certification requirements of the general permit. The 
general permit does not authorize discharges that (1) affect a property 
that is listed or eligible for listing on the National Register of 
Historic Places, unless (2) the applicant has obtained and is in 
compliance with a written agreement between the applicant and the State 
Historic Preservation Officer (``SHPO'') that outlines all measures to 
be undertaken by the applicant to mitigate and prevent adverse effects 
to the historic property. Applicants for general permit coverage must 
certify that they have read and are in compliance with the eligibility 
provisions of the permit.
    The operation of this mechanism should assure compliance with the 
NHPA for any authorization to discharge provided under today's permit. 
EPA anticipates the first component of the eligibility/certification 
mechanism will provide an adequate opportunity to take into account the 
effect on historic properties for the vast majority of discharges to be 
authorized under the permit. EPA anticipates that the preliminary 
evaluation by the applicant will quickly identify those discharges that 
may implicate concerns about historic preservation. The second 
component will allow for general permit coverage after effects have 
been effectively addressed (minimizing the need for an individual 
permit).
    EPA recognizes that the eligibility/certification mechanism in 
today's permit will not resolve all historic preservation concerns that 
may arise due to control of storm water discharges. In some instances, 
the first component of the eligibility/certification may not assure 
``no effect'' on historic properties, for example, if the applicant's 
certification of eligibility is subsequently determined to be false. In 
such instances, the discharge would be ``without a permit'' based on 
the eligibility provisions. In some instances, the applicant and the 
SHPO may have difficulty in reaching agreement on how to resolve 
historic preservation concerns. Such instances may necessitate EPA 
intervention or issuance of an individual permit. The eligibility/
certification mechanism represents EPA's effort to assure Agency 
compliance with the National Historic Preservation Act consistent with 
the efficiencies of general permitting under the Clean Water Act.

Comprehensive Site Compliance Evaluations

    The proposed permit contained requirements for facilities to 
perform and document comprehensive site compliance evaluations. The 
intent of the compliance evaluation is to: confirm the accuracy of the 
description of potential pollution sources at the site, determine the 
effectiveness of the storm water pollution prevention plan, and assess 
compliance with the permit. The evaluation should be conducted by 
members of the pollution prevention team. Deficiencies in the plan must 
be corrected within two weeks of the 

[[Page 51084]]
evaluation and the corrections must be implemented within 12 weeks. 
Most of the industry sectors required the evaluation to be performed 
annually, however, a few sectors required more frequent comprehensive 
site compliance evaluations. For example, the chemical and allied 
products sector of the proposed permit required quarterly comprehensive 
site compliance evaluations. A few industry sectors allowed less 
frequent evaluations, for example the ore mining and dressing sector 
only required evaluations every three years at inactive mine sites.
    Commenters expressed several concerns with the comprehensive site 
compliance evaluation requirements. The primary concern dealt with the 
required frequency for the evaluation. A number of commenters stated 
that the evaluation should not be required more frequently than once 
per year in any industry sector. Commenters stated that an annual 
evaluation was sufficient to assure compliance of the plan with permit 
requirements. Commenters also stated that the frequency should be 
consistent across all sectors unless more frequent evaluations could be 
justified. Commenters were also concerned with the time frame allowed 
to modify the pollution prevention plan following the evaluation. 
Commenters stated that two weeks is not sufficient time to obtain the 
resources necessary to modify the plan. A few commenters also felt that 
the comprehensive site compliance evaluation is redundant and 
duplicative of the inspections required by the storm water pollution 
prevention plan. The commenters argued that the evaluation should not 
be required unless the inspections reveal recurring problems with the 
plan. Finally, one commenter stated that the evaluation should be 
performed by an outside consultant or corporate official with expertise 
in storm water pollution prevention.
    In response, EPA has reconsidered the frequencies of the 
comprehensive site compliance evaluation in the proposed permit and has 
standardized the frequency to once per year in all sectors, unless 
sector-specific justification is given for a more frequent inspection. 
EPA also wants to clarify that the comprehensive site compliance 
evaluation requirements are different from other inspection and 
monitoring requirements of the permit. The comprehensive site 
compliance evaluation is intended to be an overall comprehensive 
inspection that is conducted at a minimum on an annual basis where the 
pollution prevention plan is totally reviewed. The inspection should 1) 
confirm the accuracy of the description of potential pollution sources 
contained in the pollution prevention plan, 2) determine the 
effectiveness of the plan, and 3) assess compliance with the terms and 
conditions of the permit. These goals, in combination, are more 
comprehensive than the other inspection and monitoring requirements in 
the permit. The annual comprehensive site compliance evaluation also 
satisfies the minimum monitoring requirement of all NPDES permits (40 
CFR 122.44(i)(4)). Therefore, EPA is retaining the requirement that all 
industrial sectors conduct an annual comprehensive site compliance 
evaluation. To the extent that this compliance evaluation overlaps with 
other inspections (e.g., daily inspections of storage areas), the 
comprehensive site compliance evaluation can be used in place of the 
other inspections. Because the comprehensive site compliance 
evaluations are intended in part to determine the effectiveness of the 
pollution prevention plan and compliance with the permit, EPA believes 
it is important that a member of the pollution prevention team be 
involved in conducting the evaluation.
    In response to the concern about the two week timeframe being to 
short to fully implement changes to the plan if such are necessary as a 
result of the inspection, EPA disagrees and believes a clarification is 
necessary. Under the terms of the final permit, if a facility operator 
determines a deficiency in the storm water pollution prevention plan 
after conducting the annual comprehensive site compliance evaluation, 
then the permit provides for up to two weeks to modify the plan and 
then up to 12 weeks to implement the actual plan modifications. EPA 
anticipates that many plan changes will be procedural or programmatic 
in nature and as such should not take an excessive amount of time to 
perform. EPA expects these to be easily completed within the 12 week 
deadline. Where major changes are necessary that require construction, 
such as installation of a new structural BMP, the permit conditions 
allow for up to three years. EPA believes these timeframes are adequate 
and therefore no changes to the final permit have been made.

Response to Major Sector-Specific Issues

Timber Products Facilities

    The proposed permit for timber product facilities does not cover 
nonpoint source silvicultural activities, such as timber harvesting 
operations and certain other silvicultural activities described under 
SIC code 2411, which may be exempt from the National Pollutant 
Discharge Elimination System (NPDES) permit program as described in the 
silvicultural definition at 40 CFR Part 122.27. Many commenters agreed 
that certain silvicultural activities are not covered by NPDES permit 
requirements and are best controlled under the section 319 nonpoint 
source program. Because these discharges are addressed by the section 
319 nonpoint source program, some commenters recommended that the 
language in the permit and the fact sheet be changed from providing an 
``exemption'' of these discharges to say that ``certain silvicultural 
activities are not prohibited by or otherwise subject to these 
regulations.'' Other commenters requested that the language concerning 
coverage of silvicultural activities that is in the permit fact sheet, 
also be placed in the permit to avoid confusion.
    In response, EPA believes that nonpoint source silvicultural 
activities not covered under this permit (e.g., harvesting operations, 
and certain other activities) are exempt from the NPDES permit program. 
Exempt activities do not need to obtain an NPDES storm water discharge 
permit. EPA does not believe that further clarification is necessary 
beyond that already stated in the fact sheet to the timber products 
sector. If a facility operator questions its regulatory status after 
reviewing the fact sheet, the operator should contact the permitting 
authority for the State in which it is located for additional guidance 
on its regulatory status.
    Many commenters suggested that the definition of timber products 
activities not required to obtain NPDES permits for storm water 
discharges be expanded in the fact sheet. Some commenters wanted to 
include remote log sort/concentration yards that do not conduct 
processing activities. These commenters were concerned that the 
proposed permit groups all log sort/concentration yards into the same 
category as facilities processing timber products. They stated that the 
activities performed at these yards are similar to forest harvesting 
operations including unloading, stacking, storing and reloading 
roundwood. In addition, they stated that the pesticides, herbicides, 
and fertilizers presumed present at these sites are not usually there. 
Another commenter requested that forest roads be included as nonpoint 
sources, as well as forest recreational sites and national forest 
administrative sites that do not include treatment facilities. The 
commenter stated that these facilities could be effectively covered 
under nonpoint source programs. 

[[Page 51085]]

    In response, the permit fact sheet discusses coverage of certain 
silvicultural activities which are classified as storm water discharges 
associated with industrial activity under the NPDES storm water program 
and those which are considered to be nonpoint source discharges. This 
discussion explains the consistency between coverage under this multi-
sector permit and existing NPDES storm water regulations defining storm 
water discharges associated with industrial activity for the Timber 
Products industry. EPA believes this discussion is clear and consistent 
with NPDES regulations and that further expansion of the definition of 
exempt nonpoint source activities at timber products facilities would 
be inconsistent.
    Many commenters were concerned that the proposed sector had grouped 
together all facilities that perform any wood treating, including 
facilities that only end-treat boards with a paraffin wax. In response, 
EPA has grouped together all those facilities that perform any wood 
treating because they exhibit similar types of industrial activities at 
their facilities. The groupings were made because the documentation and 
data submitted in the group applications described them as similar. 
Therefore, wood preservers who treat their wood with paraffin were not 
separated from wood preservers, as a whole. In relation to monitoring, 
while the proposed multi-sector permit required specific monitoring by 
wood preservers and surface treaters, including those that only end-
treat boards, the final multi-sector permit comprehensively changes the 
monitoring requirements for all timber products facilities due to a 
reassessment of the benchmark levels used to trigger monitoring and the 
revised sub-categorization approach to determining the need for 
industry sub-categories to monitor (See response to comments on 
monitoring provisions). Facilities that end-treat boards with paraffin 
are still required to monitor their storm water discharges, but for 
fewer pollutants. Although the revised monitoring provisions in the 
permit now require monitoring for all subcategories within the timber 
products sector, the revised alternative certification provisions 
should allow individual facilities with no exposure of the pollutants 
of concern to forego the need to monitor. In relation to pollution 
prevention plans, all timber products facilities will still be required 
to control pollutants discharged into storm water through the use of 
site-specific best management practices implemented through pollution 
prevention plans which are tailored to each specific facility on a 
case-by-case basis. This site-specific approach will allow a facility 
which end-treats wood with paraffin to design a pollution prevention 
plan appropriate for their facility.
    The proposed permit authorized non-storm water discharges from the 
spray down of lumber at wood product storage yards where no chemical 
additives are used in the spray down waters and no chemicals are 
applied to the wood during storage. Several commenters supported the 
proposed permit condition as an acceptable non-storm water discharge. 
The commenters believed that the authorization of these discharges at 
timber processing facilities is appropriate because these discharges 
are intermittent and the activity is performed only when necessary. In 
response, EPA believes that these non-storm water discharges, where 
identified in a pollution prevention plan and where appropriate 
pollution prevention measures are implemented, can be effectively 
controlled under today's multi-sector permit and therefore are 
allowable non-storm water discharges.
    Numerous entities commented on the pollution prevention plan for 
timber product facilities. Many commenters supported the use of best 
management practices in that they allow the permittees to determine the 
most efficient and cost-effective measures for controlling pollutants 
in storm water discharges. Several commenters provided lists of 
additional BMPs that are appropriate for use at timber product 
facilities. However, many commenters stated that the proposed 
requirement for daily inspections of ``material handling activities and 
unloading and loading areas whenever industrial activities occur in 
those areas'' is confusing because these areas are considered 
industrial activities. In addition, they believe the proposed frequency 
of the inspections is overly burdensome and clarification of the 
required documentation is needed. Some facilities stated that they 
already conduct inspection of material handling and loading/unloading 
areas when chemical preservatives are shipped or received. Some 
commenters suggested that no documentation be required.
    In response, EPA would like to clarify that the proposed 
requirement was intended to require site personnel to inspect the areas 
where material handling and loading/unloading activities were occurring 
on a daily basis. These areas would be inspected on those days when 
material handling or loading/unloading activities were occurring but 
would not be required to be inspected when the activities were not 
occurring. This requirement was placed in the permit because these 
areas are subject to leaks and spills of materials, tracking of spilled 
chemicals by equipment, discharge of wood debris and dust generation 
from heavy equipment. Daily inspection of these areas would only 
require that someone be responsible for examining each of the areas to 
determine which BMPs should be implemented to limit the contamination 
of storm water discharges. For example, the inspector may see that a 
small amount of a chemical has been spilled near a loading dock which 
could potentially either be tracked away from the site on truck tires 
or if it rained could enter the storm water discharge. With daily 
inspections of these areas, the inspector could immediately initiate 
clean up of the spill and make suggestions for additional BMPs to be 
implemented into the plan to avoid future spills. No elaborate 
documentation of these inspections is required, however, the facility's 
pollution prevention team should develop a simple method of tracking 
whether someone has observed the areas when material handling and 
loading/unloading activities are being performed on a daily basis. If 
follow-up measures are appropriate in response to the inspection, these 
should be documented as well. For example, the documentation may simply 
be checking a log sheet and stating on the sheet that the inspection 
was performed on a particular day. Follow-up action may require 
initiating the work and marking a log sheet stating that the work was 
performed.
    EPA disagrees that daily inspections would be burdensome. The 
inspection of material handling and loading/unloading areas is being 
required daily (when activities are occurring in those areas) because 
of the nature of the activities. These activities create a high risk 
for discharging pollutants to storm water discharges and require that 
more frequent assessments be made to ascertain the effectiveness of 
BMPs in those areas. These inspections, which should become a simple 
daily routine, may be made by personnel who are already in these areas 
at the time the activity is occurring. If inspections are already being 
conducted at material handling and loading/unloading areas when 
chemical preservatives are shipped or received then these can be 
incorporated as part of the pollution prevention plan and may satisfy 
part of the requirement. In addition, EPA believes the commenters are 
confused by the proposed language for daily 

[[Page 51086]]
inspections of material handling and loading/unloading areas in the 
permit. Therefore, the language in today's multi-sector permit will 
clarify this requirement.
    Numerous comments were received on the requirement to perform 
monthly inspections at processing areas, transport areas and treated 
wood storage areas of facilities performing wood surface protection and 
preservation activities. The commenters argued that these inspections 
are unnecessary because employees are currently trained to prevent 
drippage of treatment chemicals on unprotected soils. They feel these 
requirements are duplicative of requirements under RCRA Subpart W. EPA 
disagrees that these inspections are unnecessary. Documentation 
associated with the listing of wood preserving and wood surface 
protection wastes at 40 CFR 261 showed that there remains a potential 
for storm water to become contaminated through incidental activities 
such as tracking of material, fugitive emissions, rushed operations and 
miscellaneous other activities. EPA therefore believes it is necessary 
to require these inspections so that site personnel may identify 
sources of pollutants and to implement BMPs to minimize contamination 
of storm water discharges at each facility. Where inspections of this 
type are being conducted for another program requirement, such as for 
RCRA, those inspections can suffice for meeting the requirements of 
this permit.
    Some commenters were concerned that the requirement to identify 
areas where soils are contaminated as a result of past surface 
protection and preserving activities would be too burdensome. Some 
commenters stated that it might require extensive and very expensive 
testing of areas to determine where residual contamination remained and 
may even require expensive environmental site assessments. Several 
commenters argued that areas where contamination still remains could be 
identified through the site inspections, and once identified could then 
be remediated. In response, EPA disagrees that the requirement is too 
burdensome. The proposed permit stated that ``Where information is 
available, facilities that have used chlorophenolic, creosote, or 
chromium-copper-arsenic formulations for wood surface protection or 
preserving activities on site in the past should identify in the 
inventory the following: areas of contaminated soils, treatment 
equipment and stored materials that still remain and practices employed 
to minimize the contact of these materials with storm water runoff.'' 
If information is readily available, then the pollution prevention team 
would merely incorporate that information into the plan and identify 
pollution prevention measures to minimize contact with run-off. If the 
information is not available, no additional site assessments would be 
required. The fact sheet language in today's multi-sector permit 
clarifies this requirement.
    In general, commenters supported the proposal that timber product 
facilities that do not surface protect or preserve should not be 
required to monitor their storm water discharges. These commenters 
agreed that storm water pollution prevention plans provide the 
necessary protection for controlling storm water pollution at timber 
product facilities. Many comments were received on the sampling and 
monitoring required by those timber products facilities that use 
formulations for wood surface protection and preservation. Many of the 
commenters were opposed to the sampling and monitoring requirements 
because they would impose significant administrative and economic 
burdens on wood preserving facilities in particular. They stated that 
the data obtained through the proposed monitoring program would provide 
marginal benefits to EPA because the highly variable data could not be 
used to measure the performance of BMPs. They believe that the efforts 
and expenses would be better used in developing and implementing 
pollution control measures. A few commenters also argued that wood 
preserving facilities should not have to monitor for TSS, COD and BOD 
because the requirement is based on concentrations from NURP studies 
which were performed in residential areas and because these pollutants 
are not toxic to aquatic life. Some commenters were opposed to 
monitoring requirements at remote storage sites because there is 
neither meteorological equipment nor staff available and transportation 
to these sites is very difficult.
    Some commenters did not agree with the requirement for facilities 
that use copper-chromium-arsenic formulations to sample for both copper 
and arsenic because it is not supported in the data. These commenters 
suggested that, if additional data was needed, only one of the 
parameters (copper) be monitored because sampling for both was 
unnecessary. Other commenters argued that arsenic should not be 
required to be sampled because, while toxic to humans if ingested, it 
is not toxic to aquatic organisms. Numerous commenters argued that 
timber product facilities where chlorophenolic formulations were used 
in the past for wood preservation should not be required to monitor 
storm water discharges for pentachlorophenol where prior testing has 
shown that there is no chlorophenolic residue at the facility.
    A number of commenters in this sector also commented about: the 
proposed cut-off concentrations that would be used to determine whether 
facilities must sample during the fourth year of the permit term or 
under the alternative certification provisions of the permit; the 
variability of pollutant concentrations in storm water discharges; the 
eventual imposition of effluent limitations based on the cutoff 
concentrations; the use of total recoverable metals analyses; the 
toxicity of pollutants to aquatic organisms given receiving water 
dilution during wet weather events; the alternative monitoring 
provisions proposed in the fact sheet; the use of visual monitoring; 
the quality of the part II sampling database; the identification of 
priority sectors for monitoring and other monitoring issues that are 
discussed under the monitoring section of this summary.
    As a result of the comments on monitoring throughout the multi-
sector permit, EPA has revised the methodology for determining which 
sectors need to monitor (See discussion under monitoring). The 
methodology developed for the final permit analyzed the group 
application data based on three digit (or more) sub-sectorization of 
the industries represented in the groups. Based on this revised 
methodology, the timber products sector has been divided into four sub-
sectors for data analysis. These four sub-sectors are SIC code groups 
2421 (sawmills and planing mills), 2491 (wood preserving), 2411 (log 
storage), and 2426/2429/243/244/245/2493/2499 (millwork, veneer, wood 
containers, plywood and structural wood, and wood products not 
elsewhere classified). Using the data in the group application 
database, and data submitted subsequent to development of the database, 
EPA analyzed the monitoring requirements for these four sub-sectors 
using the revised benchmarks. As a result, EPA is now requiring 
monitoring of all four sub-sectors in the timber products sector. SIC 
code 2421 will monitor for COD, TSS and zinc. SIC code group 2491 will 
monitor for total recoverable arsenic and total recoverable copper, SIC 
code group 2411 will monitor for TSS and SIC code groups 2426/2429/243/
244/245/2493/2499 will monitor for COD and TSS. In addition, the timber 
products industry must perform quarterly visual examinations of their 
storm water pollution prevention plan. EPA believes 

[[Page 51087]]
these revised monitoring requirements are responsive to the major 
comments received on the proposed monitoring provisions in that the 
monitoring is more industry-specific due to the sub-sector approach and 
that this approach more accurately identifies the pollutants of concern 
within each industry subsector. In response to the issue of whether a 
remote facility should be required to comply with the monitoring 
provisions, EPA realizes that if a facility is inactive and unstaffed 
it may be difficult for the operator to collect storm water discharge 
samples when a qualifying event occurs. Today's final permit has been 
revised so that inactive, unstaffed facilities can exercise a waiver of 
the requirement to conduct quarterly chemical sampling. In addition, if 
an active facility cannot collect a sample within a given quarter due 
to weather problems, inaccessibility, etc. then the permit allows the 
facility operator to take a replacement sample in the next quarter.
    With regard to the requirement to conduct monthly visual 
examinations, EPA has reduced the visual examination schedule for 
active sites to only quarterly and has allowed a waiver of this 
requirement for inactive, unstaffed facilities. The operator should 
consult their permitting authority. Under these circumstances, the 
multi-sector storm water permit may not be a feasible permit for the 
facility and an alternative storm water discharge permit may be more 
appropriate.

Chemical and Allied Products Manufacturing

    EPA received 19 comments specifically concerning the Chemical and 
Allied Products Manufacturing sector. A common concern of these 
commenters was a disagreement with EPA's grouping of all chemical and 
allied product manufacturers into one sector. Various commenters stated 
that they should not be in the same sector with certain facilities 
which they believed posed more of a threat to water quality. Several 
commenters suggested that this sector be subdivided with different 
requirements for each of the subdivisions.
    Although the proposed permit divided the Chemical and Allied 
Product Manufacturing sector into eight subsectors, it applied the same 
requirements to each of these subsectors. Commenters expressed 
dissatisfaction with this aspect of the proposal. One commenter stated 
that some groups in this sector should get monitoring exemptions 
granted if they can demonstrate that they are substantially different 
from other groups in the sector. Commenters raised several other 
issues. One stated that there is no such thing as a typical chemical 
manufacturing facility and that EPA needs to visit each in the ``broad 
array of chemical facilities'' in order to understand the diversity of 
the industry. EPA understands that there may be significant differences 
between facilities in each sector and even within a subsector. Each 
facility has its own unique land features, operations and storage 
activities, material management practices, and chemical product 
manufacturing, packaging, and transferring techniques. It is not 
feasible that EPA visit each facility that will be regulated under this 
permit and in fact this level of scrutiny would best lead to the 
development of an individual storm water discharge permit for each 
chemical manufacturing plant. However, this is not the intent of this 
permit action, which is to issue a storm water general permit for 
similar types of industrial activities described under this sector and 
subsectors. In recognition of the differences between facilities, EPA 
is issuing a flexible storm water general permit, which allows each 
permittee to develop a pollution prevention plan for their own 
facility. This permit also contains an ``alternative certification'' 
condition, which allows a waiver for any chemical monitoring 
requirement for a pollutant that the permittee believes is not present 
at the facility.
    One commenter stated that the proposal arbitrarily and capriciously 
requires thirty (30) mandatory structural and non-structural Best 
Management Practices (BMPs) and that EPA should defer BMP selection to 
the discretion of the facility operators. In response to this concern, 
EPA has reviewed the requirements in this sector, and for all other 
sectors, for BMP implementation and has revised the final permit to 
maintain flexibility in the selection of BMPs to be implemented at any 
particular industrial activity. The facility operator is allowed to 
choose the best type of management practices for their facility and 
their particular storm water problems. The permit does not mandate 
specific structural controls.

Asphalt Paving and Roofing Materials and Lubricant Manufacturing 
Facilities

    Several commenters indicated that there should be further 
subdivision of the industries covered by the asphalt paving and roofing 
materials manufacturers and lubricant manufacturers sector. Commenters 
indicated that the industries covered by the sector do not have similar 
raw materials, finished products or processes. EPA realizes there are 
differences in the industrial activities covered under this section of 
the permit. EPA has analyzed the sampling data for the asphalt paving 
and roofing materials manufacturers separately from the lubricant 
manufacturers. The determination of the monitoring requirements for the 
final permit were made based upon the subsector analyses, not upon 
analyses of the entire sector's data. Although there were differences 
in the concentrations of pollutants in storm water discharges from 
these types of facilities, these differences are not substantial. 
Regardless, the permit requirements allow for variation from facility 
to facility. The operator must prepare a storm water pollution 
prevention plan based upon the sources of contamination which they 
identify.
    Commenters also expressed concern with the portion of the proposed 
permit's fact sheet which discusses the potential pollutants of 
concern. Commenters stated that they disagreed with EPA's 
characterization of several pollutants being ``of concern''. The 
commenters felt that the part 2 application sampling results clearly 
indicated that these pollutants were not of concern for the industry.
    The pollutants of concern are the parameters listed in the fact 
sheet as potentially being present in the storm water discharges and 
they may be different from the pollutants which a sector is required to 
monitor. These pollutants are listed based upon significant materials 
and industrial activities and other information submitted in the group 
applications. The listing of these pollutants provides guidance to 
facility operators in helping identify potential sources of storm water 
contamination and in selecting appropriate BMPs. EPA believes that the 
Part 2 sampling results cannot be the sole factor considered when 
selecting pollutants of concern for an industry. Permit writers must 
also consider all significant materials and industrial activities 
exposed to storm water.
    Several commenters reinforced EPA's decision not to include 
analytical monitoring requirements for the asphalt or lubricant 
manufacturing facilities. A number of commenters stated their 
opposition to the alternative monitoring requirements included in the 
proposed permit's fact sheet. (The alternative monitoring requirements 
included annual analytical requirements for TSS, COD, pH and oil and 
grease.) One commenter expressed support for the analytical 
requirements, indicating that this would be the best way to evaluate 
the effectiveness of the storm water pollution prevention plan. 

[[Page 51088]]

    Based on the revised methodology for determining pollutants of 
concern (discussed under monitoring), EPA has determined that limited 
analytical monitoring requirements are necessary to aid the asphalt or 
lubricant manufacturing facilities in evaluating the effectiveness of 
the permit. Today's permit contains analytical monitoring requirements 
for total suspended solids (TSS) from these facilities. There are also 
compliance monitoring requirements for asphalt emulsion manufacturing 
facilities which are subject to the storm water effluent limitations 
guidelines. Facilities in this sector should not overlook this 
requirement.
    One commenter indicated that the frequency of the visual 
examination of storm water discharge was burdensome and suggested 
reducing the frequency to a semi-annual basis. In response EPA believes 
that facilities must perform visual examinations of storm water 
discharges in order to assess the effectiveness of the storm water 
pollution prevention plan over the course of the year. The discharge of 
pollutants may be impacted by the seasonal weather changes, or 
operational changes that occur over the course of 6 months. It is 
necessary for a facility to examine their storm water discharge on a 
quarterly basis to assess how these changes impact the quality of the 
discharge. The same commenter also suggested that a facility not be 
required to perform the visual exam after two consecutive ``clean'' 
samples are observed. EPA does not agree with the commenters 
suggestion. It is not possible to define a ``clean'' sample for a 
visual examination, because the visual exam is subjective. The exam is 
not intended to provide facilities with an absolute means of comparing 
their discharge to other facilities' discharges, it is intended to 
provide operators with a relative comparison of the discharge quality 
from one period to another.
    One commenter indicated that the compliance monitoring requirements 
and numerical effluent limitations should be eliminated for the asphalt 
roofing emulsion manufacturing facilities. The commenter felt that 
group application sampling data showed there was no need for 
monitoring. EPA's response is that the numerical effluent limitations 
for storm water discharges associated with asphalt roofing or pavement 
emulsion must be included in any NPDES permit which covers these 
discharges as required by the effluent limitations guideline at 40 CFR 
Part 443. The permit must also require at least annual monitoring for 
any pollutant limited by the effluent limitations guideline. These are 
requirements which cannot be modified in the context of this permit 
issuance.

Stone, Clay, Glass, and Concrete Products

    There were a number of comments received regarding the proposed 
permit requirements for the glass, clay, cement, concrete, and gypsum 
product manufacturing sector. These comments focused primarily upon 
three areas; the types of industrial activities addressed under the 
sector, the storm water pollution prevention plan storm water pollution 
prevention plan requirements, and the monitoring requirements.
    Several commenters indicated that they believed the sector included 
too diverse a range of industrial activities, and that sectors should 
be created for each of the various industrial activities currently 
covered under the one sector. Commenters were concerned that industries 
with relatively little discharge of contaminated storm water had been 
placed into a sector with industries with higher contamination, and 
that more stringent monitoring requirements were being placed upon 
their industry than would have been required had their industry or 
group been considered separately.
    In response to these and other concerns, EPA has revised its 
methodology for determining the monitoring requirements. EPA divided 
this sector into four subsectors for further data analyses and 
comparison to benchmarks. The subsectors included: glass products 
manufacturing, cement manufacturing, clay products manufacturing, and 
concrete products manufacturing. Monitoring requirements were 
determined based upon this subsector analyses.
    However, in relation to the storm water pollution prevention plan 
requirements for the sector, these requirements remain the same as 
proposed. EPA believes there is sufficient flexibility within these 
requirements to allow the each permittee to select the most appropriate 
measures for their site. Therefore, subsectored pollution prevention 
plan requirements were not added to the final permit.
    Commenters also expressed concern that the storm water pollution 
prevention plan requirements for this sector are burdensome, 
particularly the requirements for storage of fine granular solids, 
removal of spilled materials, and management of runoff. One commenter 
stated that storage of bulk dry materials in an enclosed area would be 
too costly, and that covering the materials with a tarp would be 
impractical given the need to access the piles. In response, EPA wishes 
to clarify that today's permit requires that facilities prevent the 
exposure of fine, dry granular solids to storm water. The permit does 
not require these materials to be enclosed, or permanently covered. At 
a minimum, a facility must cover these storage piles while the piles 
are not in use and while it is raining. However, the piles need not be 
constantly covered, provided a tarp or other removable cover is near 
by. It should also be clarified that the requirement does not apply to 
coarse granular material such as sand or gravel, only to fine granular 
materials that are readily suspended or dissolved into storm water such 
as cement or fly ash.
    The same commenter stated that a facility should be permitted to 
select the BMPs for removal of spilled materials from paved areas. In 
response, EPA wishes to clarify that the permit allows ``regular 
sweeping, or other equivalent measures'' therefore the permit does 
provide the permittee flexibility in selecting the methods for removing 
spilled materials.
    The majority of the comments received regarding the requirements 
for glass, clay, cement, concrete, and gypsum product manufacturing 
facilities addressed the monitoring requirements contained in the 
proposed permit. Many of these comments addressed the methodology for 
selection of this sector as a ``priority'' monitoring sector. These 
comments expressed concern that the monitoring methodology did not 
consider the variation in industrial activities within the sector.
    The comments also expressed concern that the bench mark or ``cut-
off'' concentrations were too restrictive. As a result of these and 
other comments, EPA has modified the methodology for selection of 
industries as ``priority monitoring sectors (comments regarding the 
methodology for selection are addressed separately in this attachment). 
The selection of industries and parameters for monitoring was made at 
the subsector level. Sampling requirements for the glass subsector, the 
cement subsector, the clay subsector, and the concrete subsector were 
determined separately. The results of the modification in the 
monitoring methodology are a reduced list of parameters for analytical 
monitoring in the concrete, clay and cement products manufacturing 
facilities.
    A number of commenters endorsed the alternative monitoring 
requirements which were included in the fact sheet for the proposed 
permit because these requirements only consisted of visual examination 
of discharge without any 

[[Page 51089]]
analytical monitoring. After further review and consideration of the 
sampling data submitted, EPA has determined there is a significant 
potential for the clay and concrete products facilities to discharge 
pollutants at high concentrations. Sampling at these facilities during 
the term of the permit is necessary to determine the presence of 
pollutants and to assess the effectiveness of the storm water pollution 
prevention plan in controlling them. The alternative monitoring 
requirements are not included in today's permit for this sector.
    Several commenters state that the requirements for monthly visual 
examination of storm water is unreasonable, and burdensome. In 
response, EPA has determined that a monthly visual examination is not 
necessary and that a quarterly (four times per year) visual examination 
of storm water discharge will provide sufficient information to the 
permittees in evaluation of the storm water pollution prevention plan, 
without imposing a substantial burden on the facility.

Primary Metals

    A number of commenters were opposed to the use of benchmark levels 
for the determination of which sectors should conduct monitoring, or 
opposed benchmark levels for specific pollutants as being 
inappropriate. Generally, commenters expressed concern that the 
benchmark levels were unrealistically low and would result in 
monitoring requirements even for ``clean'' facilities. Primary metals 
facilities were especially concerned about the proposed benchmark level 
for pyrene, which commenters believed was below detection levels, and 
is not used by many facilities in the industry.
    In response, EPA has reevaluated benchmark levels for all 
pollutants, and has adjusted the level for several. The new benchmark 
level for pyrene is 0.01 mg/L based on a laboratory derived minimum 
level (ML). Because of this new benchmark, facilities in the Primary 
Metals sector are no longer required to monitor for pyrene under the 
standard monitoring requirements of this sector. In addition, 
flexibility has been added to the permit through the adoption of an 
alternate certification that allows facilities that can certify that 
they do not have exposure of a particular pollutant to storm water to 
eliminate monitoring for that specific pollutant.
    EPA received many comments opposing the combination of several 
group applications into the primary metals sector. Commenters pointed 
out differences between industry subgroups and requested different 
requirements for different subgroups. Several commenters stressed that 
unless monitoring requirements were to be determined based on subgroups 
within the sector, that additional flexibility was needed to account 
for the wide variety of facilities within the sector.
    Although EPA agrees that industries within the primary metals 
sector conduct a variety of activities, the flexible conditions of the 
permit address those differences adequately. In response to comments 
regarding inappropriate grouping of industry sectors, sampling data has 
been reevaluated at the 3 digit SIC code level to determine which 
facilities will be required to conduct monitoring. Facilities in the 
primary metals sector have been subdivided into seven groups: SIC 331--
steel works, blast furnaces, and rolling and finishing mills; SIC 332--
iron and steel foundries; SIC 333--primary smelting and refining of 
nonferrous metals; SIC 334--secondary smelting and refining of 
nonferrous metals; SIC 335--rolling, drawing, and extruding of 
nonferrous metals; SIC 336--nonferrous foundries (castings); and SIC 
339--miscellaneous primary metals products. The final permit monitoring 
requirements now apply to only facilities in SIC groups 331, 332, 335, 
and 336.
    Some commenters also opposed the monthly inspections and visual 
monitoring requirements, as well as the quarterly comprehensive site 
compliance evaluations for this sector. EPA has dropped the monthly 
facility inspections and visual monitoring requirements. EPA believes 
that quarterly facility inspections and visual monitoring should be 
adequate to evaluate the effectiveness of the pollution prevention 
plan. The requirements for conducting comprehensive site compliance 
evaluations have also been modified. Comprehensive evaluations will be 
required only on an annual basis for this sector rather than quarterly, 
as proposed.
    Many commenters suggested alternate monitoring frequencies than 
those proposed. Generally, commenters felt that monitoring four times 
per year in years 2 and 4 was unnecessarily burdensome, impractical, or 
unrealistic, especially in arid and remote locations. Some commenters 
suggested that monitoring one or two times per year would provide 
representative data at less expense to regulated facilities.
    EPA disagrees that quarterly sampling is unrealistic and has 
provided some flexibility for active facilities that do not experience 
a representative storm event during the required sampling period. When 
a discharger is unable to collect a sample during a monitoring period 
due to adverse climatic conditions, the discharger may collect two 
samples from two separate qualifying storm events in the next period 
and submit these data. This waiver is only intended to apply to 
insurmountable weather conditions such as drought or dangerous 
conditions such as lightning, flash flooding, or hurricanes. EPA 
believes that quarterly sampling will allow better characterization of 
storm water discharges and assessment of the effectiveness of the 
facilities' pollution prevention plan, without placing an undue burden 
on permittees. Annual sampling could not accomplish an adequate 
assessment.
    Several commenters expressed opposition to the potential inclusion 
of whole effluent toxicity (WET) testing under the multi-sector permit 
and characterized WET testing as expensive, impractical, inappropriate, 
and useless. Although EPA is not including WET testing under the terms 
of today's permit for this sector, EPA disagrees that WET testing is 
inappropriate for testing storm water discharges. EPA believes that WET 
testing can be a valuable monitoring tool in certain circumstances.

Metal Mining

    Comments on permit requirements in the metal mining (ore mining and 
dressing) sector, focused on the application of the effluent limitation 
guidelines, compliance time, grouping of facilities, end-of-pipe 
treatment, definition of inactive and active mining, scope of coverage 
offered by the permit, and monitoring requirements.
    A special condition of the multi-sector general permit is that 
those discharges subject to the effluent limitations guidelines (ELG) 
for the Ore Mining and Dressing Point Source Category (40 CFR 440) 
cannot be covered under the permit. Table G-4 in Part VIII.G. of the 
Fact Sheet contains a listing of various sources of discharges at 
active metal mining facilities and specifies whether or not discharges 
from those sources are subject to the ELG. Several commenters contend 
that through this clarification, EPA will expand the scope of 
discharges subject to the ELG by including storm water runoff from 
overburden, waste rock piles, haul roads, and other sources as being 
subject to the ELG. The commenters contend that storm water runoff from 
these sources previously had not been subject to the ELG and 

[[Page 51090]]
could, in the past, be permitted as storm water discharges.
    EPA believes Table G-4 represents a clarification of the 
relationship of ELG and storm water at active metal mining sites, and 
does not expand the current ELG requirements. EPA also believes the 
development document and the ELG support the interpretation given in 
Table G-4. In the November 6, 1975 preamble to the effluent limitations 
guideline, it states ``The definition of a mine was intended to be 
sufficiently broad to cover all point source pollution resulting from 
all of the activities related to operation of the mine including 
drainage tunnels, haul roads, storage piles, etc.'' (40 FR 51727). In 
the 1978 development document (Development Document for Effluent 
Limitations Guidelines and New Source Performance Standards for the Ore 
Mining and Dressing Point Source Category, EPA, July 1978, page 146), 
the following definition of a mine was given for purposes of 
recommending subcategories and effluent limitations guidelines and 
standards:

    A mine is an area of land upon which or under which minerals or 
metal ores are extracted from natural deposits in the earth by any 
means or methods. A mine includes the total area upon which such 
activities occur or where such activities disturb the natural land 
surface. A mine shall also include land affected by such ancillary 
operations which disturb the natural land surface, and any adjacent 
land the use of which is incidental to any such activities; all 
lands affected by the construction of new roads or the improvements 
or use of existing roads to gain access to the site of such 
activities and for haulage and excavations, workings, impoundments, 
dams, ventilation shafts, drainage tunnels, entryways, refuse banks, 
dumps, stockpiles, overburden piles, spoil banks, culm banks, 
tailings, holes or depressions, repair areas, storage areas and 
other areas upon which are site structures, facilities, or other 
property or materials on the surface, resulting from or incident to 
such activities (emphasis added).

It is important to note that the definition of ``mine'' includes the 
term ``resulting from''. Thus, something ``resulting from'' the mining 
activity is considered part of the active mine even though there is no 
activity at that specific part of the mine (e.g. waste rock is no 
longer being placed on a waste rock pile that is part of the mine). It 
would continue to be considered as part of the active mine until 
reclamation is started on that same portion of the mine. Residuals 
(waste rock piles, tailings piles, etc.) from historical mining at the 
site are not part of the active mining area unless they are re-
disturbed by the current mining activity. The revision of the ELG in 
1982 addressed best available technology economically achievable (BAT), 
best conventional pollutant control technology (BCT), and best 
available demonstrated technology (BADT). That revision did not address 
the issue of what discharges were subject to the ELG. The definition of 
mine remained unchanged. In 1983, training sessions on how to implement 
the ELG were held for permit writers from EPA Regions and approved 
NPDES States. The guidance document used for those training sessions 
included the following Statement:

    ``Active mine areas'' include the excavations in deep mines and 
surface mines; leach areas; refuse, middling, and tailing areas; 
tailing pond, holding and settling basins; and other ancillary areas 
to a mine or mill. Active mine areas do not include areas unaffected 
by mining or milling.

    Based on the above, it is EPA's position that the following storm 
water discharges at active metal mining facilities are not subject to 
the ELG and can be covered by the multi-sector general permit: offsite 
haul/access roads; onsite haul roads not constructed of waste rock or 
spent ore; runoff from tailings dams/ dikes when not constructed of 
waste rock/tailings; concentration building and mill site if storm 
water only and no contact with material storage piles; chemical storage 
area; docking facility; explosive storage; fuel storage; vehicle/
equipment maintenance area/building; vehicle/equipment parking areas; 
power plant; truck wash area; reclaimed areas released from reclamation 
bonds prior to December 17, 1990; and partially/inadequately reclaimed 
areas or areas not released from reclamation bond. Storm water 
discharges from inactive mining facilities can be covered under the 
multi-sector permit.
    In developing Table G-4, consideration was given to such factors as 
the nature of the source, the materials in the sources (e.g. raw 
materials, intermediate products, or waste products from the mining and 
milling operations), and whether or not it was likely that source was 
considered in the development of the ELG. It was decided that runoff 
from on-site haul roads not constructed of waste rock or spent ore, and 
runoff from tailings dams/dikes not constructed of waste rock/tailings 
should not be considered subject to the ELG because they do not have 
the same potential for containing toxic pollutants as do mine wastes. 
Such runoff would be similar to that from non-mine facilities.
    Two commenters stated that if the scope of discharges subject to 
the ELG for the Ore Mining and Dressing Point Source Category is 
expanded, then the permit needs to allow additional time (up to 3 
years) to come into compliance with the effluent limitations as was 
proposed for the effluent limitations in the mineral mining sector. As 
explained in the response to the previous comment, Table G-4 is a 
clarification, not an expansion, of the discharges subject to the ELG. 
The multi-sector general permit does not authorize (apply to) 
discharges subject to the ELG for metal mining (i.e., 40 CFR Part 440). 
Therefore, a schedule for achieving compliance with those effluent 
limitations is not appropriate for the multi-sector general permit. 
Furthermore, the statutory deadline for compliance with the ELG is 
past.
    A commenter felt that the draft multi-sector permit is extremely 
generic and lumps together all facilities in an extremely broad 
industry sector (e.g., ore mining and dressing), regardless of 
differences in product, processes used, or topographic and climatic 
conditions. The commenter further stated that difficulties caused by 
generic treatment of disparate facilities in a broad industry 
``sector'' (e.g., the ore mining and dressing sector) are exemplified 
by the manner in which EPA determined the need for analytical 
monitoring requirements. The commenter had understood the purpose of 
the group application process to be the development of tailored, 
industry-specific permits for groups of facilities located in very 
similar areas, with permit conditions being tied to the particular 
circumstances of those facilities as described in the group application 
(including the sampling data provided in those applications).
    This comment is similar to comments on several other sectors of the 
permit. The requirements to develop a storm water pollution prevention 
plan for metal mining facilities allows a great deal of flexibility to 
take into consideration such variables as type of ore being mined, 
pollutants of concern, type of mine, and local topography and climate. 
It would be difficult to have a variety of monitoring options to cover 
the various combinations of ores and climates, given the limited data 
submitted. Decisions being made on benchmark values may reduce 
monitoring requirements. Two commenters felt that imposing end-of-pipe 
treatment requirements for storm water discharges from mining 
operations, such as those contained in the ore mining and dressing 
effluent limitation guidelines, is both impractical and unnecessary. In 
the commenters opinion, the use of BMPs is 

[[Page 51091]]
more appropriate than the use of numerical effluent limitations.
    This comment appears to be related to a previous comment about EPA 
expanding the scope of discharges from metal mining facilities that are 
subject to the effluent limitations guidelines (ELG) for the Ore Mining 
and Dressing Point Source Category (40 CFR Part 440). As previously 
mentioned, those discharges subject to the ELG are not authorized by 
the multi-sector permit. The storm water pollution prevention plan 
requirements in the permit do not include the requirement to use end-
of-pipe treatment for those storm water discharges from metal mining 
operations that can be covered by the permit. In some situations end-
of-pipe treatment may be the appropriate means of control and should be 
used. That would be determined on a case-by-case basis.
    With regard to the definition of inactive metal mining and dressing 
facilities, two commenters stated that the proposed 10-year period for 
declaring inactive status is arbitrary. They suggest that a more 
logical date for the distinction between active and inactive facilities 
would be December 17, 1990, which is now expressly referenced in EPA's 
storm water regulations at 40 CFR Sec. 122.26(b)(14)(iii).
    In response, some metal mining facilities may be temporarily shut 
down due to poor market conditions (e.g., uranium mines), seasonal 
conditions (e.g., heavy winter snows), and/or other factors. Some of 
these facilities are ``mothballed'' with the intent of bringing them 
back into operation when conditions improved to an acceptable level. 
For purposes of the multi-sector permit it was decided to consider such 
facilities as ``temporarily inactive'' rather than inactive. The 
distinction between ``temporarily inactive'' and ``inactive'' often is 
unclear when no reclamation activities have occurred at the site. In 
the draft permit the distinction between temporarily inactive and 
inactive was a period of ten (10) years with no mining and/or milling 
activity at the site. In the final permit the determination will be 
based on whether or not the facility has an active mining permit issued 
by the applicable (federal or State) governmental agency that 
authorizes mining at the site. All States now have agencies that have 
the authority to authorize mining on non-federal lands. Even though 
there may be no activity at the facility, it will be considered 
temporarily inactive as long as it has a permit for mining activity at 
the site.
    The definitions of inactive and temporarily inactive facilities 
have been revised somewhat to reflect what EPA believes to be the 
appropriate distinction between the two definitions. In order for a 
site, or portion thereof, to be considered ``inactive,'' there must not 
be any current metal mining and/or milling activities, as defined in 
this permit, at that portion of the site and that portion of the 
facility does not have an active mining permit issued by the applicable 
governmental agency that authorizes mining at the site.
    A metal mining facility, or portion thereof, is considered to be 
``temporarily inactive'' if metal mining and/or milling activities 
occurred in the past, but currently are not being actively undertaken, 
the facility has an active mining permit issued by the applicable 
governmental agency that authorizes mining at the site. There is no 
time limitation on how long such a site can be considered to be 
temporarily inactive. EPA believes such sites should provide the extra 
storm water pollution prevention requirements that the temporarily 
inactive status requires compared to what is required for inactive 
status.
    The proposed permit would require metal mining sites to identify, 
in pollution prevention plans, the outfalls from the site that contain 
mine drainage or process water and designate for each outfall the 
boundaries of the area that contribute to such areas. A commenter 
objected to this permit condition as being beyond the scope of the 
proposed multi-sector permit. Except for primary metals industrial 
sector, this is not being required of other industrial sectors.
    In response, Part XI.G.3.a(3)(a)(i) of the draft permit stated ``A 
site topographic map shall be included in the plan that indicates, at a 
minimum: . . . and boundary of area that contributes runoff to outfalls 
that are subject to effluent limitations guidelines.'' EPA would like 
to clarify that the last part should read ``. . . boundary of tributary 
area that is subject to effluent limitations guidelines.'' Those 
discharges that are subject to effluent limitations guidelines (ELG) 
need to be regulated under another permit. It is the permittee's 
responsibility to identify discharges that are not authorized under 
this permit, but that mix with those storm water discharges that are 
authorized by the permit. This requirement is included in the metal 
mining sector because at most metal mines there are numerous areas 
where the storm water runoff is subject to the ELG. That is not the 
situation for most of the other sectors covered under the multi-sector 
permit.
    One commenter stated that EPA should clarify that storm water 
permits are not required for discharges at mining sites which are not 
contaminated by contact with significant materials. This comment also 
applies to the coal mining and mineral mining sectors.
    In response, based on the definition of storm water discharges 
associated with industrial activity (40 CFR 122.26(b)(14)(iii)), a 
permit is required for discharges from mining and milling facilities 
where the discharge has come into contact with any overburden, raw 
material, intermediate products, finished products, byproducts, or 
waste products located on the site. The exception is for discharges 
from areas of coal mining operations no longer meeting the definition 
of a reclamation area under 40 CFR 434.11(l) because the performance 
bond issued to the facility by the appropriate SMCRA authority has been 
released, or for discharges from areas of non-coal mining operations 
which have been released from applicable State or Federal reclamation 
requirements after December 17, 1990.
    Two commenters felt that EPA's proposed analytical monitoring 
requirements for metal mining facilities should be substantially 
reduced, and they should be eliminated if EPA does not retract its 
proposed overly expansive interpretation of the Part 440 regulations.
    In response, EPA has reevaluated the monitoring requirements for 
all the sectors of the multi-sector general permit and the number of 
pollutants for which monitoring is required for the metal mining sector 
has been reduced. EPA does not see any reason why the monitoring 
requirements should be further reduced just because EPA provided 
clarification as to what sources are subject to the effluent 
limitations guidelines for Metal Mining and Ore Dressing. The 
determination of the monitoring requirements for the metal mining 
sector was based on an evaluation of the monitoring data submitted with 
the group applications for metal mining facilities. The activity status 
of many metal mining facilities was taken into consideration in 
determining the monitoring requirements. Monitoring for the metal 
mining sector was limited to the active facilities.

Oil and Gas Extraction

    Comment on Sector I, the oil and gas extraction sector, focused on 
coverage allowed under the general permit for oil and gas sites and 
pollution prevention plan requirements, particularly for remote, 
unmanned sites. Representatives of the oil industry made 

[[Page 51092]]
the comment that the landfarming of oilfield wastes as a practice to 
allow biological break down should be covered by this sector of the 
general permit. They state that this is a common practice at 
exploration and production facilities sites and should be considered a 
part of the oil and gas facility activity and not an industrial waste 
land application site subject to the requirements under the land 
application sector in part XI.L. of the multi-sector permit.
    In response, EPA would first like to note that the land application 
or disposal of oilfield wastes, produced waters, and oilfield drilling 
muds is an activity that is regulated by most States; and as such must 
be taken to State approved disposal sites. The discharge of any of 
these materials and their associated pollutants to a water of the U.S. 
is not authorized under this sector. Although, in theory, the practice 
of landfarming oilfield wastes would seem consistent with a no 
discharge requirement, there is the potential for pollutants from these 
land application sites to be discharged in storm water runoff and as 
such should comply with the permitting requirements of 122.26(b)(14). 
The oil and gas industry is not unique in that it land applies 
industrial wastes as a disposal practice. EPA must be consistent in its 
approach to land disposal practices under the storm water program. 
Also, EPA is concerned that proximity of the disposal site to actual 
drilling activity may be variable. For these reasons EPA believes these 
sites are more accurately described as land application/disposal sites 
and are subject to storm water permitting under section XI.L. of this 
permit. Where these sites are indeed proximate to the drilling/
production site the disposal activity would be considered a co-located 
activity and would be subject to the additional requirements under 
Sector XI.L. of this permit.
    Commenters requested that the construction activities associated 
with oil and gas exploration and production (e.g., construction of 
access roads, drill pads, mud pits etc.) should be covered under the 
erosion requirements of this permit and that those activities not 
require a separate general permit coverage for the construction 
activities. In response, erosion, sediment, and pollution control 
should be addressed in all pollution prevention plans for industrial 
activity. Particularly where the industrial activity has the potential 
to disturb vegetation or natural runoff patterns and exacerbate 
erosion. This is true of oil and gas exploration and production 
activities. Therefore EPA has included additional requirements in the 
development of pollution prevention plans for these facilities. 
However, where the construction of a drilling site or any construction 
of facilities covered by this sector would cause the disturbance or is 
part of a plan to develop which would disturb five acres or more, then 
that construction activity itself, becomes an industrial activity which 
is defined in the regulations (40 CFR 122.26) as having storm water 
associated with industrial activity which requires separate permitting. 
EPA has issued a general permit which addresses the runoff from 
construction activities. This multi-sector general permit, while 
providing guidance for construction activities under five acres that 
may occur at a site, does not authorize large scale construction (5 or 
greater acres) and erosion control. EPA does not believe that it is 
unnecessarily burdensome for the oil and gas industry to file a 
construction general permit Notice of Intent and be compliant with the 
pollution prevention requirements for their sites which will cause the 
disturbance of five acres or more.
    Many commenters expressed concern that it will be very difficult 
(if not impossible) for oil and gas facilities to do visual monitoring 
on their remote unmanned sites. They complain that they will not know 
when its raining and cannot get there in time to get a proper sample. 
These commenters request that this quarterly visual monitoring be 
dropped from the multi-sector general permit as a requirement for 
remote, unmanned oil and gas sites.
    In response to the issue of a remote facility being required to 
comply with the monitoring provisions, EPA realizes that if a facility 
is inactive and unstaffed it may be difficult for the operator to 
collect storm water discharge samples when a qualifying event occurs. 
Today's final permit has been revised so that inactive, unstaffed 
facilities can exercise a waiver of the requirement to conduct 
quarterly visual examinations.
    Commenters asked for a two-tiered storm water pollution prevention 
plan. One for those facilities with lots of activity and a less 
burdensome plan (a de minimis plan) for remote facilities that are 
unmanned and have no activities (e.g., old oil field with a few capped 
wells on the property).
    EPA agrees that a pollution prevention plan for inactive, unmanned 
sites should not include all of the same elements of a facility with 
continuous activity and personnel. However, the proposed pollution 
prevention plan requirements already allow for a plan that addresses 
potential pollutant sources in a way that is appropriate for each 
facility. EPA believes that this allows adequate flexibility for 
operators of unstaffed, inactive sites to address activities such as 
housekeeping and preventive maintenance in a manner that is appropriate 
for that site.

Coal Mines and Related Facilities

    EPA includes inactive mining areas because significant materials 
remain on site which can be exposed to storm water and runoff. Two 
commenters disagreed with the listing of solvents, cleaning agents, 
contaminated soils and sludges as significant materials found on 
inactive sites. EPA agrees that these materials are not normally found 
on inactive sites in significant amounts, especially compared to 
exposed overburden and refuse piles. However, the Agency wishes to call 
attention to the possibility of these materials existing at inactive 
sites where machinery has been intensively used or has been abandoned.
    One commenter disagreed with the Agency's conclusion that suspended 
solids and iron in storm runoff merit attention based on sampling data 
submitted. The commenter indicated that the sampling could not be 
presumed representative and that very high suspended solids 
concentrations are found in runoff from undisturbed areas in many 
western coal mines. The Agency agrees that the data was provided by 
only a small percentage of coal mines participating in the group 
application process and may not be representative. However, the 
sampling data submitted does give some indication of the relative 
amounts of pollutants contributed by storm runoff and the Agency wishes 
to call attention to those pollutants which appear to be more 
significant.
    EPA requested comments on alternative monitoring and reporting 
requirements which include annual sampling of 20 percent of haul road 
discharges and analyzing the samples for settleable solids. Four 
commenters responded to these alternative requirements, all negatively. 
The primary reason indicated was that the expense and burden of 
analytical monitoring would not be justified. Most indicated that 
controls through Best Management Practices (BMPs) and visual 
examinations would be sufficient. EPA acknowledges these responses and, 
although it believes there is value in occasionally performing 
settleable solids evaluations, withdraws the alternative monitoring 
requirements as an option to the required visual examinations.
    Four commenters indicated that the Surface Mining Control and 

[[Page 51093]]
    Reclamation Act (SMCRA) requires sediment and erosion controls in the 
form of BMPs and this requirement should be sufficient for purposes of 
the storm water general permit. One of the commenters disagreed with 
the reference of SMCRA requirements as minimum requirements rather than 
primary requirements of the pollution prevention plan of the general 
permit. EPA acknowledges the SMCRA sedimentation and erosion control 
requirements as the primary requirements for active coal mining-related 
areas and for inactive areas under SMCRA bond authority. The permit 
wording is modified to this effect while still indicating that, where 
determined appropriate for protection of water quality, additional 
sedimentation and erosion controls may be warranted.
    Four commenters felt that the requirement for quarterly sampling 
and visual examination of representative discharges is burdensome and 
unnecessary. Reasons cited were that active areas and regulated by 
SMCRA, haul roads in some areas are remote, and rainfall in some 
western areas is unpredictable and spotty. Two of these commenters 
suggested as-needed visual examinations, one suggested annual 
examinations, and one suggested semi-annual examinations.
    Although haul roads are regulated by SMCRA and in some cases may be 
remote, EPA is concerned that they can be a significant source of 
stream siltation if sediment and erosion control measures are not 
adequate to provide necessary protection of stream quality during 
precipitation events. The Agency believes that a requirement for 
periodic visual examinations of representative discharges is necessary 
in order to provide some evaluation of the effectiveness of control 
measures under actual runoff conditions. EPA also acknowledges that 
drier western areas would have less frequent incidences of 
precipitation resulting in runoff. The Agency has reduced the sampling 
and visual examination requirements from quarterly to semi-annually 
both for areas having an average annual precipitation of 20 inches or 
less as well as for inactive areas under SMCRA bond.
    One commenter suggested that the requirement to collect samples 
form discharges resulting from storm events greater than 0.1 inch 
should be replaced by a requirement to collect samples resulting from 
any storm event sufficient to produce a visual flow. The Agency is 
concerned that some very small storm events may not have sufficient 
potential to significantly disturb and carry off sediment even though 
the storm events may produce visual flows. To evaluate effectiveness of 
sediment and erosion control measures under conditions which have 
potential for stream siltation, sampling discharges resulting from at 
least a 0.1 inch storm is felt warranted.
    Four commenters disagreed with the requirement to sample within a 
30-minute period or, where not practical, within a one-hour maximum 
period after beginning of a discharge resulting from a 0.1 inch storm 
event. Their concerns were similar in that some mining areas are 
extensive, rainfall measurements may differ in different parts of a 
mining area, and one hour is not enough time to respond with sampling. 
One of the commenters suggested that the sampling be required within 
one hour or as soon as practical after discharge begins. Another of the 
commenters suggested that samples be collected within two hours of 
discharge within normal business hours at 25 percent of a facility's 
representative outfalls.
    The requirement of a 30-minute period (one hour where impractical) 
for obtaining samples is based on the fact that the highest potential 
of sediment runoff and resulting stream siltation occurs during early 
stages of storm periods where loose dirt and other materials are most 
likely to be swept away. However, the Agency recognizes possible 
problems at large mining areas for sampling within the required 30-
minute to one-hour maximum period after beginning of discharge. The 
requirements are changed to allow sampling within the first one hour 
after beginning of discharge or, as soon as practical, but not to 
exceed a two-hour maximum time period. The Agency believes that this 
requirement is not burdensome since samples are required only from 
representative discharges and at frequencies of once per quarter and 
less in drier areas of the nation. Sampling flexibility is also 
provided by the number of 0.1 inch or greater precipitation events 
occurring during the quarterly or semi-annually sampling periods.
    One commenter pointed out that the chemical monitoring requirements 
do not distinguish between active and inactive areas. This commenter 
and three others opposed monitoring requirements for inactive areas. 
Two of these commenters suggested, however, that samples be collected 
if discharges occurred during an inspection. The Agency agrees that 
mandatory sampling of inactive areas within a specific time period 
after initiation of a discharge due to a minimum precipitation event 
may be burdensome and has changed that requirement for operators of 
inactive, unstaffed facilities.
    Three commenters suggest that inspections for inactive sites be 
specified at once every three years rather than yearly with an 
allowance under certain conditions of less frequent inspections. EPA 
does not believe that an across-the-board allowance of one inspection 
every three years would be adequate. Although no mining-related 
activity may be taking place at inactive sites, exposure of unreclaimed 
overburden, refuse or other materials on site is susceptible to erosion 
and runoff and warrants more frequent inspections of sediment and 
erosion control measures. Yearly inspections are felt to be appropriate 
to better assure that control measures have not deteriorated.

Mineral Mining and Processing Sector

    The comments on sector J, the mineral mining and processing sector 
focussed on eligibility under the sector, monitoring requirements, and 
the pollution prevention plan requirements of the permit. EPA requested 
comment on whether mine dewatering should be included in the storm 
water multi-sector permit, and if included, if it should be expanded 
from just Region VI to all EPA Regions.
    EPA has elected to allow currently unpermitted mine dewatering 
discharges from Construction Sand and Gravel, Industrial Sand, and 
Crushed Stone mines to be included in this permit, but only for 
facilities located in EPA Region VI and Arizona. This option does not 
exist in other EPA regions. Region VI and Arizona have a large number 
of unpermitted mine dewatering discharges and limited resources 
necessitating this requirement.
    EPA Region VI proposed a limited amount of monitoring. Commenters 
felt that monitoring should be limited to only those parameters for 
which there are ELGs. For example, the construction sand and gravel 
subcategory (SIC Code 1442) only has ELGs for pH.
    EPA Region VI has elected to require monitoring for those 
parameters indicated in the proposed permit. EPA believes that such 
monitoring is necessary to assess the pollutants levels in the 
discharge and to assess the effectiveness of the pollution prevention 
plan.
    Commenters felt that industry should not be required to attain 
discharge levels for solids to a greater degree than that occurring in 
the natural erosion of the surrounding area or that found in the 
receiving stream during storm events. To that end, the commenters 
requested that the industrial facility or the State be 

[[Page 51094]]
responsible for establishing criteria for TSS limitations. In the 
proposed storm water discharge permit EPA did not establish any new 
storm water effluent limitations. Rather, the limits in the proposed 
permit are existing effluent guidelines under the NPDES program which 
the discharger should already be meeting. EPA believes that it would be 
imprudent to allow industry to establish its own TSS limitations. The 
method which a owner/operator of a facility chooses to reduce storm 
water discharges is left to the industrial facility.
    In addition, EPA wishes to clarify that the ``cut off'' 
concentrations are not the same as effluent limitations. If a facility 
is unable to verify that its storm water discharge is below the cut-off 
concentration it will be responsible for the continued monitoring of 
that pollutant in its storm water discharge. Once again, the ``cut 
off'' concentrations are not storm water effluent limitations and 
should not be viewed as limits that must be met.
    Commenters felt that while assessment and implementation of needed 
BMPs may be necessary, written discussion, documentation and scheduling 
of this procedure should not be a requirement of the storm water 
pollution prevention plan. According to the commenters, such 
assessments and decisions should be made prior to the development of 
the storm water pollution prevention plan. The outcome of those 
decisions should be made a part of the storm water pollution prevention 
plan. The commenters felt that the storm water pollution prevention 
plan represents the avenue for preventing storm water pollution and 
should not be used as an engineering report for BMP evaluation and 
selection.
    On page 61162 of the November 19, 1993, Federal Register EPA 
identified the focus of storm water pollution prevention plans. The 
plan has ``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. . . .'' 
EPA further States the storm water pollution prevention plan 
requirements are intended to facilitate a process whereby the operator 
of the industrial facility thoroughly evaluates potential pollutant 
sources at the site and selects and implements appropriate measures 
designed to prevent or control the discharge of pollutants in storm 
water runoff. EPA believes it is necessary to include the discussion 
and documentation of BMP selection in the storm water pollution 
prevention plan to ensure the plan developed for a facility is 
operating effectively. The storm water pollution prevention plan 
process involves four steps including the assessment of potential storm 
water pollution sources, the selection and implementation of 
appropriate management practices and controls, and the periodic 
evaluation of the effectiveness of the plan to prevent storm water 
contamination. Because of the uniqueness of mine sites, the 
effectiveness of the BMPs can most effectively be evaluated after their 
implementation.
    Commenters requested that EPA provide for reduced inspection and 
visual examination requirements for active mineral mining and 
processing sites given the Agency's findings that these sites have 
``generally low pollutant values.'' In response, EPA strongly believes 
that quarterly visual examinations of storm water discharges is 
appropriate. Since EPA is not proposing the monitoring of storm water 
discharges from all subsectors, quarterly visual examinations will 
allow for feedback to be incorporated into a storm water pollution 
prevention plan.
    Commenters requested that EPA provide for flexible inspection 
requirements and no monitoring requirements for inactive mineral mining 
and processing facilities, consistent with the Agency's proposed 
approach for metal mining sites. In response, EPA will require chemical 
monitoring of storm water discharges only from active sand and gravel 
and dimensional stone, crushed stone and non-metallic minerals 
facilities in this sector. The permit still requires quarterly visual 
examinations of all storm water discharges from active facilities but 
this requirement can be waived for inactive, unstaffed facilities.
    The proposed mineral mining and processing sector permit required 
annual inspections for temporarily and permanently inactive sites, but 
did not allow for reduced inspection requirements for remote and 
inaccessible sites as EPA proposed for inactive ore mining and coal 
mining sites. Commenters requested that EPA provide the same relief 
provision for mineral mining sites as it did for coal and ore mining 
sites. In response, EPA has revised its inspection requirements by 
reducing the frequency of the comprehensive site compliance evaluation 
to annual for all active and inactive mineral mining and processing 
facilities.
    Commenters felt that the requirements and conditions for 
termination of permit coverage would be unworkable because the 
``background values'' for certain parameters, such as total suspended 
solids, would be highly variable from outfall to outfall and according 
to the intensity of storm events. In response, EPA has elected to 
delete the conditions for termination of coverage. These conditions 
would have been made available only if the alternative monitoring 
requirements were imposed in the final permit for this sector.

Hazardous Waste Treatment Storage and Disposal Facilities

    One commenter questioned the definition of ``treatment, storage, or 
disposal facility'' that will be used relative to the storm water 
regulations. The storm water regulations published in the November 16, 
1990 Federal Register apply to ``hazardous waste treatment, storage, or 
disposal facilities that are operating under interim status or a permit 
under subtitle C of RCRA.'' The multi-sector permit requirements in 
this sector, apply to ``facilities that treat, store, or dispose of 
hazardous wastes, including those that are operating under interim 
status or a permit under subtitle C.'' The use of the term 
``including'' is not clear. The same commenter requested clarification 
regarding the inclusion of hazardous waste generators who operate 
storage areas (with less than 90-day accumulation) or temporary 
satellite accumulation areas. In addition, another commenter requested 
clarification on whether facilities regulated under Subpart X of 40 CFR 
264 are subject to the storm water provisions.
    EPA's intent regarding storm water permit coverage for facilities 
under this sector, is to include all treatment, storage, or disposal 
facilities (TSDFs) operating under interim status (40 CFR 265) and 
those operating under a permit issued pursuant to 40 CFR Parts 264 and 
270. This includes facilities regulated under Subpart X of Part 264. It 
also includes recycling facilities whose operations are subject to 
regulation under Part 266, to the extent that these activities also are 
subject to interim status or permitting requirements under Subtitle C 
of RCRA. Used oil recycling facilities that are subject to regulations 
under Part 279 are included in Sector N of this permit, rather than 
Sector K. Sector K does not include generators who temporarily store 
hazardous waste pursuant to the requirements in 40 CFR 262. The permit 
language has been clarified to confirm that the multi-sector permit 
requirements in this sector apply to facilities that treat, store, or 
dispose 

[[Page 51095]]
of hazardous wastes and that are operating under interim status or a 
permit under subtitle C of RCRA.
    Several questions were received regarding the parameters included 
in the monitoring requirements. More specifically, several commenters 
questioned the inclusion of Total Kjeldahl Nitrogen (TKN) and Chemical 
Oxygen Demand (COD) in the industry monitoring requirements in Table K-
3, and the exclusion of Total Suspended Solids. The U.S. Army 
questioned whether the data they submitted was incorporated into Table 
K-1 on conventional pollutants in storm water. The Army also requested 
that EPA clarify the form of cyanide that is to be monitored, and 
suggested that a numerical detection limit should be specified for 
total recoverable magnesium and cyanide, rather than the words 
``detection limit.''
    The monitoring parameters and the cut-off concentrations specified 
by EPA for this sector primarily were based on the parameters 
previously established for the baseline general permit. These 
parameters were based on consideration of significant materials and the 
industrial activities of facilities in this industry. The amount of 
storm water data specific to TSDFs that EPA was able to evaluate was 
very limited; any data submitted from military organizations was 
evaluated separately and not included in Table K-1. Total recoverable 
cyanide is to be monitored by TSDFs; the commenter is referred to 40 
CFR 136 regarding analytical methods to be used in the storm water 
program. Regarding the cut-off values for total recoverable magnesium 
and total cyanide, the concentration for magnesium is .0636 mg/l and 
the concentration of cyanide is .022 mg/l.
    Some commenters questioned Region 6's assertion that storm water 
from hazardous waste Treatment, Storage, and Disposal Facilities 
(TSDFs) would not be allowed coverage under the Multi-Sector General 
Permit in Region 6 States (OK, NM TX, and LA). These commenters asked 
whether Region 6 intended to exclude only commercial facilities or all 
TSDFs. A few of these commenters noted that the exclusion of all TSDFs 
would put a financial and resource burden on both the regulated TSDFs 
and EPA by requiring all facilities to obtain individual permits. One 
commenter asked whether this applied to closed TSDFs as well.
    Region 6 agrees with the commenters that it would be unduly 
burdensome to both the industry and the Agency to issue individual 
permits for all TSDFs. At this time, Region 6 would like to clarify 
their intent and indicate which TSD facilities would be allowed to be 
covered by a general permit; and those the Region specifically believe 
must obtain individual permits. Region 6 believes that General Permit 
coverage is appropriate for TSDFs that are self generating and are 
probably covered by the Multi-Sector General Permit via some other 
(primary) industrial sector. These facilities would be required to 
comply with the specific requirements in the Multi-Sector General 
Permit for their TSDF areas. The Region believes that the Multi-Sector 
General Permit requirements and monitoring for these facilities are 
appropriate. This would also apply to facilities that only store 
hazardous waste and do not treat or dispose of the hazardous materials. 
Also, the Region believes that disposal facilities that have been 
properly closed and capped, and have no significant materials exposed 
to storm water should not require permits in accordance with the 
description of storm water associated with industrial activity [40 CFR 
122.26 (b)(14)].
    However, it is Region 6's intent to issue individual permits for 
all commercial Treatment and Disposal Facilities. Those facilities 
would only be those which take commercially produced hazardous wastes 
(not their own) and treat or dispose of those materials. The Region has 
few of these, and the burden on the Regional permitting staff is small. 
Only six commercial facilities applied for coverage through the group 
application process. To date, Region 6 has required individual permit 
applications from all such facilities; and permits have included 
specific technology and water quality based limits. To allow existing 
facilities to obtain permit coverage under the Multi-Sector General 
Permit would be backsliding, and not allowable under part 402(o) of the 
CWA. To allow new facilities with permit conditions that are less 
stringent would not be consistent and would provide an economic 
advantage to new facilities over existing ones. In addition, Region 6 
believes that more careful compliance tracking is warranted for 
facilities that treat and dispose of hazardous waste as a commercial 
operation. The Region does not believe that this would be burdensome on 
the few facilities that fall into this ``commercial'' category. These 
are large facilities that treat and dispose of large quantities of 
hazardous wastes as a service to generators. Because individual permits 
for these commercial hazardous waste treatment and disposal facilities 
has always been a priority, the Region believes it is consistent and 
appropriate to require all such facilities to apply for individual 
NPDES permits for their storm water discharges. This distinction does 
not apply to facilities that take and dispose of household 
(residentially produced) hazardous wastes. Facilities that accept, for 
disposal or treatment, wastes generated by private individuals at their 
residence are not required to submit individual applications unless 
they are a commercial facility for the treatment or disposal of 
hazardous wastes. Region 6 does not wish to discourage benevolent 
industry operators from offering this service and thereby discourage 
the proper disposal of household hazardous wastes by limiting their 
eligibility under this general permit.

Landfills and Land Application Sites

    One commenter stated that the permit should provide reduced 
monitoring and pollution prevention plan requirements for landfills and 
land application sites that receive a homogenous waste stream. EPA 
agrees with the commenter that there are a wide range of industrial 
landfill and land application types depending on the nature of the 
waste received/managed. Even where the same waste categories are 
received by two landfills (or land application sites), waste 
characteristics may be highly source-specific. For example, ash 
composition varies significantly depending upon the fuel type/source 
and the combustion process. Because of this diversity and the limited 
extent of monitoring data submitted with the group applications, the 
Agency has established broad monitoring requirements for this sector. 
Further, the Agency believes that quarterly monitoring during the 
second year of the permit is necessary to fully characterize storm 
water discharges from individual sites. The Agency also notes that 
Section 5.a.(3).(a) of the permit waives monitoring requirements during 
the fourth year on a pollutant-by-pollutant basis where sampling shows 
concentrations below the threshold levels.
    Several commenters expressed concern that a wide variety of 
pollutants are listed in the monitoring requirements of the proposed 
permit. Potential source of pollutants and pollutant types vary 
significantly from landfill to landfill. EPA concurs with the commenter 
that there are a wide range of industrial landfill types depending on 
the nature of the waste received/managed. To address the commenter's 
concern, the Agency has developed the alternative certification 
described in Section L.5.a.(5) of the permit. This provision will allow 


[[Page 51096]]
permittees to exercise a waiver of the monitoring if they can certify 
that storm water will not be exposed to potential sources of pollution.
    The Agency believes that permittees should implement BMPs to 
minimize erosion at sites (i.e., to prevent/minimize pollutant loadings 
to storm water). This includes stabilizing daily cover piles, wherever 
practicable, regardless of their locations. These measures will reduce 
the need to rely on other controls to manage/treat storm water runoff 
after contamination has occurred.
    One commenter questioned the analytical monitoring requirements 
proposed for landfills closed prior to the effective date of 40 CFR 
258.60. The commenter felt that all landfills closed in accordance with 
State or local regulations should be exempted from analytical 
monitoring. In response, the Agency believes that prior to the 
effective date of 40 CFR 258.60 there was significant variability in 
State MSWLF closure requirements. The closure provisions of State 
industrial landfill regulations are similarly diverse. Because of this 
variability, the Agency cannot be certain that landfill areas closed 
under State programs do not have the potential to contribute pollutants 
to storm water discharges (unless the requirements are equivalent to or 
more stringent than 40 CFR 258.60). Therefore, the Agency does not 
believe it is unreasonable to require monitoring for such sites. For 
landfills that are closed according to State or local requirements that 
are equal to, or more stringent than 40 CFR 258.60, the permit includes 
the ``alternative certification'' and ``low concentration'' waivers 
which should provide a means for such a landfill to forego the need to 
monitor.
    Several commenters expressed concern that the frequency of the 
inspections required for storm water pollution prevention plan are 
excessive and impose an excessive burden upon facility operators. The 
Agency appreciates the commenters feedback on the inspection frequency 
and recognizes the potential difficulties that may arise from requiring 
inspections within 24 hours of a storm event. Therefore, the final 
permit has been revised to only include weekly inspections. The Agency 
believes that this frequency is appropriate for landfills and land 
application sites because of the nature of the BMPs typically used at 
these facilities. Erosion and sediment control measures often require 
frequent upkeep and maintenance to ensure proper operation.
    One commenter requested a reduction in the monitoring requirements 
for facilities located in cold climates due to difficulty in collecting 
samples during winter periods. The Agency does not believe that 
monitoring requirements should be adjusted for landfills solely because 
they are located in cold climates. The permit provides a temporary 
exclusion from monitoring requirements during a quarter if sampling is 
unfeasible due to adverse conditions (including weather) and this 
provision should account for difficulties in conducting sampling due to 
climate. Under this exclusion, permittees are, however, required to 
collect two samples during the next quarter to make up for the missed 
sampling requirement.
    Several commenters stated that the monthly visual examination 
requirements for this sector were excessive and burdensome. In response 
to these comments, today's permit requires only quarterly visual 
examination of storm water discharges. For active and staffed landfills 
and land application sites, the Agency does not believe that it is 
unreasonable to require sampling/visual examinations once each quarter 
within the first hour a storm event.

Auto Salvage Yards

    A few commenters indicated that storm water runoff from automobile 
salvage yards is often contaminated with spilled residues of engine and 
transmission fluids, and battery acid saturated with lead. The Agency 
agrees that automobile salvage yard facilities may have many potential 
sources of storm water pollutants. Therefore, today's final permit 
incorporates permit conditions to address these potential sources. Such 
conditions include development of a pollution prevention plan, which 
includes the implementation of BMPs, regularly scheduled inspections, 
and visual and analytical monitoring to help assess the effectiveness 
of the pollution prevention plan and to identify potential problems 
with the plan that would lead to making plan revisions and 
incorporating additional control measures.
    A few commenters stated that some of the conditions under the 
proposed multi-sector permit for automobile salvage yards are more 
stringent than those under the baseline general permit. In response, 
EPA wants to clarify that certain information, not available at the 
time of finalization of the baseline general permit, such as the group 
application information and sampling data, was used extensively in the 
development of the conditions in today's final permit. This information 
and data has identified pollutants of concern, the concentrations of 
these pollutants, and the industrial activities that are conducted on-
site that generate these pollutants. The Agency has developed 
appropriate conditions in this final permit to address these storm 
water discharges.
    Several commenters feel that the proposed semi-annual employee 
training requirement for facilities in the automobile salvage yard 
sector is too burdensome, especially considering the annual training 
required for most other sectors. Today's final permit requires 
facilities themselves to identify periodic dates for employee training 
in the storm water pollution prevention plan. The focus of the employee 
training required under the multi-sector permit is on informing 
personnel of the components and goals of the storm water pollution 
prevention plan (storm water pollution prevention plan). This includes 
familiarizing employees with their responsibilities under this plan. 
The Agency believes that periodic training programs are needed to keep 
employees up-to-date with the storm water pollution prevention plan but 
agrees that semi-annual requirements may be too burdensome for some 
facilities. EPA leaves the decision as to the frequency of employee 
training up to the facility operator because site-specific 
circumstances will call for different training frequencies and the 
facility operator is in the best position to make that decision. The 
frequency of training for auto salvage facilities can therefore be 
determined by each facility operator at the time they develop their 
pollution prevention plans. If additional training is necessary than 
what is originally identified, then the plan can be modified by the 
operator and the training frequency increased.
    A few commenters requested that the frequency of the visual 
monitoring required for facilities in the automobile salvage yard 
sector be reduced from monthly to quarterly. In response to these 
comments and other comments on this issue, and given further 
consideration of climatic variations and the other types of inspections 
required under this sector, today's final permit requires facilities to 
conduct only quarterly visual monitoring. Visual monitoring will allow 
facilities to detect potential problems and evaluate the effectiveness 
of the pollution prevention plan more frequently than just through 
chemical sampling.
    Several commenters indicated that existing BMPs at their facilities 
are sufficient or that specific BMPs listed in the proposed fact sheet 
are not appropriate. EPA wants to clarify that 

[[Page 51097]]
facilities with BMPs already in place are still required to develop a 
pollution prevention plan. Existing BMPs may, however, be used as part 
of the pollution prevention plan, if it is determined that the BMPs 
adequately address the potential pollutant sources at the site. The 
Agency notes that Table M-3 of the proposed fact sheet, Storm Water 
BMPs for Automobile Salvage Yards, is a list of BMPs to be considered 
when developing the pollution prevention plan. These BMPs may not, 
however, be appropriate under all conditions, nor may this list be all 
inclusive. Permittees should use this table as guidance when 
considering which BMPs to implement at their site.
    Numerous commenters indicated that the costs for automobile salvage 
yard facilities to comply with the proposed multi-sector permit will be 
too burdensome. Several comments stated that the cost would exceed 
$15,000 per facility. Costs, including the time and money necessary to 
meet the proposed documentation and monitoring requirements, may force 
some facilities out of business. Several comments stated that smaller 
facilities would have to hire a professional engineering firm to 
develop the pollution prevention plan and an additional employee to 
perform the recordkeeping and monitoring requirements. The cost 
estimates referred to in these comments are based on the requirements 
in the proposed multi-sector permit. The Agency notes that several of 
these proposed requirements have been reduced in today's final permit 
and that these reductions will significantly reduce the cost of 
compliance. The reductions include requiring analytical monitoring only 
for certain facilities, a pollutant-by-pollutant alternative 
certification for those facilities that are subject to analytical 
monitoring, a decrease in the minimum frequency of visual examinations 
of storm water discharges from monthly to quarterly, and a reduction in 
the minimum employee training requirements. EPA believes it is 
feasible, even for small businesses, to fulfill the requirements of 
today's permit without hiring outside help. The Agency has provided 
guidance, such as the manual; ``Storm Water Management for Industrial 
Activities; Developing Pollution Prevention Plans and Best Management 
Practices'' to assist permittees with the development and 
implementation of pollution prevention plans.
    A few commenters stated that the comprehensive site compliance 
evaluation for automobile salvage yard facilities should only be 
required once a year, not twice as was proposed in the multi-sector 
permit. The Agency agrees with these commenters and notes that today's 
final permit has been revised to require a comprehensive site 
compliance evaluation at a minimum of once per year in this and all 
other sectors.
    A few commenters stated that the inspection requirements for 
automobile salvage yard facilities are too burdensome. In particular, 
commenters stated that the requirement to implement any changes in 
measures and controls as a result of these inspections within 12 weeks 
should be changed. Although 12 weeks is enough time to make management 
procedural changes, commenters felt it is not sufficient to implement 
structural changes to the facility. Commenters requested a 1 year time 
frame to implement such changes.
    The Agency believes that the majority of the changes required as a 
result of the quarterly inspections will be procedural or programmatic 
in nature. Therefore, a 12 week time-frame should be sufficient for the 
implementation of the majority of the changes to the plan under this 
section. In the event that a permittee believes structural changes to 
the facility are necessary, the permittee should contact their EPA 
permitting authority and discuss a possible schedule for implementing 
the changes. Changes requiring construction are allowed additional time 
for implementation under the terms of the permit.
    Several commenters stated that the quarterly inspections for leaks 
from vehicles and outdoor storage areas are too burdensome. 
Comprehensive site compliance evaluations and the requirement to remove 
fluids from vehicles when they arrive on-site, or as soon as feasible 
thereafter, make quarterly inspections unnecessary. One commenter 
questioned why quarterly inspections for leaks from vehicles is 
necessary if fluids must be removed from vehicles when they arrive on-
site, or as soon as feasible thereafter. The Agency notes that there 
are certain circumstances in which fluids cannot be removed from 
vehicles immediately. Therefore, quarterly inspections should include 
checking vehicles which still have fluids for leaks. Vehicles that have 
been completely drained of fluids are not of concern for this 
inspection. EPA believes that the quarterly inspections required under 
the proposed permit target areas with a significant potential to 
contaminate storm water, such as outdoor storage of containers. 
Therefore, today's final permit includes quarterly inspection 
requirements.
    A few commenters stated that EPA should allow facilities in the 
Automobile Salvage Yard sector additional time to construct structures 
needed to control contamination of storm water runoff. One suggestion 
was to allow these facilities 5 years to construct storm water 
pollution control structures, as long as the construction design and 
schedule is developed by a professional engineer (PE) and is 50% 
complete within 24 months, 75% complete within 36 months, and 100% 
complete within 60 months. Compliance deadlines under the multi-sector 
permit allow facilities up to 3 years from the effective date of the 
permit to construct structural BMPs that are called for in the 
pollution prevention plan. The Agency believes that in most cases 3 
years is sufficient time to complete construction of structural BMPs. 
Permittees that feel they cannot complete construction within this 
specified time period should contact the applicable EPA Regional 
office.
    Several commenters stated that the proposed recordkeeping 
requirements would be the most expensive segment for facilities subject 
to the Automobile Salvage Yard sector. Facilities should not be 
required to document the volume of fluids removed from vehicles as they 
are received since transporters or recyclers document the total volume 
of fluids removed from the site when collection is made for recyling. 
Commenters also indicated that reports should be prepared at the time 
the materials are sold or recycled, and not necessarily every month. In 
response, EPA has deleted these requirements from the final permit 
since many permittee already track such information for other purposes.

Scrap Recycling and Waste Recycling Industries

    A number of commenters requested clarification on the prohibition 
of the discharge of washwater from tipping floor areas. To clarify, the 
final permit specifically prohibits the discharged of washwater from 
tipping floor areas to any part of a storm sewer system. This is 
considered a process wastewater discharge which is not authorized by 
this storm water permit. This permit also does not authorize discharges 
to the sanitary sewer system.
    A substantial number of commenters expressed concerns regarding the 
appropriateness and costs associated with requiring the usage of 
structural erosion and sediment controls at scrap recycling facilities. 
Commenters frequently stated that such a requirement was inappropriate 
at this stage of the permitting process and that scrap recycling 
facilities should be 

[[Page 51098]]
provided the flexibility to implement a range of source control 
measures. Commenters frequently stated that their facilities did not 
have the room for structural controls such as retention ponds and 
sediment basins. It was further suggested that the results of 
monitoring data, particularly for total suspended solids (TSS), 
warranted a more flexible approach to the use of erosion and sediment 
control measures.
    EPA believes that erosion and sediment controls are necessary at 
scrap recycling facilities due to the large amount of facility property 
(used for the industrial activities) which is unstabilized exposed soil 
and which receives large amounts of vehicular traffic similar to a 
construction site. For these areas, there are many types of erosion and 
sediment control measures that are appropriate for a recycling 
facility. A review of the group application information indicates that 
both structural and non-structural erosion & sediment control practices 
have been employed at scrap recycling facilities. In addition, scrap 
recycling facilities also commonly use spray water as a means of dust 
control. Regardless, EPA believes that these areas are appropriately 
classified as engaged in industrial activity and require storm water 
BMPs for controlling pollutant sources. Analysis of the part II 
sampling data indicates that approximately 22% of the grab samples for 
TSS were above 500 mg/l and, similarly for approximately 20% of the 
composite samples. EPA considers the use of erosion and sediment source 
control measures to reduce sediment loadings to be appropriate for 
scrap recycling facilities.
    The permit does provide the flexibility for operators to select a 
mix of erosion and sediment control practices to reduce suspended 
sediment loadings. However, EPA wishes to clarify an issue with regard 
to requirements for the construction of permanent erosion and sediment 
controls such as retention ponds and sediment basins. EPA expects that 
these types of controls, or their equivalent, would only be constructed 
after the operator has had the opportunity to employ a full range of 
non-structural type source control measures and where substantial 
settleable and/or suspended solids loadings still persist. EPA is aware 
that site-specific conditions could exist which would preclude the 
siting of a structural control, i.e., a retention pond. Space 
restrictions caused by permanent buildings, permanently-fixed 
processing equipment, other semi-permanent or permanent obstructions, 
and/or restrictions posed by property boundaries would be considered 
examples where the operator could make a determination that 
construction of a structural control (i.e., a retention pond or its 
equivalent) is not a viable option. If such a determination is made by 
the facility operator, the operator would be required to annotate the 
plan accordingly. The operator would then update the plan to indicate 
what modified or additional or BMPs will be implemented to reduce 
suspended solids loadings.
    Many commenters interpreted proposed permit conditions as mandating 
the use of permanent or semi-permanent covers over stockpiled 
materials. EPA is not mandating the use of covers over stockpiled 
materials. Because of the substantial quantities of stockpiled 
materials typically located at scrap recycling facilities, EPA believes 
that a requirement to mandate the use of covers is not appropriate and 
most often would be impracticable. Therefore, the decision whether to 
construct or install covers is left to the discretion of the facility 
operator. The proposed permit provides that the operator ``shall 
consider'' the use of these types of BMPs, however, the decision 
whether to use permanent or semi-permanent covers is left to the 
operator's discretion.
    EPA is concerned with controlling storm water contamination from 
certain types of recyclable materials, specifically significant 
residual fluids, accumulated particulate matter and shredder fluff that 
could be exposed to runoff in the absence of any physical means of 
minimizing contact. Consequently, EPA expects that the plan will 
include measures to minimize exposure of these materials to surface 
runoff, where appropriate.
    A significant number of commenters expressed concerns about 
proposed permit requirements that would eliminate exposure of turnings 
to precipitation or runoff. EPA wishes to clarify that it is primarily 
concerned with turnings that are produced from certain types of machine 
tool operations (e.g., milling machines, machine tool centers, and 
lathes) and which have come in contact with cutting fluids. Because of 
the potential for significant quantities of residual fluids associated 
with turnings, EPA believes they pose a substantial risk of 
contaminating surface runoff. EPA notes that this particular sub-
section of the permit does not apply to cuttings or turnings that have 
not been exposed to cutting fluids.
    In the draft permit, EPA required that ``all turnings and cuttings 
shall be handled in such a manner as to prevent exposure to either 
precipitation or storm water runoff. . . .'' Based on information 
provided by the industry, EPA believes that the requirement to prevent 
all exposure of all turning and cuttings would pose an undue burden on 
the scrap recycling industry. Such information demonstrated that, in 
most cases, turnings piles can be very large in size and are mostly 
stored outdoors due to size. Therefore, in the revised permit EPA is 
requiring scrap recycling facilities to select an appropriate BMP from 
either two suggested options, or employ an equivalent measure, to help 
minimize exposure. These options were developed based on input of 
current practices used by the scrap recycling industry.
    The final permit identifies the discharge of fluids from 
containment areas, in the absence of a storm event, as a non-storm 
water discharge prohibited under this permit. The operator would be 
required to obtain a separate NPDES permit for this non-storm water 
discharge. Discharges from turnings containment areas to the sanitary 
sewer system are not covered by this permit. The operator must seek the 
necessary approval(s), if any, from the appropriate local pretreatment 
authority.
    A substantial number of scrap recycling facilities requested 
clarification on the prohibition of non-storm water discharges from 
oil/water separators. EPA clarifies that in the absence of a storm 
event, discharges from oil/water separators to a storm sewer system are 
consider non-storm water discharges, which are not covered under this 
permit. Discharges from oil/water separators that occur as a 
consequence of a storm event, either a current event or past event, are 
permitted provided that the oil/water separator is properly maintained 
on a regularly scheduled basis as established in the plan.
    Commenters also wanted clarification on the liquids draining 
requirements as they applied to ``white goods,'' i.e., appliances. EPA 
clarifies that it is not requiring scrap recycling facilities to drain 
fluids from appliances or ``white goods,'' oil-filled shock absorbers, 
and other permanently sealed containers with very small amounts of 
fluids, though the permittee may elect to do so.
    A number of commenters requested clarification on the applicability 
of other sections of the permit where co-located facilities exist, 
e.g., equipment and vehicle maintenance in section VIII-P. Section 
VIII.N.1 specifically provides that scrap and waste recycling 
facilities that have additional facilities which satisfy the definition 
of an industrial activity covered by another section of 

[[Page 51099]]
this permit (e.g., equipment and vehicle maintenance facilities), must 
comply with the pollution prevention plan and monitoring requirements 
of that other section. The purpose of this requirement is to ensure 
that the pollution prevention plan and monitoring requirements 
appropriately address all aspects of regulated industrial activity that 
occur at a specific facility. For more explanation of this requirement, 
see the Co-located activities section of this summary.
    Another commenter noted that differences exist between the list of 
BMPs identified in Table N-11 of the factsheet and section VIII.P of 
the permit. BMPs identified in Table N-11 were not intended to be all 
inclusive; rather the table identifies optional and alternative BMPs 
that may be used for vehicle and equipment maintenance. If scrap and 
waste recycling facilities have co-located facilities that meet the 
definition of industrial activity covered under section VIII.P, the 
operator is required to comply with the plan requirements for that 
section, including any specifically identified BMPs.
    A number of commenters argued that EPA should drop the analytical 
monitoring requirements since many BMPs would be implemented thereby 
obviating the need for monitoring. In addition, these commenters said 
it would be more beneficial to target resources towards BMP 
implementation rather than to put resources towards monitoring. EPA 
does not agree that the implementation of BMPs at scrap recycling 
facilities should automatically eliminate the need to conduct 
monitoring. EPA is requiring monitoring primarily for purposes of 
demonstrating the effectiveness and adequacy of the pollution 
prevention plan as implemented over the term of the permit. EPA 
believes that the transient nature of activities at scrap recycling 
facilities and the results of the group application sampling effort 
clearly justify analytical monitoring during the permit term.
    Some commenters questioned why EPA proposed to require monitoring 
for aluminum and iron at scrap recycles. Only 5 scrap recycling 
facilities sampled for these pollutants during the group application 
process. The limited sampling information provided by scrap recycling 
facilities for iron and aluminum, however, suggests that these 
facilities may be significant sources of iron and aluminum in storm 
water runoff. Given the volumes of ferrous and non-ferrous materials 
commonly handled at scrap recycling facilities, EPA believes that it is 
reasonable to monitor for these pollutants to determine if they are 
present and if so to provide information to the facility operator to 
ensure the pollution prevention plan is effective at controlling these 
pollutants. Therefore, EPA believes that additional data on these two 
pollutant parameters is needed for purposes of better characterizing 
pollutant sources that may be present so that pollution prevention 
plans may be more appropriately designed.
    A number of commenters requested clarification on the use of the 
term ``battery reclaimers'' as it applies to scrap recycling and waste 
recycling industries. EPA agrees that scrap and waste recycling 
facilities which only collect and temporarily store used lead-acid 
batteries are not classified as battery reclaimers as described by 40 
CFR Part 266. Battery reclaimers engage in the practice of breaking-up 
used lead-acid batteries for purposes of reclaiming the lead contained 
within them. During the group application process, EPA did not receive 
any group applications composed of battery reclaimers. Therefore, 
facilities which engage in the reclaiming of used, lead-acid batteries 
are not eligible for coverage under this permit.
    EPA has reviewed a cost study provided by industry and concludes 
that a substantial portion of the costs arose as a consequence of 
unclear permit language or activities that are already substantively 
employed at scrap recycling facilities (i.e., not necessarily in 
response to the NPDES storm water program). EPA believes that the cost 
estimates provided in the fact sheet to the proposed permit are 
reasonably accurate and representative of the actual range of costs 
most facilities will experience to comply with the requirements of this 
permit (see cost of compliance discussion in this summary).
    EPA is not requiring scrap recycling facilities to construct 
permanent or semi-permanent covers over stockpiled materials, 
therefore, the estimated capital costs would be substantively reduced 
over those calculated by industry. In addition, EPA observed during a 
site visit that a scrap facility with a shredder already had at least 
one roll-off box for collecting shredder fluff. Given the substantial 
volume of shredder fluff produced annually, some means of collecting 
and disposing of shredder fluff already exists at shredder facilities. 
Therefore, EPA does not agree that scrap recycling facilities are 
facing the additional capital expenses as reported in the industry cost 
report.
    With regard to retention ponds, the final permit provides 
additional clarifying language that states that the operator is 
expected to employ a full range of non-structural erosion and sediment 
control measures to reduce sediment loadings. If substantial loadings 
persist after employing a full array of non-structural measures, the 
operator could be expected to construct a retention pond or its 
equivalent. However, the operator would first be expected to identify 
what additional measures might be taken to reduce sediment loadings 
before constructing a retention pond. In addition, the final permit 
allows the operator to make a determination that insufficient area is 
available to construct a pond or its equivalent. These additional 
provisions in the final permit are expected to dramatically reduce the 
likelihood that many scrap recycling facilities will be required to 
construct retention ponds.
    Discussions with the scrap recycling industry indicate that 
facilities that receive substantial quantities of turnings have 
established appropriate containment areas with suitable berming and 
drainage collection (including the use of sumps and/or oil/water 
separators). In addition, measures to properly dispose or recycle 
substantial quantities of residual fluids are already in practice in 
response to other environmental and safety regulations at the Federal, 
State, and local levels. Consequently, EPA does not agree that the 
estimated annual operation and maintenance cost of $13,000 can be 
exclusively attributed to the NPDES storm water program.
    The scrap recycling industry cost study estimates that berms around 
stockpile as will be replaced quarterly at an annual cost of $55,000. 
EPA has a number of concerns with regard to this estimate. The use of 
berms around certain stockpile areas was proposed as a BMP alternative 
by industry and many of its members. In addition, group applications 
cited the use of berms as a frequently employed best management 
practice. If such a cost estimate were accurate, it is unrealistic to 
expect that a scrap recycling facility would incur such a cost given 
the industry's expressed concerns about extreme competitive pressures. 
It is more likely that such a BMP would be considered impractical or 
economically infeasible by the facility operator and other BMPs would 
be chosen in preference.
    EPA also wishes to respond to a number of other costs elements 
reported in the industry study. The study also identifies additional 
costs in response to the draft permit:
     Encourage suppliers to drain fluids.
     Inbound scrap lead acid battery control program.

[[Page 51100]]

     Inbound material inspection program.
     Segregate, handle and store used batteries.
     Periodic inspections of processing equipment.
     Employee and supplier training.
    In discussions with industry representatives and scrap recycling 
facility operators during site visits, it was observed or noted that 
many of these practices are already commonly employed by the scrap 
recycling industry. In particular, manufacturer specifications on what 
is acceptable for scrap often dictates what materials are or are not 
accepted. In addition, frequent training of employees and buyers of 
scrap is necessary in order to ensure that only acceptable materials 
are received. Concerns over potential liability of accepting undetected 
hazardous waste within scrap necessitated the need for the industry to 
provide adequate training of both employees and its major suppliers. 
Therefore, EPA does not believe that the costs associated with these 
activities are overly burdensome or that they can be exclusively 
attributed to the NPDES storm water program.
    A number of commenters expressed concerns about the appropriateness 
of requiring WET testing as an alternative monitoring requirement. EPA 
has removed any requirements to conduct whole effluent toxicity testing 
from this section of the permit. A substantial number of comments were 
received by the industry with regard to other monitoring requirements 
during the permit term. To a large extent, commenters disagreed that 
monitoring during the permit term would provide the necessary 
information to support EPA's goal of assessing the effectiveness of 
pollution prevention plans. Many commenters specifically stated that 
EPA's use of benchmarks was not appropriate and that, in effect, the 
Agency was establishing numeric effluent limits for the scrap recycling 
industry. Commenters added that the site-to-site and storm-to-storm 
variability of the data will prevent EPA from determining the 
effectiveness of BMPs. In sum, the excessive cost of monitoring, the 
lack of technical and regulatory expertise, excessive administrative 
burden, and the need to hire consulting engineers were cited as 
justified reasons for eliminating monitoring requirements.
    EPA's analysis of all sampling data provided by group applicants 
within this sector revealed that the scrap recycling industry 
consistently exhibited high concentrations of metals, particularly 
copper, lead, and zinc. Moreover, sampling data also revealed that, in 
general, scrap recycling facilities were a consistent source of a wide 
diversity of conventional and toxic pollutants. EPA believes that the 
range of concentration values reported for many pollutants adequately 
supports the inclusion of monitoring for these pollutants in the 
permit.
    The group application sampling was intended to demonstrate to 
operators of facilities and to EPA the types of pollutants typically 
found in industrial storm water discharges and to give, to some extent, 
a measure of the magnitude of those pollutants. It was not expected 
that sampling results would be used as a basis of establishing numeric 
effluent limits. The purpose of monitoring in today's final permit is 
to substantiate, over the long term, that scrap recycling facilities 
are employing the full range of BMPs and to judge the overall 
effectiveness of pollution prevention plan measures in controlling the 
pollutants of concern.
    A number of commenters requested that EPA subdivide this sector to 
distinguish between scrap recycling facilities and municipal recycling 
facilities (MRF) that recycle paper, newspaper, glass, plastic 
containers, cardboard, and aluminum cans received primarily from 
residential and commercial sources. Commenters argued that MRFs are not 
the same as scrap recycling facilities, particularly with regard to the 
degree of exposure of significant materials. Commenters requested that 
EPA clarify its position with regard to BMP and monitoring requirements 
with regard to MRFs. Commenters also requested that EPA clarify any 
distinctions between MRFs that receive source-separated recyclable 
materials only (so called clean MRFs) versus those that do not receive 
source separated materials (so called dirty MRFs).
    Based on information and data submitted in two group applications, 
EPA has created a separate sub-sector for recycling facilities that 
receive only recyclable materials (source-separated facilities) 
primarily from commercial and residential sources. This sub-sector 
excludes scrap recycling facilities and dirty MRFs. EPA concludes that 
source-separated recycling facilities are different in many respects 
from scrap and waste recycling facilities and from dirty MRFs. Source 
separated recycling facilities do not produce the volume of non-
recyclable wastes that scrap recycling and waste recycling and dirty 
MRF facilities do. In addition, recycling facilities do not have heavy 
industrial processing equipment such as shearers or shredders.
    EPA observed during one site visit to a MRF that the majority of 
storage occurred indoors and there were few outdoor processing 
operations. Outdoor storage consisted only of processed materials, 
e.g., compacted bundles of aluminum cans and bins containing glass 
cullet. Outdoor storage of processed materials tended to be for only 
short periods of time as compared to scrap recycling facilities where 
stockpiled materials may be exposed for long periods of time.
    EPA also believes that recycling facilities that reject non-
recyclable waste materials at the source, e.g., curb-side, also 
distinguishes them from scrap recycling and waste recycling facilities. 
This practice is an effective means of substantially reducing the 
potential that household hazardous wastes will be accepted. Frequent 
training of pickup drivers is also common to ensure that nonrecyclable 
materials such as paints, fluorescent tubes, used oil, and pesticides 
and are not accepted. EPA believes that separate pollution prevention 
plan and monitoring requirements are appropriate for this sub-group and 
has revised the final permit to reflect this.
    EPA believes that municipal recycling facilities (MRFs) that 
receive only source-separated recyclable materials (e.g., glass, 
plastic, aluminum cans, paper, newspaper, tin cans, magazines, and 
alike) should not have the same monitoring requirements as those for 
scrap recycling facilities. MRFs are characterized as facilities that 
receive recyclable materials primarily from commercial and residential 
sources. In addition, MRF processing operations frequently occur 
indoors. EPA conducted a subsector review of sampling data submitted by 
four groups. These groups consist of facilities which receive source-
separated recyclable wastes. EPA's analysis of median concentration 
data for pollutants sampled indicated that all pollutants were below 
the benchmarks.
    EPA believes that given the nature of operations at these 
facilities and the implementation of BMPs, that these facilities should 
not be required to conduct storm water monitoring. EPA is also 
establishing separate pollution prevention plan requirements for 
recycling facilities that receive only source-separated, recyclable 
materials.

Steam Electric Generating Facilities

    Several comments were received concerning the EPA's proposed 
monitoring regimen on which sector monitoring frequencies were based 
upon ``benchmark'' concentrations of pollutants, a representation of 

[[Page 51101]]
monitoring data from NURP and the Gold Book.
    After reviewing the comments and data, EPA revised the 
``benchmark'' values and the methodology used to determine which 
industries will monitor for their storm water. Based upon the revised 
methodology, steam electric facilities are required to conduct chemical 
monitoring of their storm water discharges for total recoverable iron. 
Monitoring discharges from coal piles is still required if coal is 
utilized or stored at the facility in conformance with 40 CFR 423.
    Several commenters complained that there would be exorbitant 
additional costs involved with the ``benchmark'' monitoring 
requirements and/or BMP's required by and peculiar to the Multi-Sector 
permit. Several commenters requested justification for those 
requirements which they felt were unjustified and more stringent than 
the requirements of the general baseline permit.
    Since the Multi-Sector permit was created as a result of the group 
application process using data supplied by and specific to each 
industry sector, the permit requirements have been tailored to the 
unique needs of each industry sector. For this reason, EPA believes 
that industries that obtain coverage under the Multi-Sector permit and 
comply with the terms of that permit will reduce pollutant discharges 
to waters of the United States to a greater degree than would occur 
under coverage of the baseline general permit. However, coverage is 
available to those industries under either permit upon the submission 
of the appropriate notice of intent (NOI). All the BMPs mentioned in 
the Multi-Sector permit are suggestions utilized to illustrate the 
intent of the permit and illustrate a method by which compliance can be 
achieved. Other equivalent BMPs may be implemented, at the discretion 
of the permittee, to attain those illustrated results. EPA realizes 
that the permittee is most familiar with the particular industrial site 
and is best qualified to determine which BMPs are equal to, or perhaps 
more effective in satisfying the intent of the permit. EPA encourages 
the use of these other BMPs or practices which attain or improve upon 
the Multi-Sector permit goals, especially those which are easier or 
less costly to implement.
    Sector O of the Multi-Sector permit focuses attention on both coal 
pile runoff and any other storm water discharge associated with 
industrial activity at steam electric power generating facilities. Coal 
pile runoff has, however, been identified as a particularly serious 
threat to water quality and therefore the EPA has developed effluent 
guidelines (40 CFR 423) to regulate its discharge. The requirements for 
coal pile runoff from the guidelines have been incorporated into the 
multi-sector general permit.
    Storm water discharges from wood-burning power plants are not 
covered under the Multi-Sector permit since no applications were 
received from wood-burning power plants under the group permit 
application process. EPA developed the Multi-Sector permit in response 
to only those facilities who applied for group permit coverage. Wood-
burning plants may obtain coverage under the baseline general permit or 
an individual storm water permit.
    For the sake of consistency with the other sectors in the multi-
sector permit and to eliminate the duplication of regulation, EPA has 
removed reference to the requirements for permit coverage for 
industrial activities associated with construction. It must be noted, 
however, that a permit is required for storm water discharges from 
construction activities which additively disturb five or more acres, 
and such coverage is available through EPA's general permit for storm 
water discharges associated with construction activity.
    Several comments dealt with the topic of monthly visual examination 
and documentation of storm water discharges as being burdensome, 
unjustified, and potentially impossible to comply with when dealing 
with the random occurrences of storm events and the numbers of outfalls 
to be sampled. EPA has relaxed the required frequency of visual 
examinations from a monthly to a quarterly basis. EPA has included the 
requirement for only limited analytical monitoring of storm water 
discharges from Sector O facilities based upon ``benchmark'' values. 
Annual compliance monitoring/reporting of runoff from coal storage 
areas/piles is also required as specified in 40 CFR 423. To aid in the 
reduction of resources necessary to comply with the visual sampling 
requirements for facilities with several outfalls, the permittee, if 
practicable, can combine and/or eliminate outfalls, apply the 
representative discharge provisions of VI.C.4. of the permit or utilize 
automatic samplers.

Motor Freight, Rail, and Passenger Transportation, Petroleum Bulk Oil 
Stations, and the U.S. Postal Service

    There were a number of comments received regarding the requirements 
for the sector P, the ground transportation sector. The comments 
focused on grouping of facility types in the sector, eligibility under 
the sector, and the storm water pollution prevention plan requirements.
    Several commenters, including members of the passenger bus, tank 
truck carrier, motor carrier, and warehouse industries, were concerned 
with the grouping of a range of transportation facilities in the ground 
transportation sector. Concern was particularly expressed regarding the 
``long-term implications'' of this ``umbrella'' permitting practice. In 
response, EPA has retained the original grouping of transportation 
facilities as presented in the proposed permit. Although the gross 
operations of these different types of facilities may differ, EPA found 
that the vehicle maintenance and repair activities are remarkably 
similar and pose equally similar threats to storm water pollution. 
Further, EPA found that comparable best management practices were used 
at these varying facilities. In terms of the long term effect of this 
grouping, EPA assures the commenters any additional permitting efforts 
will revisit the appropriateness of sector groupings based upon 
information as it becomes available.
    One commenter expressed particular concern about the inclusion of 
warehouses in the land transportation sector. EPA grouped regulated 
warehouse facilities in the land transportation sector because, when 
such facilities have exposure to storm water, it is often due to 
exposure of vehicle maintenance shops and equipment cleaning 
operations. EPA reminds the commenter that facilities are required to 
meet the permit conditions for all industrial activities (and hence 
sectors) which they may have onsite.
    Several commenters, including members of the passenger bus, tank 
truck carrier, and warehouse industries, requested that EPA clarify its 
position regarding vehicle wash waters and its definition of 
``commingling'' of storm water and vehicle wash waters. Vehicle wash 
waters, water discharged from a vehicle washing activity, are required 
to be permitted separately from the storm water discharges from such 
areas. Although most facilities design such wash areas to drain most, 
if not all, wash waters during the washing activity, some facilities 
may have stagnant pools of washwater that do not drain or discharge. If 
a storm event results in the discharge of both the remaining wash 
waters and storm water, the storm water permit would only cover the 
storm water discharges and not commingled wastes. Similarly, if vehicle 
washing activities are performed during a storm event or immediately 

[[Page 51102]]
preceding an event, the storm water permit only covers the portion of 
the discharge originating from the storm event. If, however, the 
washing activity is performed prior to a storm event and the washwater 
that is not immediately discharged is allowed to evaporate prior to 
being discharged with storm water, the storm water discharge that is 
now contaminated with the dry residue from the washwater is entirely 
covered by the storm water permit. Such residues would be expected to 
be specifically addressed in the facility's storm water pollution 
prevention plan.
    Another commenter requested that vehicle wash waters from land-
based transportation facilities be allowed to be discharged under this 
permit provided appropriate pollution prevention measures have been 
implemented to ensure that such discharges do not contain a visible 
sheen, detergents, or solids as was proposed for water-based 
transportation facilities. EPA disagrees that such discharges should be 
allowed. In the final permit, vehicle washwaters are not allowed from 
water-based transportation facilities. Such discharges must be 
permitted separately.
    Many commenters, including members of the passenger bus, tank truck 
carrier, petroleum marketers, motor carrier, and warehouse industries, 
requested that employee training only be required to be conducted on an 
annual basis. In response, EPA has reduced the required frequency of 
employeetraining to once per calendar year. However, EPA would like to 
emphasize that more frequent training, perhaps on an informal basis, is 
encouraged and will most likely result in better implementation of the 
storm water pollution prevention plan.
    Two commenters also expressed concern that the training 
requirements apply to all employees regardless of their effect on storm 
water pollution prevention and control. In response, EPA would like to 
clarify that only those employees that play a role in the industrial 
activities at the site must be trained. Because job descriptions differ 
tremendously from site to site, EPA has left it to the discretion of 
the pollution prevention team to determine who are the appropriate 
employees to be trained. The team is cautioned to err on the side of 
training too many employees rather too few. Even if an employee is 
remotely involved in an industrial operation that may affect the 
quality of the storm water discharge that employee should be included 
in the employee training. To demonstrate EPA's intention of who should 
be trained it is easier to list positions that may not require the 
employee storm water training: secretaries, administrative personnel, 
and salespersons. One commenter also listed executive staff as 
potentially not requiring training. EPA would like to emphasize that it 
is necessary and helpful for executive staff to fully understand what 
activities are taking place on site to protect water quality. As such, 
executive staff should be fully considered as potential trainees along 
with other employees.
    Two commenters argued that the proposed requirement to store 
vehicles awaiting maintenance in designated areas only would be more 
effective if the requirement only applied to vehicles with actual or 
potential fluid leaks since it could be interpreted that all vehicles 
are awaiting maintenance. EPA agrees with the commenters and has 
altered the permit language accordingly.
    Several commenters felt that the monthly inspections required in 
the proposed permit were too burdensome, particularly due to the 
required documentation of such inspections. In response, EPA has 
reduced the frequency of inspections to quarterly. It is EPA's 
intention that the quarterly inspection and the visual storm water 
examination requirements be coordinated into one comprehensive program. 
By performing the two within similar time frames, it is hoped that the 
facility will gain useful insight by comparing the results of the 
overall facility inspection and the storm water visual examination. 
More frequent inspections, preferable with documentation, are 
encouraged, but are not required.
    One commenter suggested providing an alternative certification 
option for facilities that eliminate exposure to storm water runoff 
such that the facility may be exempt from the quarterly visual 
examinations requirements. In response, EPA disagrees that the 
alternative certification provided to other sectors for purposes of 
chemical monitoring is appropriate for quarterly visual examinations. 
The quarterly visual examinations are still useful in areas where 
exposure has been ``eliminated'' to ensure that exposure has not re-
occurred causing a storm water contamination problem.
    Many commenters, including members of the passenger bus, tank truck 
carrier, petroleum marketers, motor carrier, and warehouse industries 
concurred with EPA in not requiring chemical analysis of storm water 
discharges from ground transportation facilities. As such, the 
commenters strongly opposed the alternative monitoring requirements 
presented in the proposed permit. EPA has retained the proposed 
monitoring of quarterly visual examinations only.
    Most commenters supported the quarterly visual examination 
requirements. A few commenters expressed concern about fulfilling the 
requirement on large sites where employees may be on the road a 
significant amount of time and where rainfall is sporadic. The 
commenters were also concerned about sites without a dedicated 
environmental staff. The commenter suggested requiring the visual 
examination on an annual basis or only recommending the practice on a 
quarterly basis. In response, EPA has retained the quarterly visual 
examination requirements as proposed and has added a waiver of this 
requirement at inactive and unstaffed sites (see discussion of 
monitoring requirements above). EPA reminds the commenter that visual 
examination may be performed by a non-technical person who has been 
trained as to how to collect the sample and what to observe.
    Many commenters were concerned with the requirement to attain the 
same water quality in the storm water discharges as an oil/water 
separator when such technology operates with such great variability. 
Concern was also expressed regarding the qualifications of facility 
personnel to make such an engineering judgment. In response, EPA has 
removed this reference in the final permit due to the difficulty in 
determining what water quality would be achieved with an oil/water 
separator. EPA does however encourage permittees to strive for the 
pollutant removal levels referenced in the literature for oil/water 
separators.

Water Transportation

    The comments received on Sector Q, the water transportation sector, 
focused on eligibility, who is responsible for permit compliance, and 
monitoring conditions. One commenter raised concerns that the 
permitting for barge discharges (including barge storm water, 
washwater, and wastewater) is too uncertain. In response, today's 
permit regulates the storm water and washwater from the maintenance and 
equipment cleaning areas for canal barge operations (SIC code 4449) and 
for barge building and repair facilities (SIC code 3731). Today's 
permit, however, does not regulate wastewaters, such as bilge and 
ballast water, washwater, sanitary wastes, and cooling water 
originating from vessels. The permit specifies that the operators of 
such discharges must obtain coverage under a separate NPDES permit if 
discharged to waters of the United States or through 

[[Page 51103]]
a municipal separate storm sewer system.
    One commenter indicated that many Navy activities would fall under 
both VIII.Q. Vehicle Maintenance Shops/Equipment Cleaning Operations 
and VIII.R. Ship Building and Repair and would like to see EPA 
establish some guidelines for sector applicability. In response, the 
permit does specify that when an industrial facility has industrial 
activities being conducted onsite that meet the description(s) of 
industrial activities in another sector(s), that the industrial 
facility must comply with any and all applicable monitoring and 
pollution prevention plan requirements of each of those sector(s).
    One commenter explained that marine terminal and ports have a 
multitude of activities undertaken by many industrial facilities and 
contractors in the common areas of the port. This commenter wanted to 
know who is responsible for obtaining permit coverage for these common 
areas which are usually served by a common storm sewer system. The 
commenter suggested that EPA require the property owner (port 
authority) to be the primary permit holder and have each lessee or 
contractor become a co-permittee. In response, the property owner (port 
authority) is responsible for permitting the common areas of the 
facility, and each lessee operating an industrial activity is 
responsible for obtaining permit coverage for the specific operations 
occurring on their leased property. In today's permit, EPA does require 
that the co-permittee arrangement be utilized at airport facilities; 
however, EPA will not require this approach at marine terminals or 
ports. The industrial facilities and contractors located at airports 
generally are similar in nature, and one pollution prevention plan can 
more easily address the issues of concern. A marine terminal or port 
often has many dissimilar activities occurring within the facility 
lending itself to an approach which can focus on each specific 
industrial operation. A co-permittee approach would be acceptable to 
the Agency, but it is not required.
    One commenter felt that facilities in this sector are being forced 
to monitor for parameter(s) that no one believed were of concern, were 
not monitored for in Part II, and are not even handled by the facility, 
specifically, the metals. In response, EPA has revised the monitoring 
requirements in the final permit for the water transportation sector 
based on the methodology described previously. To address the concern 
that some facilities would have to monitor for pollutants not found or 
suspected in their discharge, pollutant-by-pollutant certification will 
eliminate the requirement to monitor for those pollutants not present.

Ship and Boat Building or Repairing Yards

    Comments received on the permit requirements included in sector R, 
ship and boat building or repairing yards, focused on grouping of 
industrial facilities, the benchmark values, and the application of 
multiple sectors to one facility (co-located industrial activities). 
Several commenters were concerned with the grouping of fiberglass and 
aluminum boat manufacturers into one sector. In response, EPA has 
evaluated the grouping of these types of boat manufacturers and has 
determined retain these industrial activities in one sector. EPA does 
not believe this will cause an undue burden on either industry given 
the revised monitoring requirements, which are now sub-sector specific 
and the flexibility of the pollution prevention plan requirements.
    Two commenters took issue with the basis of the benchmark values. 
The benchmarks have been revised. For a full discussion of the revision 
see the part of the fact sheet that address the benchmark values 
directly.
    One commenter was concerned with the burden of complying with all 
applicable sectors of the permit under the co-located industrial 
activities requirement. EPA has retained this provision in the final 
permit to ensure comprehensive environmental protection and does not 
believe this requirement is overly burdensome. This provision does not 
require that a separate and distinct pollution prevention plan be 
developed based on each applicable sector, but requires consideration 
of other BMPs from other sectors, and incorporation of those applicable 
BMPs into the pollution prevention plan for the facility. Where 
monitoring requirements from two or more sectors overlap, only one 
sample and analysis needs to be conducted (see discussion of co-located 
industrial activities above).

Air Transportation

    Comments on Sector S, Air Transportation, primarily focused on 
obligations and responsibilities of the airport authority and its 
tenants. The storm water permit application regulations at 40 CFR 
122.26(b)(14) define the storm water discharges associated with 
industrial activity in terms of eleven categories of industrial 
activities. Category (viii) includes transportation facilities 
classified as Standard Industrial Classification (SIC) code 45 that 
have vehicle and equipment maintenance (including vehicle and equipment 
rehabilitation, mechanical repairs, painting, fueling, and 
lubrication), equipment cleaning operations, or airport deicing 
operations (including aircraft and runway deicing). Review of the 
Standard Industrial Classification Manual, published in 1987 by the 
Office of Management and Budget, clarifies that SIC code 45, which 
addresses air transportation facilities, is not limited to the 
operators of airports, air terminals and flying fields. In fact, SIC 
code 45 also includes establishments primarily engaged in providing 
foreign and domestic air transportation, air courier services, and 
other fixed base operators who are primarily engaged in servicing, 
repairing, or maintaining airports and/or aircraft and these activities 
will also need to be permitted if they have point source discharges of 
storm water from regulated activities defined under 40 CFR 
122.26(b)(14)(viii).
    Tenants at the airport, other than the airport authority itself, 
who conduct industrial operations at the airport facility described at 
40 CFR 122.26(b)(14)(viii), and establishments who conduct regulated 
industrial activities described elsewhere under 40 CFR 122.26(b)(14), 
and whose operations result in storm water point source discharges are 
also required to apply for coverage under an NPDES storm water permit 
for their areas of operation. EPA recognizes that airports and their 
tenants enter into contractual relationships, therefore, these types of 
tenant facilities could be co-permittees with the airport operator if 
both parties chose, or could be permitted separately, and thereby be 
responsible individually for compliance with the permit and 
implementation of a pollution prevention plan. EPA encourages co-
permittee status because this approach to permit coverage promotes 
better coordination of the pollution prevention plan measures and 
possibly better control of the storm water discharges. However, as the 
owner/operator of an airport facility and the storm sewer system, 
airport authorities are ultimately responsible for storm water 
discharges from their storm sewer system to waters of the U.S. or to a 
municipal separate storm sewer system.
    Other tenants at the airport, such as car rental and food 
preparation establishments, which are not defined separately as storm 
water discharges associated with industrial activity under 40 CFR 
122.26(b)(14) must also be addressed. These tenants may chose to be co-
permittees with the airport operator, or private agreements may be 

[[Page 51104]]
worked out with the airport authority through contractual, or other 
means, to ensure that the storm water pollution prevention plan of the 
airport adequately addresses storm water contamination from these types 
of tenants. Regardless, airport authorities are required to identify 
the location and activities of all airport tenants as apart of the 
development of the storm water pollution prevention plan for the 
airport. EPA would like to clarify, however, that airport authorities 
are not responsible for ensuring compliance with the conditions of 
today's permit for storm water discharges associated with industrial 
activities regulated under 40 CFR 122.26(b)(14) conducted by tenants of 
the airport that apply separately for a storm water permit and which 
are not co-permittees with the airport authority.
    Because the applicability of Part XI.S. of today's permit extends 
to storm water discharges from airport facilities, and in light of the 
fact that industrial activities conducted by the airport authorities 
and tenants of the airport are similar in nature, the eligibility 
section of Part XI.S. has been broadened to allow coverage for both 
airport authorities and tenants of an airport facility who conduct 
industrial activities as described in Part XI.S.1.

Treatments Works

    Comments on Sector T, Domestic Wastewater Treatment Plants focused 
on required elements of the storm water pollution prevention plan and 
monitoring requirements. One commenter raised an issue regarding the 
requirement of providing a certification that the discharge contains 
nothing but storm water is unrealistic and can interfere with plant 
operations. It makes no allowances for temporary discharges into a 
storm water system.
    In response, the Agency wants to clarify that some non-storm water 
discharges may be authorized by the permit. These non-storm water 
discharges include: discharges from fire fighting activities, fire 
hydrant flushing; potable water sources including waterline flushings; 
irrigation drainage; lawn watering; routine external building washdown 
which does not use detergents or other compounds; 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, springs, uncontaminated ground 
water; foundation or footing drains where flows are not contaminated 
with process materials such as solvents. The Agency notes that 
certification that the discharge contains nothing but storm water, 
except as mentioned above, is consistent with similar requirements for 
NPDES general permit requirements for storm water discharges associated 
with industrial activity published September 9, 1992.
    Many commenters have concerns about the excessive training required 
in the permit for treatment works employees. Semiannual training for 
employees will result in an excessive amount of employee ``downtime,'' 
thereby decreasing the effectiveness of current employees to control 
the POTW process and may result in the need for increase staff. It is 
therefore very important that the training program be reasonable. An 
alternative would be to have employee training conducted once per year 
instead of every 6 months. In response, EPA agrees and the permit has 
been modified to require employee training only annually (at least once 
per calendar year).
    EPA received many comments on the requirements of monthly 
inspections plus annual comprehensive site compliance evaluation. 
Commenters state that it is likely that the same person who conducts 
the monthly inspections will also conduct the annual comprehensive site 
compliance evaluation. If the facility successfully passes the monthly 
inspections, then there is no reason to believe that it would not pass 
a yearly inspection. In response, EPA wants to clarify that the monthly 
inspections cover specific designated equipment and areas of the 
facility where there is a high potential for storm water contamination. 
The areas to be included in all inspections include: access roads/rail 
lines, equipment storage and maintenance areas (both indoor and outdoor 
areas); fueling; material handling areas; residuals treatment, storage, 
and disposal areas; and waste water treatment areas. A monthly 
inspection can be done easily and routinely, possibly with the guidance 
of an inspection checklist. Whereas the comprehensive site evaluation 
is a full site evaluation being conducted to assess the pollution 
prevention plan and to determine the overall level of compliance by the 
permittee, and if necessary incorporation of changes or modifications 
to the pollution prevention plan needed as a result of the inspection.
    Several commenters indicated that requiring an inventory of 
materials, an investigation of past practices, and a list of 
significant spills for the previous 3 years is an inventory 
accumulation of history and only generates paperwork. Commenters 
suggested that a pollution prevention plan should evaluate current 
situation and determine potential problems that may result. In 
response, the Agency believes that past activities may have resulted in 
pollutant sources for present storm water discharges, and that it is 
appropriate to address materials that have been exposed to storm water 
within the past 3 years. EPA believes that the 3-year period is 
reasonable and does not impose excessive burdens for collecting 
information on permittees. The Agency notes that the 3-year period is 
consistent with similar requirements for individual applications for 
storm water discharges associated with industrial activity at 40 CFR 
122.26(c)(1)(i) (B) and (D) and general NPDES records retention 
requirements under 40 CFR 122.21(p) and 40 CFR 112.7(d)(8).
    A number of commenters strongly supported the use of the annual 
monitoring of the alternative monitoring constituents requirements. 
Other commenters questioned the accuracy of the statistical analysis 
performed for the proposed permit. In response, EPA has revised the 
methodology for determining which facilities will be required to 
perform monitoring as described elsewhere in the fact sheet. Under this 
new methodology, domestic wastewater treatment plants are not required 
to perform monitoring under this permit.

Food and Kindred Products

    The greatest number of commenters on Sector U, Food and Kindred 
Products, are concerned with the monitoring requirements described in 
the proposed permit. The major objections to monitoring result from the 
consolidation of the entire food and tobacco industry into one sector 
which commenters believe compromises the group process since identical 
monitoring requirements are inappropriate for an industry with such a 
wide range in process operations. Commenters argue that several 
subsectors conduct most activities indoors, allowing little opportunity 
for storm water contamination, while other subsectors perform 
significant operations outdoors. Commenters also point out that EPA 
described in the proposed rule several factors that influence the 
impact of storm water on water quality (e.g., geographic location, 
hydrogeology, etc.) yet these factors were not considered when 
proposing monitoring requirements for the industry.
    Commenters also argued that basing the monitoring requirements on 
such a diminutive set of sampling data is not valid given that data for 
only four pollutants was collected in sufficient 

[[Page 51105]]
quantities to be analyzed. Commenters felt that insufficient samples 
were collected for four other pollutants. Commenters indicated that the 
inclusion of metals in the monitoring requirements for all sector 
members, when so little data was submitted for these pollutants, is not 
statistically valid. Commenters also took exception to EPA's decision 
to aggregate data for the food processing industry because lack of 
subsector-specific data does not substantiate monitoring requirements 
for these pollutants. Commenters believe that monitoring data that does 
exist for the sector shows no difference between industrial and 
residential/commercial areas. Also, commenters suggested that storm 
water data has shown to be very inconsistent and unrepresentative of 
the actual impact of discharges on receiving waters. Another common 
issues raised by the commenters was that the benchmark concentrations 
are unobtainable even with good BMPs. Commenters believe these levels 
are comparable to tertiary treatment standards for a full treatment 
system. Also, these cutoff levels appear to presage future permit 
limits for the industry which EPA has not demonstrated are necessary.
    Several commenters believed that, if monitoring had to be 
conducted, the alternative monitoring is more appropriate since it more 
accurately reflects wastes from food and kindred products facilities. 
However, they suggested there should be an escape clause as with the 
proposed monitoring allowing facilities to only monitor for those 
pollutants expected to be present. Commenters felt that monitoring 
requirements will divert limited funds away from pollution prevention 
techniques needed to reduce pollutants in storm water as monitoring 
data show a correlation between enhanced housekeeping and preventative 
maintenance and reduced pollutant concentrations. Commenters concluded 
that combining visual examinations and a comprehensive site inspection 
is a much more appropriate way to evaluate storm water than monitoring.
    Commenters also stated that EPA should give weight to the 
facilities who met Federal requirements in the application process and 
enforce against the thousands of facilities that ignored their 
obligations under the law rather than spending money on additional 
paperwork burdens. They suggested that sample results from the group 
applications should be credited towards the alternative monitoring 
requirements. Conversely, others commented that EPA should not provide 
``credit'' to these groups, rather, EPA should recognize the difficulty 
facilities experience in collecting adequate storm water samples from 
acceptable rainfall events, especially small business facilities and 
facilities in arid climates.
    Realistically, commenters stated, very few facilities will be able 
to obtain all four quarterly samples and almost none will be able to 
collect all monthly samples for visual observation without constructing 
automatic sampling facilities. They pointed out that EPA has previously 
indicated manual sampling was acceptable and automatic sampling would 
not be required.
    Additional concerns were raised with regard to specific pollutants 
recommended for analysis in the proposed monitoring. For example 
commenters pointed out that ammonia data are not presented in the 
proposed permit fact sheet but the proposed permit states that ammonia 
exceeds benchmark values. Commenters stated that absent data to 
substantiate, EPA should not require food and kindred products 
facilities to monitor for ammonia. Also, EPA should clarify its intent 
in requiring ammonia monitoring. Specifically, the proposed permit does 
not state whether EPA is concerned with the nitrogen load (i.e., TKN) 
on receiving waters, making ammonia monitoring irrelevant, or with the 
toxic effects of ammonia, making TKN monitoring unnecessary.
    Commenters also argued that EPA does not discuss iron and zinc as 
pollutants of concern for the industry, raising question as to why food 
facilities have to sample for these parameters. EPA should work with 
the few facilities or subsectors of the industry that are found to have 
metals in their discharge rather than requiring all food and kindred 
products facilities to monitor these pollutants. Also, the proposed 
cutoff for iron (0.3 mg/l) is overly protective. The gold book acute 
aquatic life freshwater criteria is 1.0 mg/l. Commenters also pointed 
out that fecal coliform data would be superfluous to BOD and TSS data 
for the industry and testing is much more difficult.
    Based on the comments on the proposed permit, EPA has eliminated 
the alternative monitoring requirements and re-evaluated the proposed 
monitoring requirements for the sector through conducting a subsector 
analysis for the industry. The sub-sector analysis identified only two 
of the nine subsectors as having pollutants in storm water at 
concentrations above the revised benchmark values. As a result, most 
facilities in the food and kindred products sector no longer are 
required to collect and chemically analyze storm water samples. Only 
two sub-sectors will monitor: Grain Mill Products manufacturing (SIC 
code group 204) which will monitor for TSS and Fats and Oils 
manufacturing (SIC code group 207) which will monitor for TSS, BOD, COD 
and nitrate plus nitrite nitrogen.
    Commenters in this sector also felt that additional requirements 
for pesticide storage were unnecessary. They contend that pesticide 
storage and use are currently regulated under FIFRA, State pesticide 
laws and the FDA. Further, anyone applying pesticides must be a 
certified applicator, trained in the safe and prudent use, as well as 
proper storage, of these products.
    In response, EPA disagrees with the commenters statement that 
current pesticide storage and use regulations are adequate to prevent 
storm water contamination. Criteria for evaluating pesticide use and 
storage and criteria for evaluating storm water contamination from 
pesticide use and storage are not the same. With the increased use of 
pesticides at food and kindred products facilities compared to 
facilities in other sectors, EPA believes that the application and 
storage of these pesticides with storm water in mind is crucial to an 
effective storm water pollution prevention plan in this sector.

Textile Mill Products

    Comments on Sector V, Textile Mill Products, focused primarily on 
the pollution prevention plan requirements and monitoring requirements. 
One commenter supported the permit requirement for visual examinations 
by indicating that visual examinations accompanied by facility-specific 
BMPs should most adequately address the minimal potential for 
controlling the contamination of storm water discharges at textile mill 
facilities. However, another commenter questions the usefulness of 
visual examinations, stating that EPA provides no justifications for 
such examinations.
    In response, periodic inspections of controls are a requirement of 
the pollution prevention plan, and visual storm water runoff 
examinations and inspections should be treated as two distinct 
requirements. Visual examinations represent a minimum requirement in 
the assessment of the storm water discharge. The relative economic 
impact of the visual examination of the storm water should be minimal 
and, in conjunction with site specific BMPs can be used to evaluate the 
performance and effectiveness of best management practices employed at 
a particular facility. Visual examinations have been reduced to a 
quarterly frequency in the 

[[Page 51106]]
final permit. For more information on visual examinations see the 
monitoring section of this summary.
    In response to the Agency's request for comments regarding proposed 
alternative monitoring requirements, one commenter contends that it 
does not believe that the annual or semiannual monitoring and reporting 
requirements put forth by the Agency are necessary or appropriate. In 
assessing this comment, it should again be noted that the Agency had 
only requested comments on the possibility of imposing the proposed 
alternative monitoring requirements on textile facilities.
    Today's permit does not include the proposed alternative monitoring 
requirements. Based on the revised methodology for determining 
monitoring requirements at the industry sub-sector level, the textile 
industry is no longer required to conduct chemical monitoring for any 
specific pollutant. Due to the nature of the industry, and the fact 
that most operations at such facilities are conducted indoors, the 
contact of storm water with most pollutants typical of this industry 
are minimized or eliminated. The statistical analysis performed by the 
Agency using the Part 2 sampling data when conducted at the sub-sector 
level supports this conclusion.

Wood and Metal Furniture and Fixtures

    Only six comments were submitted addressing the wood and metal 
furniture and fixtures manufacturing industry. Each of the comments 
supported the proposed monitoring conditions, which only requires 
quarterly visual examinations of storm water discharges. In today's 
final permit, this requirement remains unchanged. Analytical monitoring 
of storm water discharges will not be necessary from wood and metal 
furniture and fixtures manufacturing facilities, unless there are co-
located activities, such as coal piles, refuse piles, landfills etc., 
which may be required to monitor under provisions elsewhere in the 
permit.

Rubber, Plastic, and Miscellaneous Products

    The majority of the comments received on Sector Y, Rubber, Plastic 
Products, and miscellaneous manufacturing industries, pertained to the 
proposed monitoring requirements and the inspection and recordkeeping 
requirements of the permit. In addition, comments were received 
regarding EPA's description of the pollutant sources and the assessment 
of the monitoring results submitted with the group applications. The 
Rubber Manufacturers Association (RMA) supported the specific BMP 
requirements which were proposed to control zinc in storm water 
discharges from rubber manufacturing facilities. Concern was also 
expressed regarding the consolidation of group applications into the 29 
industrial sectors. The proposed permit only required visual 
examinations of storm water samples for facilities in this sector, 
rather than chemical testing which was proposed for 17 of the 29 
sectors. While commenters supported the absence of analytical testing 
requirements, they also argued that the frequency (quarterly) for the 
visual examinations was excessive. Commenters also opposed the proposed 
alternate monitoring requirements which would have required analytical 
testing for certain parameters.
    In the final permit, EPA modified the methodology for determining 
the types of facilities which are required to conduct analytical 
testing of storm water. The revised methodology is discussed in section 
VI.E of the final fact sheet and also in the monitoring portion of this 
summary. EPA believes that the sub-sector methodology better targets 
the monitoring requirements toward the specific types of facilities 
within the 29 sectors which pose the greatest risk to the storm water 
quality.
    Based on the sub-sector methodology, the final permit requires that 
manufacturers of rubber products conduct analytical testing of storm 
water samples for zinc. This pollutant was shown to be a pollutant of 
concern from the monitoring data which were submitted by rubber 
products manufacturers (i.e., the median concentration was above the 
EPA benchmark concentration of 0.065 mg/l for zinc). Testing of grab 
samples is required quarterly during the second and fourth years of the 
permit. However, permittees may omit the testing during the fourth year 
if the second year results are below the benchmark concentration. In 
addition, the final permit provides for ``alternate certification'' in 
lieu of monitoring (see section VI.E.3 of the fact sheet) on a 
pollutant-by-pollutant basis as well as on an outfall-by-outfall basis. 
As such, analytical testing for zinc would not be required for 
facilities which do not use zinc, or for facilities where industrial 
activities are not exposed to storm water.
    The final permit only requires analytical testing of storm water 
samples for rubber products manufacturers. However, the final permit 
does retain the requirement for a quarterly visual examination for all 
facilities (including rubber manufacturers) in this sector. This 
requirement is also standard for all sectors of the permit. EPA 
believes that the quarterly frequency appropriately balances the costs 
associated with the visual examinations with the need to periodically 
assess any pollutant loadings in the discharges and the effectiveness 
of the storm water pollution prevention plan.
    A commenter in this sector also expressed concern that analytical 
testing for a number of parameters in storm water had been a 
requirement of EPA's baseline general permit of September 9, 1992 for 
facilities in major SIC group 30. EPA recognizes that there are 
differences in the requirements between today's multi-sector general 
permit and the previous baseline general permit. These differences are 
the result of the additional information concerning these facilities 
obtained during the group application process. However, concerns 
regarding the requirements of the baseline general permit are outside 
the scope of the present permitting action.
    The proposed permit would have required a comprehensive site 
compliance evaluation at ``appropriate'' intervals, but not less than 
once per year. A commenter argued that this was too vague and should be 
clarified. In response, the final permit now simply requires a 
comprehensive site compliance evaluation at a minimum of once per year 
for all facilities covered by the permit.
    The commenter was also unclear regarding the ``qualified'' 
personnel who are required to conduct the comprehensive site compliance 
evaluations. In discussing the requirements for a comprehensive site 
compliance evaluation, section VI.C.4 of the fact sheet notes that 
inspectors should be members of the pollution prevention team. Such 
individuals should be familiar with the potential pollutant sources at 
the facility, and the control measures developed for the storm water 
pollution prevention plan to control pollutant discharges. EPA believes 
that facilities should be able to identify appropriate individuals for 
the necessary site evaluations. The commenter also requested that the 
permit provide that the facility inspections (required by Part XI.Y.3.d 
of the permit) would be conducted at appropriate intervals as stated in 
the storm water pollution prevention plan. Such a requirement was 
included in the proposed permit and has been retained in the final 
permit. The commenter objected to the requirement that facilities 
maintain records of inspections and visual examinations. 

[[Page 51107]]
EPA disagrees with the commenter on this issue and believes that such 
records are necessary for EPA to verify compliance with the 
requirements of the permit. Therefore, the records retention 
requirements were retained in final permit basically as proposed. One 
relatively minor change was made which standardizes the records 
retention period for all sectors to 3 years, which is the minimum 
required by NPDES regulations at 40 CFR 122.42(j). Additional 
information concerning issues associated with inspections and 
recordkeeping can be found in the reporting and record keeping portion 
of this summary.

Leather Tanning

    In response to comments that the leather tanning industry was 
required to monitor in error and that manganese and aluminum should not 
be included in the list of monitoring parameters, the final multi-
sector permit does not require leather tanning facilities to conduct 
chemical monitoring. However, the industry must still perform visual 
examinations. More discussion of the revised monitoring requirements 
under today's final permit can be found in the monitoring section of 
this summary.
    In response to a comment that EPA should simply adopt the model 
permit and pollution prevention plan submitted by one industry 
organization, EPA has determined that the proposed leather tanning 
permit and pollution prevention plan with BMPs which was published in 
the Federal Register on November 19, 1993, is best suited to control 
storm water discharges from this industry.
    In response to the comment that facilities submitted chromium data 
because they were required to (as a categorical pollutant), EPA 
clarifies that chromium is limited in an effluent guideline for leather 
tanning process wastewater. The industry was therefore required to 
submit monitoring data for chromium. The leather industry was also 
required to submit monitoring data for ``those pollutants that they 
knew or had reason to believe were present.'' These pollutants were 
shown in tables which listed conventional and nonconventional 
pollutants, toxic pollutants and hazardous pollutants. These tables 
were included in the permit application Form 2-F.

Fabricated Metal Products Industry

    Many commenters stated that the fabricated metal industry should be 
further divided into dry and wet fabricating industries. Most explained 
that the processes and practices vary widely between these two types of 
fabricating industries. In particular, many pollutants vary between 
these groups due to the fact that each of these industries require very 
different chemicals in their processes. The main concern expressed by 
commenters was that monitoring for the entire group was based on a wide 
range of chemicals for both industrial processes that may not be 
present at a facility if only one process is conducted at the facility.
    EPA agrees that the industries covered under this section of the 
permit should be re-evaluated to examine more carefully inherent 
differences between subgroups in the industry. As a result, today's 
rule has identified industry subgroups using the three and four-digit 
SIC classification for the purposes of determining which industries 
will conduct monitoring in this sector. Industry subgroups will monitor 
for specific pollutants where the median value exceeds the revised 
benchmark levels. EPA has also expanded the flexibility of the 
monitoring requirement by allowing facilities to certify on a 
pollutant-by-pollutant basis to no exposure to storm water in lieu of 
monitoring for that chemical. This can result in some facilities not 
monitoring and others limiting the number of pollutants required to be 
monitored.
    Several commenters requested that the fabricated metal industry be 
required to conduct visual examinations and annual site compliance 
evaluations only. EPA does not agree. Chemical monitoring is still 
necessary, given the results of the data evaluation conducted on the 
subsectors. Visual examinations in combination with chemical monitoring 
and site compliance evaluations will help assess the presence of 
pollutants of concern in the discharges and the effectiveness of the 
pollution prevention plan at controlling these.
    A commenter requested that EPA clarify whether all of SIC code 
group 34 is covered in Sector 29, such as the forgings industry. They 
pointed out a discrepancy between the preamble language and the permit 
language relating to coverage. In response, EPA inadvertently left out 
certain SIC code group 34 industries in the proposed permit. The fact 
sheet contained the entire list of industries covered under this 
section. EPA has clarified the permit language to correct this 
omission.
    Several commenters suggested that EPA differentiate between dry 
fabricators and others by adding a definition that placed a qualifier 
``Metal Treatment Only'' to the terms and conditions that apply only to 
metal treatment operations. Commenters also suggested the permit should 
require dry fabricators to certify to no metal treatment operations or 
other operations likely to result in discharges of the pollutants of 
concern.
    EPA has not placed a qualifier on the terms and conditions of the 
permit. However, using the revised analysis to determine monitoring, 
addresses some of the concerns about the grouping of sectors. Also, 
determining site-specific BMPs and certifying, on a pollutant-by-
pollutant basis to no exposure to storm water will add more flexibility 
in determining monitoring requirements.
    A commenter requested that EPA expand the definition of fabricated 
metal industries in the permit language. EPA has not expanded the 
definition of fabricated metal industries other than including the 
other industries identified in the proposed fact sheet that were 
inadvertently left out of the permit language. Other industries that 
could be related to this sector are covered under the Primary Metals 
Industry section of the permit. EPA believes that it has listed as 
eligible for coverage, all industries that participated in the group 
application process.
    Commenters stated that the list of options for controlling 
pollutants can be expensive and uneconomical. Many thought that the 
BMPs may later become mandatory and do not allow for alternative 
measures to control pollutants at a given site.
    To clarify, EPA has only provided a list of potential BMPs to be 
considered by each facility operator when preparing a pollution 
prevention plan. This list is neither totally inclusive nor mandatory. 
Permittees are free to determine the most economical and effective BMPs 
specific for a given facility and activity.
    Commenters felt that most fabricators do not have process 
wastewater discharges. Because of this, they requested a waiver on 
requiring proof of no commingling of process waste water with storm 
water. Today's permit does not change this requirement. Some 
fabricators employ acid baths, wash waters and other process wastewater 
related activities. Certification of no commingling remains an 
important part of the permit requirements to be included with the storm 
water pollution prevention plan certification to ensure that storm 
water discharges are not contaminated by these discharges.
    A commenter pointed out that the description of the materials used 
at facilities in this sector should have noted that many of these 
materials are not necessarily used at all types of facilities within 
the sector. The commenter was apparently concerned that this 
description could erroneously 

[[Page 51108]]
suggest that the runoff from certain types of facilities in the sector 
could be contaminated with pollutants which are not used at all 
facilities. In response, EPA has modified the final fact sheet to 
clarify that the list of materials is a cumulative list gathered from 
all the types of facilities in the sector, and that individual 
facilities may not use all materials which are listed.
    A commenter also disagreed with EPA's assessment in the draft fact 
sheet for this sector that the monitoring results which were submitted 
with the group applications may not be inclusive of all the pollutants 
which could be present in the runoff. In response, EPA has deleted the 
discussion in question from the final fact sheet.

Transportation Equipment, and Industrial or Commercial Machinery

    One commenter was concerned with the grouping of facilities in 
Sector AB. The commenter felt that it is inappropriate to regulate 
commercial machine manufacturing facilities with other miscellaneous 
machinery manufacturing facilities. In response, EPA has retained the 
proposed grouping of the transportation equipment, industrial, or 
commercial machinery manufacturing sector. Although the specific 
processes that occur indoors and the final products produced will vary 
at the different facilities, the group application data indicated that 
the industrial activities and significant materials that may be exposed 
to storm water are similar. In addition, today's final permit includes 
flexible requirements for this sector which allow operators to 
implement controls based upon site-specific activities and materials.
    The same commenter also expressed concern over the use of such 
sector groupings in the future. In response, EPA is making use of these 
industrial groupings only for the development of this storm water 
general permit. Future uses of these industrial groupings will be 
reevaluated by EPA based upon all available information at the time and 
based upon the intended usage.

Electronic and Electrical Equipment, Photographic and Optical Goods

    EPA received a total of 6 comments on the multi-sector permit from 
facilities in sector AC, facilities which manufacture electronic and 
electrical equipment and components, photographic and optical goods. 
Comments addressed the proposed monitoring requirements and the 
proposed requirements for the storm water pollution prevention plan. 
The proposed permit only required visual examinations of storm water 
samples for facilities in sector AC, rather than analytical testing 
which was proposed for certain other sectors. Commenters supported 
these proposed monitoring requirements and opposed the proposed 
alternate monitoring requirements which would have required analytical 
testing for certain parameters. Like the proposed permit, the final 
permit does not require analytical testing of storm water samples for 
facilities in sector AC. A more detailed discussion of EPA's responses 
to the monitoring issues overall is found in the portion of the 
response to comments which addresses monitoring. The proposed permit 
required that facilities in sector AC develop and implement a storm 
water pollution prevention plan and did not include any industry-
specific numeric effluent limits. Commenters supported these provisions 
and the final permit has not been changed in this regard.

Authorization to Discharge Under the National Pollution Discharge 
Elimination System

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq., the ``Act'') except as provided in 
Part I.B.3. of this storm water multi-sector general permit, operators 
of point source discharges of storm water associated with industrial 
activity that discharge into waters of the United States, represented 
by the industry sectors identified in Part XI. of this permit, are 
authorized to discharge in the areas of coverage listed below in 
accordance with the conditions and requirements set forth herein.
    Operators of storm water discharges from the industrial activities 
covered under this permit who intend to be authorized by this permit 
must submit a Notice of Intent (NOI) in accordance with Part II.B. of 
this permit. Operators of storm water discharges associated with 
industrial activity who fail to submit an NOI in accordance with Part 
II.B. of this permit are not authorized under this general multi-sector 
permit.
    This permit shall become effective on October 1, 1995, and shall 
expire at midnight on October 1, 2000.
Region I
    Signed this 28th day of August, 1995.
David Fierra,
Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
Connecticut Federal Indian Reservations............  CTR05*##F          
Maine..............................................  MER05*###          
  Federal Indian Reservations......................  MER05*##F          
 Massachusetts.....................................  MAR05*###          
  Federal Indian Reservations......................  MAR05*##F          
New Hampshire......................................  NHR05*###          
  Federal Indian Reservations......................  NHR05*##F          
Rhode Island Federal Indian Reservations...........  RIR05*##F          
Vermont Federal Indian Reservations................  VTR05*##F          
Vermont Federal Facilities.........................  VTR05*##F          
------------------------------------------------------------------------

Region II
    Signed this 16th day of August, 1995.
Richard L. Caspe,
Water Management Division Director.

                                                                        
------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
Puerto Rico........................................  PRR05*###          
  Federal Facilities...............................  PRR05*##F          
------------------------------------------------------------------------

Region III
    Signed this 11th day of September, 1995.
Alvin R. Morris,
Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
District of Columbia...............................  DCR05*###          
  Federal Facilities...............................  DCR05*##F          
Delaware Federal Facilities........................  DER05*##F          
------------------------------------------------------------------------

Region IV
    Signed this 11th day of September, 1995.
Robert F. McGhee,
Acting Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
Florida............................................  FLR05*###          
------------------------------------------------------------------------

Region VI
    Signed this 11th day of September, 1995.
William B. Hathaway,
Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
Louisiana..........................................  LAR05*###          
  Federal Indian Reservations......................  LAR05*##F          
New Mexico.........................................  NMR05*###          
  Federal Indian Reservations (except Navajo and     NMR05*##F          
   Ute Mountain Reservation lands).                                     
Oklahoma...........................................  OKR05*###          
  Federal Indian Reservations......................  OKR05*##F          
Texas..............................................  TXR05*###          
  Federal Indian Reservations......................  TXR05*##F          
------------------------------------------------------------------------


[[Page 51109]]

Region IX
    Signed this 24th day of August, 1995.
Felicia Marcus,
Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
Arizona............................................  AZR05*###          
  Federal Indian Reservations......................  AZR05*##F          
  Federal Facilities...............................  AZR05*##F          
California:                                                             
  Federal Indian Reservations......................  CAR05*##F          
Idaho:                                                                  
  Duck Valley Reservation..........................  NVR05*##F          
Nevada Federal Indian Reservations.................  NVR05*##F          
New Mexico:                                                             
  Navajo Reservation...............................  AZR05*##F          
Oregon:                                                                 
  Fort McDermitt Reservation.......................  NVR05*##F          
Utah:                                                                   
  Goshute Reservation..............................  NVR05*##F          
  Navajo Reservation...............................  AZR05*##F          
Johnston Atoll.....................................  JAR05*###          
  Federal Facilities...............................  JAR05*##F          
Midway Island and Wake Island......................  MWR05*###          
  Federal Facilities...............................  MWR05*##F          
------------------------------------------------------------------------

Region X
    Signed this 12th day of September, 1995.
David H. Teeter,
Acting Water Management Division Director.

------------------------------------------------------------------------
                 Areas of coverage                        Permit No.    
------------------------------------------------------------------------
  Alaska Federal Indian Reservations...............  AKR05*##F          
Idaho..............................................  IDR05*###          
  Federal Indian Reservations (except Duck Valley    IDR05*##F          
   Reservation lands).                                                  
  Federal Facilities...............................  IDR05*##F          
Oregon Federal Indian Reservations (except for Fort  ORR05*##F          
 McDermitt Reservation lands).                                          
Washington Federal Indian Reservations.............  WAR05*##F          
Washington Federal Facilities......................  WAR05*##F          
------------------------------------------------------------------------

NPDES General Permit for Storm Water Discharges From Industrial 
Activities Table of Contents

I. Coverage Under This Permit
    A. Permit Area
    B. Eligibility
    1. Discharges Covered
    2. Construction
    3. Limitations on Coverage
    4. Storm Water Not Associated With Industrial Activity
    5. Endangered Species Protection
    6. National Historic Preservation Act
    7. Discharges Subject to New Source Performance Standards
    C. Authorization
    D. Overview of the Multisector General Permit
II. Notification Requirements
    A. Deadlines for Notification
    1. Existing Facility
    2. New Facility
    3. Oil and Gas Operations
    4. New Operator
    5. Late Notification
    6. Part II.A.6 Facilities Previously Subject to the Baseline 
General Permit
    B. Contents of Notice of Intent
    1. Permit
    2. Name
    3. Location
    4. Federal Indian Reservations
    5. Receiving Water
    6. Co-permittee
    7. Monitoring
    8. SIC Code
    9. Other Permits
    10. Presence of Endangered Species
    11. National Historic Preservation Act Compliance
    12. Eligibility Certification
    13. Pollution Prevention Plan Certification
    C. Where to Submit
    D. Additional Notification
III. Special Conditions
    A. Prohibition of Non-storm Water Discharges
    1. Storm Water Discharges
    2. Non-storm Water Discharges
    B. Releases in Excess of Reportable Quantities
    1. Hazardous Substances or Oil
    2. Multiple Anticipated Discharges
    3. Spills
    C. Co-located Industrial Activity
IV. Storm Water Pollution Prevention Plans
    A. Deadlines for Plan Preparation and Compliance
    1. Existing Facilities
    2. New Facilities
    3. Oil and Gas Facilities
    4. Facilities Switching From the Baseline General Permit to This 
Permit
    5. Facilities Electing Multi-Sector General Permit upon 
Expiration of the Baseline General Permit
    6. Measures That Require Construction
    7. Extensions
    B. Signature and Plan Review
    1. Signature/Location
    2. Availability
    3. Required Modifications
    C. Keeping Plans Current
    D. Contents of the Plan
    E. Special Pollution Prevention Plan Requirements
    1. Additional Requirements for Storm Water Discharges Associated 
With Industrial Activity that Discharge Into or Through Municipal 
Separate Storm Sewer Systems Serving a Population of 100,000 or More
    2. Additional Requirements for Storm Water Discharges Associated 
With Industrial Activity From Facilities Subject to EPCRA Section 
313 Requirements
    3. Additional Requirements for Salt Storage
    4. Consistency With Other Plans
V. Numeric Effluent Limitations
    A. Discharges Associated With Specific Industrial Activity
    B. Coal Pile Runoff
VI. Monitoring and Reporting Requirements
    A. Monitoring Requirements
    1. Limitations on Monitoring Requirements
    B. Reporting: Where to Submit
    1. Location
    2. Additional Notification
    C. Special Monitoring Requirements for Coal Pile Runoff
    1. Sample Type.
    2. Sampling Waiver
    3. Representative Discharge
    4. Alternative Certification
     5. When to Submit
VII. Standard Permit Conditions
    A. Duty to Comply
    1. Permittee's Duty to Comply
    2. Penalties for Violations of Permit Conditions
    B. Continuation of the Expired General Permit
    C. Need to Halt or Reduce Activity Not a Defense
    D. Duty to Mitigate
    E. Duty to Provide Information
    F. Other Information
    G. Signatory Requirements
    1. Signature
    2. Authorized Representative
    H. Penalties for Falsification of Reports
    I. Penalties for Falsification of Monitoring Systems
    J. Oil and Hazardous Substance Liability
    K. Property Rights
    L. Severability
    M. Requiring an Individual Permit or an Alternative General 
Permit
    1. Director Designation
    2. Individual Permit Application
    3. Individual/Alternative General Permit Issuance
    N. State/Environmental Laws
    O. Proper Operation and Maintenance
    P. Monitoring and Records
    1. Representative Samples/Measurements
    2. Retention of Records
    3. Records Contents
    4. Approved Monitoring Methods
    Q. Inspection and Entry
    R. Permit Actions
    S. Bypass of Treatment Facility
    1. Notice
    2. Prohibition of Bypass
    T. Upset Conditions
    1. Affirmative Defense
    2. Required Defense
    3. Burden of Proof
VIII. Reopener Clause
    A. Potential or Realized Impacts on Water Quality
    B. Applicable Regulations
IX. Termination of Coverage
    A. Notice of Termination
    1. Facility Information
    2. Operator Information
    3. Permit Number
    4. Reason for Termination
    5. Certification
    B. Addresses
X. Definitions
XI. Specific Requirements for Industrial Activities
    A. Storm Water Discharges Associated With Industrial Activity 
From Timber Products Facilities
    1. Discharges Covered Under This Section

[[Page 51110]]

    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Discharges Not Covered By This Section
    3. Special Conditions
    4. Storm Water Pollution Prevention Plan Requirements
    5. Numeric Effluent Limitations
    6. Monitoring and Reporting Requirements
    D. Storm Water Discharges Associated With Industrial Activity 
From Asphalt Paving and Roofing Materials and Lubricant 
Manufacturers
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    F. Storm Water Discharges Associated With Industrial Activity 
From Primary Metals Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    G. Storm Water Discharges Associated With Industrial Activity 
From Metal Mining (Ore Mining and Dressing) Facilities
    1. Discharges Covered Under This Section
    2. Special Definitions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    H. Storm Water Discharges Associated With Industrial Activity 
From Coal Mines and Coal Mining-Related Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    I. Storm Water Discharges Associated With Industrial Activity 
From Oil and Gas Extraction Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    J. Storm Water Discharges Associated With Industrial Activity 
From Mineral Mining and Processing Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    K. Storm Water Discharges Associated With Industrial Activity 
From Hazardous Waste Treatment, Storage, or Disposal Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    L. Storm Water Discharges Associated With Industrial Activity 
From Landfills and Land Application Sites
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    6. Definition
    M. Storm Water Discharges Associated With Industrial Activity 
From Automobile Salvage Yards
    1. Discharges Covered Under This Section
    2. Storm Water Pollution Prevention Plan Requirements
    3. Numeric Effluent Limitations
    4. Monitoring and Reporting Requirements
    5. Retention of Records
    N. Storm Water Discharges Associated With Industrial Activity 
From Scrap Recycling and Waste Recycling Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    O. Storm Water Discharges Associated With Industrial Activity 
From Steam Electric Power Generating Facilities, Including Coal 
Handling Areas
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Storm Water Pollution Prevention Plan Requirements
    3. Numeric Effluent Limitations
    4. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    T. Storm Water Discharges Associated With Industrial Activity 
From Treatment Works
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations.
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    X. Storm Water Discharges Associated With Industrial Activity 
From Printing and Publishing Facilities
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements

[[Page 51111]]

    4. Numeric Effluent Limitations
    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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    AA. Storm Water Discharges Associated With Industrial Activity 
From Fabricated Metal Products Industry
    1. Discharges Covered Under This Section
    2. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
    AB. Storm Water Discharges Associated With Industrial Activity 
From Facilities That Manufacture Transportation Equipment, 
Industrial, or Commercial Machinery
    1. Discharges Covered Under This Section
    2. Prohibition of Non-storm Water Discharges
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. 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. Special Conditions
    3. Storm Water Pollution Prevention Plan Requirements
    4. Numeric Effluent Limitations
    5. Monitoring and Reporting Requirements
XII. Coverage Under This Permit
    Region III
    A. Federal Facilities in the District of Columbia (DCR05*##F)
    B. District of Columbia (DCR05*###)
Region VI
    C. Louisiana (LAR05*###)
    D. New Mexico (NMR05*###)
    E. Oklahoma (OKR05*###)
    F. Texas (TXR05*###)
Region IX
    G. Arizona (AZR05*###) and Federal Facilities in Arizona 
(AZR05*##F)
Region X
    H. Washington (WAR05*###)

Addenda

Addendum A--Pollutants Identified in Tables II and III of Appendix D 
of 40 CFR Part 122
Addendum B--Notice of Intent Form Here
Addendum C--Notice of Termination (NOT) Form
Addendum D--Partial List of Large, Medium, and Designated 
Municipalities
Addendum E--Basic Format for Environmental Assessment
Addendum F--Section 313 Water Priority Chemicals
Addendum G--List of Applicable References
Addendum H--Endangered Species Guidance

I. Coverage Under This Permit

A. Permit Area

    The permit is being issued in the following areas:
    Region I--the States of Maine, Massachusetts, and New Hampshire; 
Federal Indian Reservations located in Connecticut, Massachusetts, New 
Hampshire, Maine, 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 Island; 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, Oregon (except for Fort McDermitt Reservation lands which 
are handled by Region IX), Idaho (except Duck Valley Reservation lands 
which are handled by Region IX), and Washington; and for Federal 
facilities located in Alaska, Idaho and Washington.

B. Eligibility

    1. Discharges Covered. Except for storm water discharges identified 
under paragraph I.B.3., this permit may cover all new and existing 
point source discharges of storm water to waters of the United States 
that are associated with industrial activity identified under the 
coverage sections contained in Part XI. (see Table 1). Military 
installations must comply with the permit and monitoring requirements 
for all sectors that describe industrial activities that such 
installations perform.

                                 Table 1                                
------------------------------------------------------------------------
                                                         Are covered if 
              Storm water discharges from                listed in part 
------------------------------------------------------------------------
Timber Products Facilities............................  XI.A.1.         
Paper and Allied Products Manufacturing Facilities....  XI.B.1.         
Chemical and Allied Products Manufacturing Facilities.  XI.C.1.         
Asphalt Paving, Roofing Materials, and Lubricant        XI.D.1.         
 Manufacturing Facilities.                                              
Glass, Clay, Cement, Concrete, and Gypsum Product       XI.E.1.         
 Manufacturing Facilities.                                              
Primary Metals Facilities.............................  XI.F.1.         
Metal Mines (Ore Mining and Dressing).................  XI.G.1.         
Coal Mines and Coal Mine-Related Facilities...........  XI.H.1.         
Oil or Gas Extraction Facilities......................  XI.I.1.         
Mineral Mining and Processing Facilities..............  XI.J.1.         
Hazardous Waste Treatment Storage or Disposal           XI.K.1.         
 Facilities.                                                            
Landfills and Land Application Sites..................  XI.L.1.         
Automobile Salvage Yards..............................  XI.M.1.         
Scrap Recycling and Waste and Recycling Facilities....  XI.N.1.         
Steam Electric Power Generating Facilities............  XI.O.1.         

[[Page 51112]]
                                                                        
Vehicle Maintenance or Equipment Cleaning areas at      XI.P.1.         
 Motor Freight Transportation Facilities, Passenger                     
 Transportation Facilities, Petroleum Bulk Oil                          
 Stations and Terminals, the United States Postal                       
 Service, or Railroad Transportation Facilities.                        
Vehicle Maintenance Areas and Equipment Cleaning Areas  XI.Q.1.         
 of Water Transportation Facilities.                                    
Ship or Boat Building and Repair Yards................  XI.R.1.         
Vehicle Maintenance Areas, Equipment Cleaning Areas or  XI.S.1.         
 From Airport Deicing Operations located at Air                         
 Transportation Facilities.                                             
Wastewater Treatment Works............................  XI.T.1.         
Food and Kindred Products Facilities..................  XI.U.1.         
Textile Mills, Apparel and other Fabric Product         XI.V.1.         
 Manufacturing Facilities.                                              
Furniture and Fixture Manufacturing Facilities........  XI.W.1.         
Printing and Publishing Facilities....................  XI.X.1.         
Rubber and Miscellaneous Plastic Product Manufacturing  XI.Y.1.         
 Facilities.                                                            
Leather Tanning and Finishing Facilities..............  XI.Z.1.         
Facilities That Manufacture Metal Products including    XI.AA.1.        
 Jewelry, Silverware and Plated Ware.                                   
Facilities That Manufacture Transportation Equipment,   XI.AB.1.        
 Industrial or Commercial Machinery.                                    
Facilities That Manufacture Electronic and Electrical   XI.AC.1.        
 Equipment and Components, Photographic and Optical                     
 Goods.                                                                 
------------------------------------------------------------------------



    2. Construction. This permit may authorize storm water discharges 
associated with industrial activity that are mixed with storm water 
discharges associated with industrial activity from construction 
activities provided that the storm water discharge from the 
construction activity is authorized by and in compliance with the terms 
of a different NPDES general permit or individual permit authorizing 
such discharges.
    3. Limitations on Coverage. The following storm water discharges 
associated with industrial activity are not authorized by this permit:
    a. Storm water discharges associated with industrial activities 
that are not listed under the coverage sections contained in Part XI. 
(see Table 1).
    b. Storm water discharges subject to New Source Performance 
Standards except as provided in Part I.B.7. below.
    c. Storm water discharges associated with industrial activity that 
are mixed with sources of non-storm water other than non-storm water 
discharges that are:
    (1) In compliance with a different NPDES permit; or
    (2) Identified by and in compliance with Part III.A. (Prohibition 
of Non-storm Water Discharges) of this permit.
    d. Storm water discharges associated with industrial activity that 
are subject to an existing NPDES individual or general permit (except 
storm water discharges subject to the NPDES General Permit for Storm 
Water Discharges Associated With Industrial Activity published 
September 9, 1992 [57 FR 41297], or September 25, 1992 [57 FR 44438]).
    e. Are located at a facility where an NPDES permit has been 
terminated (other than at the request of the permittee) or denied, or 
that are issued a permit in accordance with Part VII.M (Requirements 
for Individual or Alternative General Permits) of this permit;
    f. Storm water discharges associated with industrial activity that 
the Director [U.S. Environmental Protection Agency (EPA)] has 
determined to be or may reasonably be expected to be contributing to a 
violation of a water quality standard.
    g. Discharges subject to storm water effluent guidelines, not 
described under Part XI.
    h. Storm water discharges associated with industrial activity from 
inactive mining, inactive landfills, or inactive oil and gas operations 
occurring on Federal lands where an operator cannot be identified.
    4. Storm Water Not Associated With Industrial Activity. Storm water 
discharges associated with industrial activity that are authorized by 
this permit may be combined with other sources of storm water that are 
not classified as associated with industrial activity pursuant to 40 
CFR 122.26(b)(14).
    5. Endangered Species Protection.
    a. Permit Coverage Restrictions: In order to be eligible for 
coverage under this permit, the applicant must comply with the 
Endangered Species Act. A discharge of storm water associated with 
industrial activity may be covered under this permit only if either:
    (1) The storm water discharge(s), and the construction of BMPs to 
control storm water runoff, are not likely to adversely affect species 
identified in Addendum H of this permit; or
    (2) The applicant's activity has received previous authorization 
under the Endangered Species Act and established an environmental 
baseline that is unchanged; or,
    (3) The applicant is implementing appropriate measures as required 
by the Director to address adverse affects.
    b. All dischargers applying for coverage under this multi-sector 
storm water general permit must certify that their storm water 
discharge(s), and the construction of BMPs to control storm water 
runoff, are not likely to adversely affect species identified in 
Addendum H of this permit.
    6. National Historic Preservation Act. In order to be eligible for 
coverage under this permit, the applicant must be in compliance with 
the National Historic Preservation Act. A discharge of storm water 
associated with industrial activity may be covered under this permit 
only if:
    (i) The discharge does not affect a property that is listed or is 
eligible for listing in the National Historic Register maintained by 
the Secretary of Interior; or,
    (ii) The applicant has obtained and is in compliance with a written 
agreement between the applicant and the State Historic Preservation 
Officer (SHPO) that outlines all measures to be undertaken by the 
applicant to mitigate or prevent adverse effects to the historic 
property.
    7. Discharges Subject to New Source Performance Standards. 
Operators of facilities with storm water discharges subject to New 
Source Performance Standards 1 shall have documentation of 

[[Page 51113]]
a final EPA decision indicating that the Agency has determined that the 
storm water discharge has no direct or indirect impact. This 
documentation shall be obtained and retained on site prior to the 
submittal of the Notice of Intent. Operators of these facilities shall 
not be authorized under the terms and conditions of this permit until 
the submittal of a Notice of Intent to gain coverage under this permit. 
Where documentation of the Agency's decision has not been obtained for 
a facility subject to New Source Performance Standards, the operator 
must obtain such documentation prior to submitting a NOI. The permittee 
may use the format in Addendum E to submit information to EPA to 
initiate the process of the environmental review. The information shall 
be sent to the appropriate address listed in Part VI.B. of this permit. 
In order to maintain eligibility, the permittee must implement any 
mitigation required of the facility as a result of the National 
Environmental Policy Act (NEPA) review process. Failure to implement 
mitigation measures upon which the Agency's NEPA finding is based is 
grounds for termination of permit coverage.

    \1\ Storm water discharges subject to New Source Performance 
Standards (NSPS) and that may be covered under this permit include: 
runoff from material storage piles at cement manufacturing 
facilities [40 CFR Part 411 Subpart C (established February 23, 
1977)]; contaminated runoff from phosphate fertilizer manufacturing 
facilities [40 CFR Part 418 Subpart A (established April 8, 1974)]; 
coal pile runoff at steam electric generating facilities [40 CFR 
Part 423 (established November 19, 1982)]; and runoff from asphalt 
emulsion facilities [40 CFR Part 443 Subpart A (established July 24, 
1975)]. NSPS apply only to discharges from those facilities or 
installations that were constructed after the promulgation of NSPS. 
For example, storm water discharges from areas where the production 
of asphalt paving and roofing emulsions occurs are subject to NSPS 
only if the asphalt emulsion facility was constructed after July 24, 
1975.
---------------------------------------------------------------------------

C. Authorization

    Dischargers of storm water associated with industrial activity must 
submit a complete NOI in accordance with the requirements of Part II of 
this permit, using an NOI form as found in Addendum B (or photocopy 
thereof), to be authorized to discharge under this general permit. 
Unless notified by the Director to the contrary, owners or operators 
who submit such notification are authorized to discharge storm water 
associated with industrial activity under the terms and conditions of 
this permit 2 days after the date that the NOI is postmarked. The 
Director may deny coverage under this permit and require submittal of 
an application for an individual NPDES permit based on a review of the 
NOI or other information.

D. Overview of the Multisector General Permit

    Parts I.-X. apply to all facilities. Parts I. and II. describe 
eligibility requirements and the process for obtaining permit coverage. 
Parts III.-X. contain ``basic'' permit requirements.
    Part XI. provides additional requirements for particular sectors of 
industrial activity. For example, primary metal facilities add Part 
XI.F., to the ``universal'' Parts I.-X. requirements.
    Some facilities may have ``co-located'' activities that are 
described in more than one sector and need to comply with applicable 
conditions of each sector. For example, a chemical manufacturing 
facility could have a land application site and be subject to Part 
XI.C.--Chemical and Allied products Manufacturing sector (primary 
activity), with runoff from the land application site (co-located 
activity) also subject to conditions in the Part XI.L.--Landfills and 
Land Application Sites sector.
    Part XII of the permit contains conditions (e.g., effluent 
limitations or special reporting requirements) that only apply to 
facilities located in a particular State, EPA Region, or other area. 
Those special conditions are in addition to, or in lieu of, the 
``generic'' Parts I.-XI. permit requirements.
    Part XII of the permit also contains differences in permit 
eligibility and availability. For example, only the permits for 
Louisiana, New Mexico, Oklahoma, and Texas allow coverage of certain 
mine dewatering discharges from construction sand and gravel, 
industrial sand, and crushed stone mines (subject to additional permit 
conditions) under Sector J.--Mineral Mining and Processing.
    Addendum D. lists large and medium municipal separate storm sewer 
systems (MS4s). Facilities located in these jurisdictions have special 
responsibilities (described in the permit) with regard to compliance 
with local requirements and providing information to the operator of 
the MS4).

II. Notification Requirements

A. Deadlines for Notification

    1. Existing Facility. Except as provided in paragraphs II.A.4. (New 
Operator), and II.A.5. (Late Notification), individuals who intend to 
obtain coverage for an existing storm water discharge associated with 
industrial activity under this general permit shall submit an NOI in 
accordance with the requirements of this part on or before [insert date 
90 days after permit finalization];
    2. New Facility. Except as provided in paragraphs II.A.3. (Oil and 
Gas Operations), II.A.4. (New Operator), and II.A.5. (Late 
Notification), operators of facilities that begin industrial activity 
after [insert date 90 days after permit finalization] shall submit an 
NOI in accordance with the requirements of this part at least 2 days 
prior to the commencement of the industrial activity at the facility;
    3. Oil and Gas Operations. Operators of oil and gas exploration, 
production, processing, or treatment operations or transmission 
facilities, that are not required to submit a permit application as of 
[insert date 90 days after permit finalization] in accordance with 40 
CFR 122.26(c)(1)(iii), but that after [insert date 90 days after permit 
finalization] have a discharge of a reportable quantity of oil or a 
hazardous substance for which notification is required pursuant to 
either 40 CFR 110.6, 40 CFR 117.21, or 40 CFR 302.6, must submit an NOI 
in accordance with the requirements of Part II.C. of this permit within 
14 calendar days of the first knowledge of such release.
    4. New Operator. Where the operator of a facility with a storm 
water discharge associated with industrial activity that is covered by 
this permit changes, the new operator of the facility must submit an 
NOI in accordance with the requirements of this part at least 2 days 
prior to the change.
    5. Late Notification. An operator of a storm water discharge 
associated with industrial activity is not precluded from submitting an 
NOI in accordance with the requirements of this part after the dates 
provided in Parts II.A.1., 2., 3., or 4. (above) of this permit.
    6. Part II.A.6 Facilities Previously Subject to the Baseline 
General Permit. Eligible facilities previously covered by EPA's 1992 
Baseline General Permits for Storm Water Discharges Associated with 
Industrial Activity (57 FR 41297 or 57 FR 44438) may elect to be 
covered by this permit by submitting an NOI in accordance with the 
requirements of this Part within [insert date 90 days after permit 
finalization]. To avoid a lapse in permit coverage should reissuance or 
termination of the 1992 Baseline General Permits eliminate coverage for 
certain industries under those permits, NOIs from eligible facilities 
may also be submitted during the period 90 days prior to the expiration 
date of the applicable Baseline General Permit.

B. Contents of Notice of Intent

    The NOI shall be signed in accordance with Part VII.G. (Signatory 
Requirements) of this permit and shall include the following 
information:
    1. Permit. An indication of which NPDES storm water general permit 
is being applied for (either baseline general, baseline construction, 
or multi-sector);
    2. Name. The operator's name, address, telephone number, and status 


[[Page 51114]]
as Federal, State, private, public, or other entity;
    3. Location. The street address of the facility for which the 
notification is submitted. Also describe the location of the 
approximate center of the facility in terms of the latitude and 
longitude to the nearest 15 seconds, or the quarter section, township 
and range (to the nearest quarter section);
    4. Federal Indian Reservations. An indication of whether the 
facility is located on Federal Indian Reservations;
    Receiving Water. 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 ultimate receiving 
water(s) for the discharge through the municipal separate storm sewer;
    6. Co-permittee. The storm water general permit number if such a 
number has been issued to a co-permittee;
    7. Monitoring. The monitoring status of the facility;
    8. SIC Code. Up to four 4-digit Standard Industrial Classification 
(SIC) codes that best represent the principal products produced or 
services rendered, or 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 narrative 
identification of those activities;
    9. Other Permits. The permit number(s) of additional NPDES 
permit(s) for any discharge(s) (including non-storm water discharges) 
from the site that are currently authorized by an NPDES permit;
    10. Presence of Endangered Species. Based on the instructions in 
Addendum H, no species identified in Addendum H are in proximity to the 
storm water discharges to be covered under this permit, or the areas of 
BMP construction to control those storm water discharges.
    11. National Historic Preservation Act Compliance. A yes or no 
response to the following statement: Applicant has obtained and is in 
compliance with Historic Preservation Agreement.
    12. Eligibility Certification. The following certifications shall 
be signed in accordance with Part VII.G.

    I certify under penalty of law that I have read and understand 
the Part I.B. eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements 
relating to the protection of species identified in Addendum H.
    To the best of my knowledge the discharges covered under this 
permit, and the construction of BMPs to control storm water runoff, 
are not likely and will not likely, adversely affect any species 
identified in Addendum H of this permit, or are otherwise eligible 
for coverage due to previous authorization under the Endangered 
Species Act.
    To the best of my knowledge, I further certify that such 
discharges, and construction of BMPs to control storm water runoff, 
do not have an effect on properties listed or eligible for listing 
on the National Register of Historic Places under the National 
Historic Preservation Act, or are otherwise eligible for coverage 
due to a previous agreement under the National Historic Preservation 
Act.
    I understand that continued coverage under the multi-sector 
storm water general permit is contingent upon maintaining 
eligibility as provided for in Part I.B.

    13. Pollution Prevention Plan Certification. 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 must be included on 
the NOI. (Do not include a copy of the plan with the NOI submission.)

C. Where To Submit

    Facilities that discharge storm water associated with industrial 
activity must use an NOI form provided by the Director (or photocopy 
thereof). NOIs must be signed in accordance with Part VII.G. (Signatory 
Requirements) of this permit. NOIs are to be submitted to the Director 
of the NPDES program at the following address: Storm Water Notice of 
Intent (4203), 401 M Street, S.W., Washington, D.C. 20460.

D. Additional Notification

    Facilities that discharge storm water associated with industrial 
activity through large or medium municipal separate storm sewer systems 
(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 definition in Part X. of this permit and Addendum D of this 
notice)), or into a municipal separate storm sewer that has been 
designated by the permitting authority shall, in addition to filing 
copies of the NOI in accordance with paragraph II.C., submit signed 
copies of the NOI to the operator of the municipal separate storm sewer 
through which they discharge in accordance with the deadlines in Part 
II.A. (Deadlines for Notification) of this permit.

III. Special Conditions

A. Prohibition of Non-storm Water Discharges

    1. Storm Water Discharges. Except as provided in paragraph III.A.2 
(below), all discharges covered by this permit shall be composed 
entirely of storm water.
    2. Non-storm Water Discharges. a. Except as provided in paragraph 
III.A.2.b (below), discharges of material other than storm water must 
be in compliance with an NPDES permit (other than this permit) issued 
for the discharge.
    b. The following non-storm water discharges may be authorized by 
this permit provided the non-storm water component of the discharge is 
in compliance with Part IV and Part XI: discharges from fire fighting 
activities; fire hydrant flushings; potable water sources including 
waterline flushings; drinking fountain water, uncontaminated compressor 
condensate, irrigation drainage; lawn watering; routine external 
building washdown that does not use detergents or other compounds; 
pavement washwaters where spills or leaks of toxic or hazardous 
materials have not occurred (unless all spilled material has been 
removed) and where detergents are not used; air conditioning 
condensate; compressor condensate; uncontaminated springs; 
uncontaminated ground water; and foundation or footing drains where 
flows are not contaminated with process materials such as solvents.

B. Releases in Excess of Reportable Quantities

    1. Hazardous Substances or Oil. The discharge of hazardous 
substances or oil in the storm water discharge(s) from a facility shall 
be prevented or minimized in accordance with the applicable storm water 
pollution prevention plan for the facility. This permit does not 
relieve the permittee of the reporting requirements of 40 CFR Part 117 
and 40 CFR Part 302. Except as provided in paragraph III.B.2 (Multiple 
Anticipated Discharges) of this permit, where a release containing a 
hazardous substance in an amount equal to or in excess of a reporting 
quantity established under either 40 CFR Part 117 or 40 CFR Part 302, 
occurs during a 24-hour period:
    a. The discharger 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 he or she has knowledge of the 
discharge;
    b. The storm water pollution prevention plan required under Part 
IV. (Storm Water Pollution Prevention Plans) of this permit must be 
modified within 14 calendar days of knowledge of the release to: 
provide a description of 

[[Page 51115]]
the release, the circumstances leading to the release, and the date of 
the release. In addition, the plan must be reviewed by the permittee to 
identify measures to prevent the reoccurrence of such releases and to 
respond to such releases, and the plan must be modified where 
appropriate; and
    c. The permittee shall submit 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 in accordance with paragraph III.B.1.b. (above) of 
this permit to the appropriate EPA Regional Office at the address 
provided in Part VI.B. (Reporting: Where to Submit) of this permit.
    2. Multiple Anticipated Discharges. Facilities that have more than 
one anticipated discharge per year containing the same hazardous 
substance in an amount equal to or in excess of a reportable quantity 
established under either 40 CFR Part 117 or 40 CFR Part 302, that 
occurs during a 24-hour period, where the discharge is caused by events 
occurring within the scope of the relevant operating system shall:
    a. Submit notifications in accordance with Part III.B.1.b. (above) 
of this permit for the first such release that occurs during a calendar 
year (or for the first year of this permit, after submittal of an NOI); 
and
    b. Shall provide in the storm water pollution prevention plan 
required under Part IV. (Storm Water Pollution Prevention Plans) a 
written description of the dates on which all such releases occurred, 
the type and estimate of the amount of material released, and the 
circumstances leading to the releases. In addition, the plan must be 
reviewed to identify measures to prevent or minimize such releases and 
the plan must be modified where appropriate.
    3. Spills. This permit does not authorize the discharge of 
hazardous substances or oil resulting from an onsite spill.

C. Co-located Industrial Activity

    In the case where a facility has industrial activities occurring 
onsite which are described by any of the activities in other sections 
of Part XI, those industrial activities are considered to be co-located 
industrial activities. Storm water discharges from co-located 
industrial activities are authorized by this permit, provided that the 
permittee complies with any and all additional pollution prevention 
plan and monitoring requirements from other sections of Part XI 
applicable to the co-located industrial activity. The operator of the 
facility shall determine which additional pollution prevention plan and 
monitoring requirements are applicable to the co-located industrial 
activity by examining the narrative descriptions of each coverage 
section (Discharges Covered Under This Section) in Part XI of this 
permit.

IV. Storm Water Pollution Prevention Plans

    A storm water pollution prevention plan shall be developed for each 
facility covered by this permit. Storm water pollution prevention plans 
shall be prepared in accordance with good engineering practices and in 
accordance with the factors outlined in 40 CFR 125.3(d)(2) or (3) as 
appropriate. The plan shall identify potential sources of pollution 
that may reasonably be expected to affect the quality of storm water 
discharges associated with industrial activity from the facility. In 
addition, the plan shall describe and ensure the implementation of 
practices that are to be used to reduce the pollutants in storm water 
discharges associated with industrial activity at the facility and to 
assure compliance with the terms and conditions of this permit. 
Facilities must implement the provisions of the storm water pollution 
prevention plan required under this part as a condition of this permit.

A. Deadlines for Plan Preparation and Compliance

    1. Existing Facilities. Except as provided in paragraphs 3., 4., 
and 5. (below), all existing facilities and new facilities that begin 
operation on or before [insert date 270 days after permit finalization] 
shall prepare and implement the plan by [insert date 270 days after 
permit finalization].
    2. New Facilities. Facilities that begin operation after [insert 
date 270 days after permit finalization] shall prepare and implement 
the plan prior to submitting the Notice of Intent.
    3. Oil and Gas Facilities. Oil and gas exploration, production, 
processing or treatment facilities that are not required to submit a 
permit application on or before [insert date 90 days after permit 
finalization] in accordance with 40 CFR 122.26(c)(1)(iii), but after 
[insert date 270 days after permit finalization] have a discharge of a 
reportable quantity of oil or a hazardous substance for which 
notification is required pursuant to either 40 CFR 110.6 or 40 CFR 
302.6, shall prepare and implement the plan on or before the date 60 
calendar days after first knowledge of such release.
    4. Facilities Switching From the Baseline General Permit to This 
Permit. Facilities previously subject to the NPDES General Permit for 
Storm Water Discharges Associated With Industrial Activity (57 FR 41297 
or 57 FR 44438) that switch to coverage under this permit shall 
continue to implement the storm water pollution prevention plan 
required by that permit. The plan shall be revised as necessary to 
address requirements under Part XI. of this permit no later than 
[insert date 270 days after permit finalization]. The revisions made to 
the plan shall be implemented on or before [insert date 270 days after 
permit finalization].
    5. Facilities Electing Multi-Sector General Permit Upon Expiration 
of the Baseline General Permit. Facilities electing to obtain coverage 
under this permit during the period 90 days prior to expiration of the 
Baseline General Permit shall revise the pollution prevention plan 
required by that permit as necessary to address requirements under Part 
X.I. of this permit and implement the revised plan prior to submittal 
of the NOI.
    6. Measures That Require Construction. In cases where construction 
is necessary to implement measures required by the plan, the plan shall 
contain a schedule that provides compliance with the plan as 
expeditiously as practicable, but no later than [insert date 3 years 
after permit finalization]. Where a construction compliance schedule is 
included in the plan, the schedule shall include appropriate non-
structural and/or temporary controls to be implemented in the affected 
portion(s) of the facility prior to completion of the permanent control 
measure.
    7. Extensions. Upon a showing of good cause, the Director may 
establish a later date in writing for preparing and compliance with a 
plan for a storm water discharge associated with industrial activity.

B. Signature and Plan Review

    1. Signature/Location. The plan shall be signed in accordance with 
Part VII.G. (Signatory Requirements), and be retained onsite at the 
facility that generates the storm water discharge in accordance with 
Part VII.P.2. (Retention of Records) of this permit. For inactive 
facilities, the plan may be kept at the nearest office of the 
permittee.
    2. Availability. The permittee shall 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 

[[Page 51116]]
Administration; the U.S. Fisheries and Wildlife Service Regional 
Director; or authorized representatives of these officials.
    3. Required Modifications. The Director, or authorized 
representative, may notify the permittee at any time that the plan does 
not meet one or more of the minimum requirements of this part. Such 
notification shall identify those provisions of the permit that are not 
being met by the plan, and identify which provisions of the plan 
requires modifications in order to meet the minimum requirements of 
this part. Within 30 days of such notification from the Director, (or 
as otherwise provided by the Director), or authorized representative, 
the permittee shall make the required changes to the plan and shall 
submit to the Director a written certification that the requested 
changes have been made.

C. Keeping Plans Current

    The permittee shall amend the plan whenever there is a change in 
design, construction, operation, or maintenance, that has a significant 
effect on the potential for the discharge of pollutants to the waters 
of the United States or if the storm water pollution prevention plan 
proves to be ineffective in eliminating or significantly minimizing 
pollutants from sources identified under Part IV.D. (Contents of the 
Plan) of this permit, or in otherwise achieving the general objectives 
of controlling pollutants in storm water discharges associated with 
industrial activity. New owners shall review the existing plan and make 
appropriate changes: Amendments to the plan may be reviewed by EPA in 
the same manner as Part IV.B. (above).

D. Contents of the Plan

    The contents of the pollution prevention plan shall comply with the 
requirements listed in the appropriate section of Part XI. (Specific 
Requirements for Industrial Activities). Table 2 lists the location of 
the plan requirements for the respective industrial activities. These 
requirements are cumulative. If a facility has co-located activities 
that are covered in more than one section of Part XI., that facility's 
pollution prevention plan must comply with the requirements listed in 
all applicable sections of this permit.

            Table 2.--Pollution Prevention Plan Requirements            
------------------------------------------------------------------------
                                                          Are subject to
                                                            pollution   
              Storm water discharges from                prevention plan
                                                           requirements 
                                                          listed in part
------------------------------------------------------------------------
Timber Products Facilities.............................  XI.A.3         
Paper and Allied Products Manufacturing Facilities.....  XI.B.3         
Chemical and Allied Products Manufacturing Facilities..  XI.C.4         
Asphalt Paving, Roofing Materials, and Lubricant         XI.D.3         
 Manufacturing Facilities.                                              
Glass, Clay, Cement Concrete and Gypsum Product          XI.E.3         
 Manufacturing Facilities.                                              
Primary Metals Facilities..............................  XI.F.3.        
Metal Mines (Ore Mining and Dressing)..................  XI.G.3         
Coal Mines and Coal Mine-Related Facilities............  XI.H.3         
Oil or Gas Extraction Facilities.......................  XI.I.3         
Mineral Mining and Processing Facilities...............  XI.J.3         
Hazardous Waste Treatment Storage or Disposal            XI.K.3         
 Facilities.                                                            
Landfills and Land Application Sites...................  XI.L.3         
Automobile Salvage Yards...............................  XI.M.2         
Scrap and Waste Recycling Facilities...................  XI.N.3         
Steam Electric Power Generating Facilities.............  XI.O.3         
Vehicle Maintenance or Equipment Cleaning areas at       XI.P.3         
 Motor Freight Transportation Facilities, Passenger                     
 Transportation Facilities, Petroleum Bulk Oil Stations                 
 and Terminals, the United States Postal Service, or                    
 Railroad Transportation Facilities.                                    
Vehicle Maintenance Areas and Equipment Cleaning Areas   XI.Q.3         
 of Water Transportation Facilities.                                    
Ship or Boat Building and Repair Yards.................  XI.R.3         
Vehicle Maintenance Areas, Equipment Cleaning Areas or   XI.S.3         
 From Airport Deicing Operations located at Air                         
 Transportation Facilities.                                             
Wastewater Treatment Works.............................  XI.T.3         
Food and Kindred Products Facilities...................  XI.U.3         
Textile Mills, Apparel and other Fabric Product          XI.V.3         
 Manufacturing Facilities.                                              
Furniture and Fixture Manufacturing Facilities.........  XI.W.3         
Printing and Publishing Facilities.....................  XI.X.3         
Rubber and Miscellaneous Plastic Product Manufacturing   XI.Y.3         
 Facilities.                                                            
Leather Tanning and Finishing Facilities...............  XI.Z.3         
Facilities That Manufacture Metal Products including     XI.AA.3        
 Jewelry, Silverware and Plated Ware.                                   
Facilities That Manufacture Transportation Equipment,    XI.AB.3        
 Industrial or Commercial Machinery.                                    
Facilities That Manufacture Electronic and Electrical    XI.AC.3.       
 Equipment and Components, Photographic and Optical                     
 Goods.                                                                 
------------------------------------------------------------------------

E. Special Pollution Prevention Plan Requirements

    In addition to the minimum standards listed in Part XI. of this 
permit (Specific Requirements for Industrial Activities), the storm 
water pollution prevention plan shall include a complete discussion of 
measures taken to conform with the following applicable guidelines, 
other effective storm water pollution prevention procedures, and 
applicable State rules, regulations and guidelines:
    1. Additional Requirements for Storm Water Discharges Associated 
With Industrial Activity that Discharge Into or Through Municipal 
Separate Storm Sewer Systems Serving a Population of 100,000 or More. 
a. In addition to the applicable requirements of this permit, 
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.
    b. Permittees that discharge storm water associated with industrial 
activity through a municipal separate storm sewer system serving a 
population of 100,000 or more, or a municipal system designated by the 
Director shall make plans available to the municipal operator of the 
system upon request.
    2. Additional Requirements for Storm Water Discharges Associated 
With Industrial Activity From Facilities Subject to EPCRA Section 313 
Requirements. In addition to the requirements of Part XI. of this 
permit and other applicable conditions of this permit, storm water 
pollution prevention plans for facilities subject to 

[[Page 51117]]
reporting requirements under EPCRA Section 313 for chemicals that are 
classified as `Section 313 water priority chemicals' in accordance with 
the definition in Part X. of this permit, except as provided in 
paragraph IV.E.2.c.(below), shall describe and ensure the 
implementation of practices that are necessary to provide for 
conformance with the following guidelines:
    a. In areas where Section 313 water priority chemicals are stored, 
processed or otherwise handled, appropriate containment, drainage 
control and/or diversionary structures shall be provided unless 
otherwise exempted under Part IV.E.2.c. At a minimum, one of the 
following preventive systems or its equivalent shall be used:
    (1) 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
    (2) Roofs, covers or other forms of appropriate protection to 
prevent storage piles from exposure to storm water and wind.
    b. In addition to the minimum standards listed under Part IV.E.2.a. 
(above) of this permit, except as otherwise exempted under Part 
IV.E.2.c (below) of this permit, the storm water pollution prevention 
plan shall include a complete discussion of measures taken to conform 
with other effective storm water pollution prevention procedures, and 
applicable State rules, regulations, and guidelines:
    (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. (a) No tank or container shall be used for 
the storage of a Section 313 water priority chemical unless its 
material and construction are compatible with the material stored and 
conditions of storage such as pressure and temperature, etc.
    (b) Liquid storage areas for Section 313 water priority chemicals 
shall 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.
    (2) Material Storage Areas for Section 313 Water Priority Chemicals 
Other Than Liquids. Material storage areas for Section 313 water 
priority chemicals other than liquids that are subject to runoff, 
leaching, or wind shall incorporate drainage or other control features 
that will 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 for Liquid 
Section 313 Water Priority Chemicals. Truck and rail car loading and 
unloading areas for liquid Section 313 water priority chemicals shall 
be operated to minimize discharges of Section 313 water priority 
chemicals. Protection such as overhangs or door skirts to enclose 
trailer ends at truck loading/unloading docks shall be provided as 
appropriate. 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) for use when making and breaking hose connections; a 
strong spill contingency and integrity testing plan; and/or other 
equivalent measures.
    (4) Areas Where Section 313 Water Priority Chemicals Are 
Transferred, Processed, or Otherwise Handled. Processing equipment and 
materials handling equipment shall be operated so as to minimize 
discharges of Section 313 water priority chemicals. Materials used in 
piping and equipment shall be compatible with the substances handled. 
Drainage from process and materials handling areas shall 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 from causing a 
discharge of Section 313 water priority chemicals to the drainage 
system shall be provided as appropriate. Visual inspections or leak 
tests shall be provided for overhead piping conveying Section 313 water 
priority chemicals without secondary containment.
    (5) Discharges From Areas Covered by Paragraphs (1), (2), (3), or 
(4). (a) Drainage from areas covered by paragraphs (1), (2), (3), or 
(4) of this part 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 shall be manually activated.
    (b) Flapper-type drain valves shall not be used to drain 
containment areas. Valves used for the drainage of containment areas 
should, as far as is practical, be of manual, open-and-closed design.
    (c) If facility drainage is not engineered as above, the final 
discharge of all in-facility storm sewers shall 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 to the facility.
    (d) Records shall be kept of the frequency and estimated volume (in 
gallons) of discharges from containment areas.
    (6) Facility Site Runoff Other Than From Areas Covered By (1), (2), 
(3), or (4). Other areas of the facility (those not addressed in 
paragraphs (1), (2), (3), or (4)), from which runoff that may contain 
Section 313 water priority chemicals or spills of Section 313 water 
priority chemicals could cause a discharge shall incorporate the 
necessary drainage or other control features to prevent discharge of 
spilled or improperly disposed material and ensure the mitigation of 
pollutants in runoff or leachate.
    (7) Preventive Maintenance and Housekeeping. All areas of the 
facility shall be inspected at specific intervals identified in the 
plan for leaks or conditions that could lead to discharges of Section 
313 water priority chemicals or direct contact of storm water with raw 
materials, intermediate materials, waste materials or products. In 
particular, facility piping, pumps, storage tanks and bins, pressure 
vessels, process and material handling equipment, and material bulk 
storage areas shall be examined for any conditions or failures that 
could cause a discharge. Inspection shall include examination for 
leaks, wind blowing, corrosion, support or foundation failure, or other 
forms of deterioration or noncontainment. Inspection intervals shall be 
specified in the plan and shall be based on design and operational 
experience. Different areas may require different inspection intervals. 
Where a leak or other condition is discovered that may result in 
significant releases of Section 313 water priority chemicals to waters 
of the United States, action to stop the leak or otherwise prevent the 
significant release of Section 313 water priority chemicals to waters 
of the United States shall be immediately taken or the unit or process 
shut down until such action can be taken. When a leak or noncontainment 
of a Section 313 water priority chemical has occurred, contaminated 
soil, debris, or other material must be promptly removed and disposed 
in accordance with Federal, State, and local requirements and as 
described in the plan.

[[Page 51118]]

    (8) Facility Security. Facilities shall have the necessary security 
systems to prevent accidental or intentional entry that could cause a 
discharge. Security systems described in the plan shall address 
fencing, lighting, vehicular traffic control, and securing of equipment 
and buildings.
    (9) Training. Facility employees and contractor personnel that work 
in areas where Section 313 water priority chemicals are used or stored 
shall be trained in and informed of preventive measures at the 
facility. Employee training shall be conducted at intervals specified 
in the plan, but not less than once per year. Training shall address: 
pollution control laws and regulations, the storm water pollution 
prevention plan and the particular features of the facility and its 
operation that are designed to minimize discharges of Section 313 water 
priority chemicals. The plan shall designate a person who is 
accountable for spill prevention at the facility and who will set up 
the necessary spill emergency procedures and reporting requirements so 
that spills and emergency releases of Section 313 water priority 
chemicals can be isolated and contained before a discharge of a Section 
313 water priority chemical can occur. Contractor or temporary 
personnel shall be informed of facility operation and design features 
in order to prevent discharges or spills from occurring.
    c. Facilities subject to reporting requirements under EPCRA Section 
313 for chemicals that are classified as ``Section 313 water priority 
chemicals'' in accordance with the definition in Part X. of this permit 
that are handled and stored onsite only in gaseous or non-soluble 
liquid or solid (at atmospheric pressure and temperature) forms may 
provide a certification as such in the pollution prevention plan in 
lieu of the additional requirements in Part IV.E.2. Such certification 
shall include a narrative description of all water priority chemicals 
and the form in which they are handled and stored, and shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    d. The storm water pollution prevention plan shall be certified in 
accordance with Section VII.G (Signatory Requirements) of this permit.
    3. Additional Requirements for Salt Storage. Storage piles of salt 
used for deicing or other commercial or industrial purposes and that 
generate a storm water discharge associated with industrial activity 
that is discharged to waters of the United States shall be enclosed or 
covered to prevent exposure to precipitation, except for exposure 
resulting from adding or removing materials from the pile. Dischargers 
shall demonstrate compliance with this provision as expeditiously as 
practicable, but in no event later than [insert date 3 years after 
permit finalization]. Dischargers with previous coverage under the 
Baseline general permit for storm water shall be compliant with this 
provision upon submittal of the NOI. Piles do not need to be enclosed 
or covered where storm water from the pile is not discharged to waters 
of the United States.
    4. Consistency With Other Plans. Storm water pollution prevention 
plans may reference the existence of other plans for Spill Prevention 
Control and Countermeasure (SPCC) plans developed for the facility 
under Section 311 of the CWA or Best Management Practices (BMP) 
Programs otherwise required by an NPDES permit for the facility as long 
as such requirement is incorporated into the storm water pollution 
prevention plan.

V. Numeric Effluent Limitations

A. Discharges Associated With Specific Industrial Activity

    Numeric effluent limitations for storm water discharges associated 
with a specific industrial activity are described in Part XI. of this 
permit.

B. Coal Pile Runoff

    Any discharge composed of coal pile runoff shall not exceed a 
maximum concentration for any time of 50 mg/L total suspended solids. 
Coal pile runoff shall not be diluted with storm water or other flows 
in order to meet this limitation. The pH of such discharges shall be 
within the range of 6.0 to 9.0. Runoff from coal piles located at steam 
electric generating facilities shall be in compliance with these limits 
upon submittal of the Notice of Intent (NOI). Runoff from coal piles at 
all other types of facilities shall comply with these limitations as 
expeditiously as practicable, but in no case later than [insert date 3 
years after permit finalization]. Dischargers with previous coverage 
under the Baseline general permit for storm water shall be compliant 
with this provision upon submittal of the NOI. Any untreated overflow 
from facilities designed, constructed and operated to treat the volume 
of coal pile runoff that is associated with a 10-year, 24-hour rainfall 
event shall not be subject to the 50 mg/L limitation for total 
suspended solids.

VI. Monitoring and Reporting Requirements

A. Monitoring Requirements

    1. Limitations on Monitoring Requirements. a. Except as required by 
paragraph b., only those facilities with discharges or activities 
identified in Part VI.C. and Part XI. are required to conduct sampling 
of their storm water discharges associated with industrial activity. 
Monitoring requirements under parts VI.C. and XI. are additive. 
Facilities with discharges or activities described in more than one 
monitoring section are subject to all applicable monitoring 
requirements from each section.
    b. The Director can provide written notice to any facility 
otherwise exempt from the sampling requirements of Parts VI.C. and XI. 
that it shall conduct discharge sampling for a specific monitoring 
frequency for specific parameters.

B. Reporting: Where To Submit

    1. Location. Signed copies of discharge monitoring reports required 
under Parts XI. and VI.C., individual permit applications, and all 
other reports required herein, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office:

a. CT, MA, ME, NH, RI, VT
    EPA, Region I, Water Management Division, (WCP), Storm Water Staff, 
JFK Federal Building, Boston, MA 02203
b. PR
    EPA, Region II, Water Management Division, (2WM-WPC), Storm Water 
Staff, 290 Broadway, New York, NY 10007-1866
c. DE, DC
    EPA, Region III, Water Management Division, (3WM55), Storm Water 
Staff, 841 Chestnut Building, Philadelphia, PA 19107
 d. FL
    EPA, Region IV, Water Management Division, Permits Section (WPEB-
7), 345 Courtland Street, NE., Atlanta, GA 30365
e. LA, NM (except see Region IX for Navajo lands), OK, TX
    EPA, Region VI, Enforcement and Compliance Assurance Division (GEN-
WC), EPA SW MSGP, First Interstate Bank Tower at Fountain Place, P.O. 
Box 50625, Dallas, TX 75205
 f. AZ, CA, NV, Johnson Atoll, Midway Island, Wake Island, the Goshute 
Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the 
Fort McDermitt Reservation 

[[Page 51119]]
in OR, the Duck Valley Reservation in NV and ID
    EPA, Region IX, Water Management Division, (W-5-3), Storm Water 
Staff, 75 Hawthorne Street, San Francisco, CA 94105
g. AK Indian Reservations, ID (except see Region IX for Duck Valley 
Reservation lands), OR (except see Region IX for Fort McDermitt 
Reservation lands), WA
    EPA, Region X, Water Division, (WD-134), Storm Water Staff, 1200 
Sixth Avenue, Seattle, WA 98101

For each outfall, one Discharge Monitoring Report form must be 
submitted per storm event sampled.
    2. Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with Part VI.B. (Reporting: 
Where to Submit), facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) or a municipal system designated by the Director must submit 
signed copies of discharge monitoring reports to the operator of the 
municipal separate storm sewer system in accordance with the dates 
provided in Part XI. Facilities not required to report monitoring data 
under Part XI. and facilities that are not otherwise required to 
monitor their discharges, need not comply with this provision.

C. Special Monitoring Requirements for Coal Pile Runoff

    During the period beginning on the effective date and lasting 
through the expiration date of this permit, permittees with storm water 
discharges containing coal pile runoff shall monitor such storm water 
for: pH and TSS 
(mg/l) at least annually (1 time per year). Permittees with discharges 
containing coal pile runoff must report in accordance with Part V.B 
(Numeric Effluent Limitations) and Part VI.B. (Reporting: Where to 
Submit). In addition to the parameters listed above, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
samples; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event samples and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge samples.
    1. Sample Type. For discharges containing coal pile runoff from 
holding ponds or other impoundments with a retention period greater 
than 24 hours (estimated by dividing the volume of the detention pond 
by the estimated volume of water discharged during the 24 hours 
previous to the time that the sample is collected), a minimum of one 
grab sample may be taken. For all other discharges containing coal pile 
runoff, data shall be reported for a grab sample. All such samples 
shall be collected from the discharge resulting from a storm event that 
is greater than 0.1 inches in magnitude and that occurs at least 72 
hours from the previously measurable (greater than 0.1 inch rainfall) 
storm event. The required 72-hour storm event interval is waived where 
the preceding measurable storm event did not result in a measurable 
discharge from the facility. The required 72-hour storm event interval 
may also be waived where the permittee documents that less than a 72-
hour interval is representative for local storm events during the 
season when sampling is being conducted. The grab sample shall be taken 
during the first 30 minutes of the discharge. If the collection of a 
grab sample during the first 30 minutes is impracticable, a grab sample 
can be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable.
    2. Sampling Waiver. When a discharger is unable to collect samples 
of coal pile runoff due to adverse climatic conditions, the discharger 
shall collect a substitute sample from a separate qualifying event in 
the next period and submit this data along with the data for the 
routine sample in that period. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    3. Representative Discharge. When a facility has two or more 
outfalls containing coal pile runoff that, based on a consideration of 
the other industrial activity, and significant materials, and upon 
management practices and activities within the area drained by the 
outfall, and the permittee reasonably believes substantially identical 
effluents are discharged, the permittee may test the effluent of one of 
such outfalls and report that the quantitative data also applies to the 
substantially identical outfalls provided that the permittee includes 
in the storm water pollution prevention plan a description of the 
location of the outfalls and explains in detail why the outfalls are 
expected to discharge substantially identical effluents. In addition, 
for each outfall that the permittee believes is representative, an 
estimate of the size of the drainage area (in square feet) and an 
estimate of the runoff coefficient of the drainage area (e.g., low 
(under 40 percent), medium (40 to 65 percent) or high (above 65 
percent)) shall be provided in the plan. Permittees required to submit 
monitoring information under Part VIII. of this permit shall include 
the description of the location of the outfalls, explanation of why 
outfalls are expected to discharge substantially identical effluents, 
and estimate of the size of the drainage area and runoff coefficient 
with the Discharge Monitoring Report. This representative discharge 
provision is not applicable to storm water discharges from coal piles 
regulated under the national effluent limitations guidelines.
    4. Alternative Certification. Facilities with storm water 
discharges containing coal pile runoff may not submit alternative 
certification in lieu of the required monitoring data.
    5. When to Submit. Permittees with discharges containing coal pile 
runoff shall submit monitoring results annually no later than the 28th 
day of [insert month following permit finalization].

VII. Standard Permit Conditions

A. Duty to Comply

    1. Permittee's Duty to Comply. The permittee must comply with all 
conditions of this permit. Any permit noncompliance constitutes a 
violation of the Clean Water Act (CWA) and is grounds for enforcement 
action; for permit termination, revocation and reissuance, or 
modification; or for denial of a permit renewal application.
    2. Penalties for Violations of Permit Conditions.
    a. Criminal.
    (1) Negligent Violations. The CWA provides that any person who 
negligently violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less 
than $2,500 nor more than $25,000 per day of violation, or by 
imprisonment for not more than 1 year, or both.
    (2) Knowing Violations. The CWA provides that any person who 
knowingly violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less 
than $5,000 nor more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or both.
    (3) Knowing Endangerment. The CWA provides that any person who 

[[Page 51120]]
    knowingly violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act and who knows at that time that 
he is placing another person in imminent danger of death or serious 
bodily injury is subject to a fine of not more than $250,000, or by 
imprisonment for not more than 15 years, or both.
    (4) False Statement. The CWA provides that any person who knowingly 
makes any false material statement, representation, or certification in 
any application, record, report, plan, or other document filed or 
required to be maintained under the Act or who knowingly falsifies, 
tampers with, or renders inaccurate, any monitoring device or method 
required to be maintained under the Act, shall upon conviction, be 
punished by a fine of not more than $10,000 or by imprisonment for not 
more than 2 years, or by both. If a conviction is for a violation 
committed after a first conviction of such person under this paragraph, 
punishment shall be by a fine of not more than $20,000 per day of 
violation, or by imprisonment of not more than 4 years, or by both. 
(See Section 309(c)(4) of the Clean Water Act).
    b. Civil Penalties. The CWA provides that any person who violates a 
permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 
405 of the Act is subject to a civil penalty not to exceed $25,000 per 
day for each violation.
    c. Administrative Penalties. The CWA provides that any person who 
violates a permit condition implementing Sections 301, 302, 306, 307, 
308, 318, or 405 of the Act is subject to an administrative penalty, as 
follows:
    (1) Class I Penalty. Not to exceed $10,000 per violation nor shall 
the maximum amount exceed $25,000.
    (1) Class II Penalty. Not to exceed $10,000 per day for each day 
during which the violation continues nor shall the maximum amount 
exceed $125,000.

B. Continuation of the Expired General Permit

    This permit expires on [insert date 5 years after permit 
finalization]. However, an expired general permit continues in force 
and effect until a new general permit is issued. Permittees that 
choose, or are required, to obtain an individual permit must submit an 
application (Forms 1 and 2F and any other applicable forms) 180 days 
prior to expiration of this permit. Permittees that are eligible and 
choose to be covered by a new general permit must submit an NOI by the 
date specified in that permit.

C. Need to Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
permit.

D. Duty to Mitigate

    The permittee shall take all reasonable steps to minimize or 
prevent any discharge in violation of this permit that has a reasonable 
likelihood of adversely affecting human health or the environment.

E. Duty to Provide Information

    The permittee shall furnish to the Director, within a time 
specified by the Director, any information that the Director may 
request to determine compliance with this permit. The permittee shall 
also furnish to the Director upon request, copies of records required 
to be kept by this permit.

F. Other Information

    When the permittee becomes aware that he or she failed to submit 
any relevant facts or submitted incorrect information in the NOI or in 
any other report to the Director, he or she shall promptly submit such 
facts or information.

G. Signatory Requirements

    All Notices of Intent, Notices of Termination, storm water 
pollution prevention plans, reports, certifications or information 
either submitted to the Director (and/or the operator of a large or 
medium municipal separate storm sewer system), or that this permit 
requires be maintained by the permittee, shall be signed.
    1. Signature. All reports required by the permit and other 
information requested by the Director shall be signed as follows:
    a. For a corporation: by a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means: (1) a 
president, secretary, treasurer, or vice-president of the corporation 
in charge of a principal business function, or any other person who 
performs similar policy or decision-making functions for the 
corporation; or (2) the manager of one or more manufacturing, 
production or operating facilities employing more than 250 persons or 
having gross annual sales or expenditures exceeding $25,000,000 (in 
second-quarter 1980 dollars) if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate 
procedures;
    b. For a partnership or sole proprietorship: by a general partner 
or the proprietor, respectively; or
    c. For a municipality, State, Federal, or other public facility: by 
either a principal executive officer or ranking elected official. For 
purposes of this section, a principal executive officer of a Federal 
agency includes (1) the chief executive officer of the agency, or (2) a 
senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    2. Authorized Representative. All reports required by the permit 
and other information requested by the Director shall be signed by a 
person described in Section VII.G.1. above or be signed by a duly 
authorized representative of that person. A person is a duly authorized 
representative only if:
    a. The authorization is made in writing by a person described above 
and submitted to the Director.
    b. The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of manager, operator, 
superintendent, or position of equivalent responsibility or an 
individual or position having overall responsibility for environmental 
matters for the company. (A duly authorized representative may thus be 
either a named individual or any individual occupying a named 
position).
    c. Changes to Authorization. If an authorization under paragraph 
VII.G.2. is no longer accurate because a different individual or 
position has responsibility for the overall operation of the facility, 
a new NOI satisfying the requirements of paragraph II.B. (Contents of 
NOI) must be submitted to the Director prior to or together with any 
reports, information, or applications to be signed by an authorized 
representative.
    d. Certification. Any person signing documents under this section 
shall make the following certification:

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

[[Page 51121]]


H. Penalties for Falsification of Reports

    Section 309(c)(4) of the Clean Water Act provides that any person 
who knowingly makes any false material statement, representation, or 
certification in any record or other document submitted or required to 
be maintained under this permit, including reports of compliance or 
noncompliance shall, upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 years, or by both.

I. Penalties for Falsification of Monitoring Systems

    The CWA provides that any person who falsifies, tampers with, or 
knowingly renders inaccurate any monitoring device or method required 
to be maintained under this permit shall, upon conviction, be punished 
by fines and imprisonment described in Section 309 of the CWA.

J. Oil and Hazardous Substance Liability

    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties to which the permittee is 
or may be subject under Section 311 of the CWA or Section 106 of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA).

K. Property Rights

    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges, nor does it authorize any 
injury to private property nor any invasion of personal rights, nor any 
infringement of Federal, State, or local laws or regulations.

L. Severability

    The provisions of this permit are severable, and if any provision 
of this permit, or the application of any provision of this permit to 
any circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit shall not be 
affected thereby.

M. Requiring an Individual Permit or an Alternative General Permit

    1. Director Designation. The Director may require any person 
authorized by this permit to apply for and/or obtain either an 
individual NPDES permit or an alternative NPDES general permit. Any 
interested person may petition the Director to take action under this 
paragraph. The Director may require any owner or operator authorized to 
discharge under this permit to apply for an individual NPDES permit 
only if the owner or operator has been notified in writing that a 
permit application is required. This notice shall include a brief 
statement of the reasons for this decision, an application form, a 
statement setting a deadline for the owner or operator to file the 
application, and a statement that on the effective date of issuance or 
denial of the individual NPDES permit or the alternative general permit 
as it applies to the individual permittee, coverage under this general 
permit shall automatically terminate. Individual permit applications 
shall be submitted to the address of the appropriate Regional Office 
shown in Part VI.B. (Reporting: Where to Submit) of this permit. The 
Director may grant additional time to submit the application upon 
request of the applicant. If an owner or operator fails to submit in a 
timely manner an individual NPDES permit application as required by the 
Director, then the applicability of this permit to the individual NPDES 
permittee is automatically terminated at the end of the day specified 
for application submittal.
    2. Individual Permit Application. Any owner or operator authorized 
by this permit may request to be excluded from the coverage of this 
permit by applying for an individual permit. The owner or operator 
shall submit an individual application (Form 1 and Form 2F) with 
reasons supporting the request to the Director. Individual permit 
applications shall be submitted to the address of the appropriate 
Regional Office shown in Part VI.B. of this permit. The request may be 
granted by the issuance of any individual permit or an alternative 
general permit if the reasons cited by the owner or operator are 
adequate to support the request.
    3. Individual/Alternative General Permit Issuance. When an 
individual NPDES permit is issued to an owner or operator otherwise 
subject to this permit, or the owner or operator is authorized for 
coverage under an alternative NPDES general permit, the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated on the effective date of the individual permit or the date 
of authorization of coverage under the alternative general permit, 
whichever the case may be. When an individual NPDES permit is denied to 
an owner or operator otherwise subject to this permit, or the owner or 
operator is denied for coverage under an alternative NPDES general 
permit, the applicability of this permit to the individual NPDES 
permittee is automatically terminated on the date of such denial, 
unless otherwise specified by the Director.

N. State/Environmental Laws

    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable State law or regulation under authority preserved by Section 
510 of the Act.
    No condition of this permit shall release the permittee from any 
responsibility or requirements under other environmental statutes or 
regulations.

O. Proper Operation and Maintenance

    The permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) that are installed or used by the permittee to achieve 
compliance with the conditions of this permit and with the requirements 
of storm water pollution prevention plans. Proper operation and 
maintenance also includes adequate laboratory controls and appropriate 
quality assurance procedures. Proper operation and maintenance requires 
the operation of backup or auxiliary facilities or similar systems, 
installed by a permittee only when necessary to achieve compliance with 
the conditions of the permit.

P. Monitoring and Records

    1. Representative Samples/Measurements. Samples and measurements 
taken for the purpose of monitoring shall be representative of the 
monitored activity.
    2. Retention of Records.
    a. The permittee shall retain records of all monitoring 
information, copies of all reports required by this permit, and records 
of all data used to complete the application of this permit for a 
period of at least three (3) years from the date of sample, 
measurement, evaluation or inspection, report, or application. This 
period may be extended by request of the Director at any time. 
Permittees must submit any such records to the Director upon request.
    b. The permittee shall retain the pollution prevention plan 
developed in accordance with Parts IV. and XI. of this permit until a 
date 3 years after the last modification or amendment is made to the 
plan, and at least 1 year after coverage under this permit terminates.
    3. Records Contents. Records of monitoring information shall 
include:
    a. The date, exact place, and time of sampling or measurements;

[[Page 51122]]

    b. The initials or name(s) of the individual(s) who performed the 
sampling or measurements;
    c. The date(s) analyses were performed;
    d. The time(s) analyses were initiated;
    e. The initials or name(s) of the individual(s) who performed the 
analyses;
    f. References and written procedures, when available, for the 
analytical techniques or methods used; and
    g. The results of such analyses, including the bench sheets, 
instrument readouts, computer disks or tapes, etc., used to determine 
these results.
    4. Approved Monitoring Methods. Monitoring must be conducted 
according to test procedures approved under 40 CFR Part 136, unless 
other test procedures have been specified in this permit.

Q. Inspection and Entry

    The permittee shall allow the Director or an authorized 
representative of EPA, the State environmental agency, or, in the case 
of a facility that discharges through a municipal separate storm sewer, 
an authorized representative of the municipal operator or the separate 
storm sewer receiving the discharge, upon the presentation of 
credentials and other documents as may be required by law, to: enter 
upon the permittee's premises where a regulated facility or activity is 
located or conducted or where records must be kept under the conditions 
of this permit; have access to and copy at reasonable times, any 
records that must be kept under the conditions of this permit; and 
inspect at reasonable times any facilities or equipment (including 
monitoring and control equipment).

R. Permit Actions

    This permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by the permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.

S. Bypass of Treatment Facility

    1. Notice.
    a. Anticipated Bypass. If a permittee subject to the numeric 
effluent limitations of Parts V. and XI. of this permit knows in 
advance of the need for a bypass, he or she shall submit prior notice, 
if possible, at least 10 days before the date of the bypass; including 
an evaluation of the anticipated quality and effect of the bypass.
    b. Unanticipated Bypass. The permittee subject to the numeric 
effluent limitations of Parts V. and XI. of this permit shall submit 
notice of an unanticipated bypass. Any information regarding the 
unanticipated bypass shall be provided orally within 24 hours from the 
time the permittee became aware of the circumstances. A written 
submission shall also be provided within 5 days of the time the 
permittee became aware of the circumstances. The written submission 
shall contain a description of the bypass and its cause; the period of 
the bypass; including exact dates and times, and if the bypass has not 
been corrected, the anticipated time it is expected to continue; and 
steps taken or planned to reduce, eliminate, and prevent reoccurrence 
of the bypass.
    2. Prohibition of Bypass.
    a. Bypass is prohibited and the Director may take enforcement 
action against a permittee for a bypass. Unless:
    (1) The bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (2) There were no feasible alternatives to the bypass, such as the 
use of auxiliary facilities, retention of untreated wastes, or 
maintenance during normal periods of equipment downtime. This condition 
is not satisfied if the permittee should, in the exercise of reasonable 
engineering judgement, have installed adequate backup equipment to 
prevent a bypass that occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (3) The permittee submitted notices of the bypass.
    b. The Director may approve an anticipated bypass after considering 
its adverse effects, if the Director determines that it will meet the 
three conditions listed in Part VII.S.2.a.

T. Upset Conditions

    1. Affirmative Defense. An upset constitutes an affirmative defense 
to an action brought for noncompliance with technology-based numeric 
effluent limitations in Parts V. and XI. of this permit if the 
requirements of paragraph 2 below are met. No determination made during 
administrative review of claims that noncompliance was caused by upset, 
and before an action for noncompliance, is final administrative action 
subject to judicial review.
    2. Required Defense. A permittee who wishes to establish the 
affirmative defense of an upset shall demonstrate, through properly 
signed, contemporaneous operating logs, or other relevant evidence, 
that:
    a. An upset occurred and that the permittee can identify the 
specific cause(s) of the upset:
    b. The permitted facility was at the time being properly operated; 
and
    c. The permittee provided oral notice of the upset to EPA within 24 
hours from the time the permittee became aware of the circumstances. A 
written submission shall also be provided within 5 days of the time the 
permittee became aware of the circumstances. The written submission 
shall contain a description of the upset and its cause; the period of 
the upset; including exact dates and times, and if the upset has not 
been corrected, the anticipated time it is expected to continue; and 
steps taken or planned to reduce, eliminate, and prevent reoccurrence 
of the upset.
    3. Burden of Proof. In any enforcement proceeding the permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.

VIII. Reopener Clause

A. Potential or Realized Impacts on Water Quality

    If there is evidence indicating potential or realized impacts on 
water quality or on a listed endangered species due to any storm water 
discharge associated with industrial activity covered by this permit, 
the owner or operator of such discharge may be required to obtain an 
individual permit or an alternative general permit in accordance with 
Part VII.M. (Requiring an Individual Permit or an Alternative General 
Permit) of this permit or the permit may be modified to include 
different limitations and/or requirements.

B. Applicable Regulations

    Permit modification or revocation will be conducted according to 40 
CFR 122.62, 122.63, 122.64, and 124.5.

IX. Termination of Coverage

A. Notice of Termination

    Where all storm water discharges associated with industrial 
activity that are authorized by this permit are eliminated, or where 
the operator of storm water discharges associated with industrial 
activity at a facility changes, the operator of the facility may submit 
a Notice of Termination that is signed in accordance with Part VII.G. 
(Signatory Requirements) of this permit. The Notice of Termination 
shall include the following information:
    1. Facility Information. Name, mailing address, and location of the 
facility for which the notification is submitted.Describe the location 
of the approximate center of the site in terms of the latitude and 
longitude to the nearest 15 seconds, or the section, 

[[Page 51123]]
township and range to the nearest quarter section;
    2. Operator Information. The name, address, and telephone number of 
the operator addressed by the Notice of Termination;
    3. Permit Number. The NPDES permit number for the storm water 
discharge associated with industrial activity identified by the Notice 
of Termination;
    4. Reason for Termination. An indication of whether the storm water 
discharges associated with industrial activity have been eliminated or 
the operator of the discharges has changed; and
    5. Certification. The following certification signed in accordance 
with Part VII.G. (Signatory Requirements) of this permit:

    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, that 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.

B. Addresses

     All Notices of Termination are to be sent, using the form provided 
by the Director (or a photocopy thereof), 2 to the Director of the 
NPDES program at the following address: Storm Water Notice of 
Termination (4203), 401 M Street, S.W., Washington, D.C. 20460.

    \2\ A copy of the approved NOT form is provided in Addendum C of 
this notice.
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X. Definitions

    Best Management Practices (``BMPs'') means schedules of activities, 
prohibitions of practices, maintenance procedures, and other management 
practices to prevent or reduce the pollution of waters of the United 
States. BMPs also include treatment requirements, operating procedures, 
and practices to control facility site runoff, spillage or leaks, 
sludge or waste disposal, or drainage from raw material storage.
    Bypass means the intentional diversion of waste streams from any 
portion of a treatment facility.
    Coal pile runoff means the rainfall runoff from or through any coal 
storage pile
    Co-located industrial activity means when a facility has industrial 
activities being conducted onsite that are described under more than 
one of the coverage sections of Part XI in this permit (Discharges 
Covered Under This Section). Facilities with co-located industrial 
activities shall comply with all applicable monitoring and pollution 
prevention plan requirements of each section in which a co-located 
industrial activity is described.
    CWA means Clean Water Act (formerly referred to as the Federal 
Water Pollution Control Act or Federal Water Pollution Control Act 
Amendments of 1972).
    Commercial Treatment and Disposal Facilities means facilities that 
receive, on a commercial basis, any produced hazardous waste (not their 
own) and treat or dispose of those wastes as a service to the 
generators. Such facilities treating and/or disposing exclusively 
residential hazardous wastes are not included in this definition.
    Director means the Regional Administrator or an authorized 
representative.
    Flow-weighted composite sample means a composite sample consisting 
of a mixture of aliquots collected at a constant time interval, where 
the volume of each aliquot is proportional to the flow rate of the 
discharge.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile.
    Land application unit means an area where wastes are applied onto 
or incorporated into the soil surface (excluding manure spreading 
operations) for treatment or disposal.
    Large and medium municipal separate storm sewer system means all 
municipal separate storm sewers that are either:
    (i) located in an incorporated place (city) with a population of 
100,000 or more as determined by the latest Decennial Census by the 
Bureau of Census (these cities are listed in Appendices F and G of 40 
CFR Part 122); or
    (ii) located in the counties with unincorporated urbanized 
populations of 100,000 or more, except municipal separate storm sewers 
that are located in the incorporated places, townships or towns within 
such counties (these counties are listed in Appendices H and I of 40 
CFR Part 122); or
    (iii) owned or operated by a municipality other than those 
described in paragraph (i) or (ii) and that are designated by the 
Director as part of the large or medium municipal separate storm sewer 
system.
    NOT means notice of termination (see Part IX.A. of this permit.)
    Point source means any discernible, confined, and discrete 
conveyance, including but not limited to, any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, landfill leachate collection 
system, vessel or other floating craft from which pollutants are or may 
be discharged. This term does not include return flows from irrigated 
agriculture or agricultural storm water runoff.
    Section 313 water priority chemical means a chemical or chemical 
categories that: (1) Are listed at 40 CFR 372.65 pursuant to Section 
313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) 
(also known as Title III of the Superfund Amendments and 
Reauthorization Act (SARA) of 1986); (2) are present 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 water quality criteria. See Addendum A of 
this permit. This addendum was revised based on final rulemaking EPA 
published in the Federal Register November 30, 1994.
    Significant materials includes, but is not limited to: raw 
materials; fuels; materials such as solvents, detergents, and plastic 
pellets; finished materials such as metallic products; raw materials 
used in food processing or production; hazardous substances designated 
under Section 101(14) of CERCLA; any chemical the facility is required 
to report pursuant to EPCRA Section 313; fertilizers; pesticides; and 
waste products such as ashes, slag and sludge that have the potential 
to be released with storm water discharges.
    Significant spills includes, but is not limited to: releases of oil 
or hazardous substances in excess of reportable quantities under 
Section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) 
or Section 102 of CERCLA (see 40 CFR 302.4).
    Storm water means storm water runoff, snow melt runoff, and surface 
runoff and drainage.

[[Page 51124]]

    Storm water associated with industrial activity means the discharge 
from any conveyance that is used for collecting and conveying storm 
water and that is directly related to manufacturing, processing or raw 
materials storage areas at an industrial plant. The term does not 
include discharges from facilities or activities excluded from the 
NPDES program. For the categories of industries identified in 
paragraphs (i) through (x) of this definition, the term includes, but 
is not limited to, storm water discharges from industrial plant yards; 
immediate access roads and rail lines used or traveled by carriers of 
raw materials, manufactured products, waste material, or by-products 
used or created by the facility; material handling sites; refuse sites; 
sites used for the application or disposal of process waste waters (as 
defined at 40 CFR Part 401); sites used for the storage and maintenance 
of material handling equipment; sites used for residual treatment, 
storage, or disposal; shipping and receiving areas; manufacturing 
buildings; storage areas (including tank farms) for raw materials, and 
intermediate and finished products; and areas where industrial activity 
has taken place in the past and significant materials remain and are 
exposed to storm water. For the categories of industries identified in 
paragraph (xi) of this definition, the term includes only storm water 
discharges from all areas (except access roads and rail lines) listed 
in the previous sentence where material handling equipment or 
activities, raw materials, intermediate products, final products, waste 
materials, by-products, or industrial machinery are exposed to storm 
water. For the purposes of this paragraph, material handling activities 
include the storage, loading and unloading, transportation, or 
conveyance of any raw material, intermediate product, finished product, 
by-product or waste product. The term excludes areas located on plant 
lands separate from the plant's industrial activities, such as office 
buildings and accompanying parking lots as long as the drainage from 
the excluded areas is not mixed with storm water drained from the above 
described areas. Industrial facilities (including industrial facilities 
that are Federally, State, or municipally owned or operated that meet 
the description of the facilities listed in paragraphs (i) to (xi) of 
this definition) include those facilities designated under 
122.26(a)(1)(v). The following categories of facilities are considered 
to be engaging in ``industrial activity'' for purposes of this 
subsection:
    (i) Facilities subject to storm water effluent limitations 
guidelines, new source performance standards, or toxic pollutant 
effluent standards under 40 CFR Subchapter N (except facilities with 
toxic pollutant effluent standards that are exempted under category 
(xi) of this definition);
    (ii) Facilities classified as Standard Industrial Classifications 
24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 
311, 32 (except 323), 33, 3441, 373;
    (iii) Facilities classified as Standard Industrial Classifications 
10 through 14 (mineral industry) including active or inactive mining 
operations (except for areas of coal mining operations no longer 
meeting the definition of a reclamation area under 40 CFR 434.11(l) 
because the performance bond issued to the facility by the appropriate 
SMCRA authority has been released, or except for areas of noncoal 
mining operations that have been released from applicable State or 
Federal reclamation requirements after December 17, 1990) and oil and 
gas exploration, production, processing, or treatment operations, or 
transmission facilities that discharge storm water contaminated by 
contact with or that has come into contact with, any overburden, raw 
material, intermediate products, finished products, byproducts or waste 
products located on the site of such operations; inactive mining 
operations are mining sites that are not being actively mined, but that 
have an identifiable owner/operator;
    (iv) Hazardous waste treatment, storage, or disposal facilities, 
including those that are operating under interim status or a permit 
under Subtitle C of RCRA;
    (v) Landfills, land application sites, and open dumps that have 
received any industrial wastes (waste that is received from any of the 
facilities described under this subsection) including those that are 
subject to regulation under Subtitle D of RCRA;
    (vi) Facilities involved in the recycling of materials, including 
metal scrapyards, battery reclaimers, salvage yards, and automobile 
junkyards, including but limited to those classified as Standard 
Industrial Classification 5015 and 5093;
    (vii) Steam electric power generating facilities, including coal 
handling sites;
    (viii) Transportation facilities classified as Standard Industrial 
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45 and 5171 that 
have vehicle maintenance shops, equipment cleaning operations, or 
airport deicing operations. Only those portions of the facility that 
are either involved in vehicle maintenance (including vehicle 
rehabilitation, mechanical repairs, painting, fueling, and 
lubrication), equipment cleaning operations, airport deicing 
operations, or that are otherwise identified under paragraphs (i) to 
(vii) or (ix) to (xi) of this subsection are associated with industrial 
activity;
    (ix) Treatment works treating domestic sewage or any other sewage 
sludge or wastewater treatment device or system, used in the storage 
treatment, recycling, and reclamation of municipal or domestic sewage, 
including land dedicated to the disposal of sewage sludge that are 
located within the confines of the facility, with a design flow of 1.0 
mgd or more, or required to have an approved pretreatment program under 
40 CFR Part 403. Not included are farm lands, domestic gardens or lands 
used for sludge management where sludge is beneficially reused and that 
are not physically located in the confines of the facility, or areas 
that are in compliance with 40 CFR Part 503;
    (x) Construction activity including clearing, grading and 
excavation activities except: operations that result in the disturbance 
of less than 5 acres of total land area that are not part of a larger 
common plan of development or sale;
    (xi) Facilities under Standard Industrial Classifications 20, 21, 
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and that are 
not otherwise included within categories (i) to (x)).3

    \3\ On June 4, 1992, the United States Court of Appeals for the 
Ninth Circuit remanded the exclusion for manufacturing facilities in 
category (xi) that do not have materials or activities exposed to 
storm water to the EPA for further rulemaking. (Nos. 90-70671 and 
91-70200.)
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    Time-weighted composite means a composite sample consisting of a 
mixture of equal volume aliquots collected at a constant time interval.
    Upset means an exceptional incident in which there is unintentional 
and temporary noncompliance with the numeric effluent limitations of 
Parts V. and XI. of this permit because of factors beyond the 
reasonable control of the permittee. An upset does not include 
noncompliance to the extent caused by operational error, improperly 
designed treatment facilities, inadequate treatment facilities, lack of 
preventive maintenance, or careless or improper operation.
    Waste pile means any noncontainerized accumulation of solid, 
nonflowing waste that is used for treatment or storage.
    Waters of the United States means:

[[Page 51125]]

    a. All waters that are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters that are subject to the ebb and flow of the tide;
    b. All interstate waters, including interstate wetlands;
    c. All other waters such as interstate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, wetlands, 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    1. That are or could be used by interstate or foreign travelers for 
recreational or other purposes;
    2. From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or
    3. That are used or could be used for industrial purposes by 
industries in interstate commerce;
    d. All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    e. Tributaries of waters identified in paragraphs (a) through (d) 
of this definition;
    f. The territorial sea; and
    g. Wetlands adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraphs (a) through (f) of this 
definition.
    (Waste treatment systems, including treatment ponds or lagoons 
designed to meet the requirements of CWA are not waters of the United 
States.)

Specific Requirements for Industrial Activities

A. Storm Water Discharges Associated With Industrial Activity From 
Timber Products Facilities

    1. Discharges Covered Under This Section. The requirements listed 
under this section shall apply to storm water discharges from the 
following activities: establishments [generally classified under 
Standard Industrial Classification (SIC) Major Group 24] that are 
engaged in cutting timber and pulpwood, merchant sawmills, lath mills, 
shingle mills, cooperage stock mills, planing mills, and plywood and 
veneer mills engaged in producing lumber and wood basic materials; and 
establishments engaged in wood preserving or in manufacturing finished 
articles made entirely of wood or related materials, except for wood 
kitchen cabinet manufacturers (SIC Code 2434), which are addressed 
under Part XI.W. of this permit.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    2. Special Conditions.
    a. Prohibition of Non-storm Water Discharges.
    (1) Discharges of boiler blowdown and water treatment wastewaters, 
noncontact and contact cooling waters, wash down waters from treatment 
equipment, and storm water that has come in contact with areas where 
spraying of chemical formulations designed to provide surface 
protection, to waters of the United States, or through municipal 
separate storm sewer systems are not authorized by this permit. The 
operators of such discharges must obtain coverage under a separate 
NPDES discharge permit.
    (2) In addition to the discharges described in part III.A.2., the 
following non-storm water discharges may be authorized by this permit 
provided the non-storm water component of the discharge is in 
compliance with paragraph XI.A.3.a.(3)(g)(i) (Measures and Controls for 
Non-storm Water Discharges): discharges from the spray down of lumber 
and wood product storage yards where no chemical additives are used in 
the spray down waters and no chemicals are applied to the wood during 
storage.
    3. Storm Water Pollution Prevention Plan Requirements.
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating the location of outfalls covered by the 
permit, the types of discharges contained in the drainage areas of the 
outfalls, an outline of the portions of the drainage area of each storm 
water outfall that are within the facility boundaries, each existing 
structural control measure to reduce pollutants in storm water runoff, 
surface water bodies, locations where significant materials are exposed 
to precipitation, locations where major spills or leaks identified 
under Part XI.A.3.a.(2)(c) (Spills and Leaks) of this permit have 
occurred, and the locations of the following activities where such 
activities are exposed to precipitation: fueling stations; vehicle and 
equipment maintenance and/or cleaning areas; loading/unloading areas; 
material handling areas; locations used for the treatment, storage, or 
disposal of wastes; liquid storage tanks; processing areas; treatment 
chemical storage areas; treated wood and residue storage areas; wet 
decking areas; dry decking areas; untreated wood and residue storage 
areas; and treatment equipment storage areas.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemicals; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative 

[[Page 51126]]
description of significant materials that have been handled, treated, 
stored or disposed in a manner to allow exposure to storm water between 
the time of 3 years prior to the date of submission of a Notice of 
Intent (NOI) to be covered under this permit and the present; method 
and location of onsite storage or disposal; materials management 
practices employed to minimize contact of materials with storm water 
runoff between the time of 3 years prior to the date of the submission 
of a Notice of Intent (NOI) to be covered under this permit and the 
present; the location and a description of existing structural and 
nonstructural control measures to reduce pollutants in storm water 
runoff; and a description of any treatment the storm water receives. 
The inventory of exposed materials shall include, but shall not be 
limited to the significant materials stored exposed to storm water and 
material management practices employed that were listed for the 
facility in the approved group application. Where information is 
available, facilities that have used chlorophenolic, creosote, or 
chromium-copper-arsenic formulations for wood surface protection or 
wood preserving activities onsite in the past should identify in the 
inventory the following: areas where contaminated soils, treatment 
equipment, and stored materials still remain and management practices 
employed to minimize the contact of these materials with storm water 
runoff.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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 description shall specifically 
list any significant potential source of pollutants at the site and for 
each potential source, any specific pollutant or pollutant parameter 
(e.g., total suspended solids, biochemical oxygen demand, chemical 
oxygen demand, oil and grease, arsenic, copper, chromium, 
pentachlorophenol, other specific metals, toxicity, etc.) of concern 
shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water best management practices 
(BMPs) and controls appropriate for the facility and implement such 
controls. The appropriateness of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following areas of the site: log, lumber and other wood product storage 
areas; residue storage areas, loading and unloading areas; material 
handling areas; chemical storage areas; and equipment/vehicle 
maintenance, storage and repair areas. Facilities that surface protect 
and/or preserve wood products should address specific BMPs for wood 
surface protection and preserving activities. The pollution prevention 
plan should address the following minimum components, including a 
schedule for implementing such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner. Good housekeeping measures in storage areas, 
loading and unloading areas, and material handling areas should be 
designed to: 1) limit the discharge of wood debris; 2) minimize the 
leachate generated from decaying wood materials; and 3) minimize the 
generation of dust.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems. Periodic removal of debris 
from ditches, swales, diversions, containment basins, sediment ponds 
and infiltration measures should be performed to limit discharges of 
solids and to maintain the effectiveness of the controls.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a cleanup should be available to 
personnel. Response schedules should be developed to limit tracking of 
spilled materials to other areas of the site. Leaks or spills of wood 
surface protection or preservation chemicals shall be cleaned up 
immediately in accordance with applicable RCRA regulations at 40 CFR 
Part 264 and 40 CFR Part 265.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.A.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility at appropriate intervals specified 
in the plan. Operators of facilities are required to conduct quarterly 
visual inspections of BMPs. The inspections shall include: 1) an 
assessment of the integrity of storm water discharge diversions, 
conveyance systems, sediment control and collection systems, and 
containment structures; 2) visual inspection of sediment and erosion 
BMPs to determine if soil erosion has occurred; and 3) visual 
inspections of storage areas and other potential sources of pollution 
for evidence of actual or potential pollutant discharges of 
contaminated storm water.
    Material handling, and unloading and loading areas should be 
inspected daily whenever industrial activities occur in those areas. If 
no activities are occurring, no inspection is required.
    Inspections at processing areas, transport areas, and treated wood 
storage areas of facilities performing wood surface protection and 
preservation activities should be performed monthly to assess the 
usefulness of practices in minimizing drippage of treatment chemicals 
on unprotected soils and in areas that will come in contact with storm 
water discharges.
    A set of tracking or follow-up procedures shall be used to ensure 
that appropriate actions are taken in response to the inspections. 
Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management 

[[Page 51127]]
at all levels of responsibility of the components and goals of the 
storm water pollution prevention plan. Training should address topics 
such as spill response, good housekeeping and material management 
practices. The pollution prevention plan shall identify periodic dates 
for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph XI.A.3.a.(3)(g)(iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [Insert date of permit 
issuance], 180 days after submitting an NOI to be covered by this 
permit. If the failure to certify is caused by the inability to perform 
adequate tests or evaluations, such notification shall describe: the 
procedure of any test conducted for the presence of non-storm water 
discharges; the results of such test or other relevant observations; 
potential sources of non-storm water discharges to the storm sewer; and 
why adequate tests for such storm sewers were not feasible. Non-storm 
water discharges to waters of the United States that are not authorized 
by an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion. 
When developing the plan, the following areas of the site should be 
considered: loading and unloading areas, access roads, material 
handling areas, storage areas, and any other areas where heavy 
equipment and vehicle use is prevalent. The following erosion and 
sediment controls shall be considered to minimize the discharge of 
sediments from the site: stabilization measures such as seeding, 
mulching, contouring, porous pavement, paving and sodding or its 
equivalent and structural measures such as sediment traps and silt 
fences or other equivalent measures.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those that control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.A.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures may include: vegetative 
swales and practices, reuse of collected storm water (such as for a 
process or as an irrigation source), inlet controls (such as oil/water 
separators), snow management activities, infiltration devices, and wet 
detention/retention devices or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Personnel 
knowledgeable about storm water management as it relates to the 
facility shall conduct site compliance evaluations at appropriate 
intervals specified in the plan, but in no case less than once a year. 
Such evaluations shall include the following:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity such as loading/unloading areas, material handling 
areas, locations used for the treatment, storage or disposal of wastes, 
liquid storage tanks, processing areas, treatment chemical storage 
areas, treated wood and residue storage areas, wet decking areas, dry 
decking areas, untreated wood and residue storage areas, and treatment 
equipment storage areas shall be visually inspected for evidence of, or 
the potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.A.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.A.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.A.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the 

[[Page 51128]]
storm water pollution prevention plan for at least 3 years from the 
date of the evaluation. The report shall identify any incidents of 
noncompliance. Where a report does not identify any incidents of 
noncompliance, the report shall contain a certification that the 
facility is in compliance with the storm water pollution prevention 
plan and this permit. The report shall be signed in accordance with 
Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
    4. Numeric Effluent Limitations. There are no additional numeric 
effluent limitations beyond those described in Part V.B. of this 
permit.
    5. Monitoring and Reporting Requirements.
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with timber product facilities must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Timber product facilities are required to monitor their storm water 
discharges for the pollutants of concern listed in the appropriate 
table (Tables A-1, A-2, A-3 or A-4). Facilities must report in 
accordance with 5.b. (Reporting). In addition to the parameters listed 
in Tables A-1, A-2, A-3 and A-4 below, the permittee shall provide the 
date and duration (in hours) of the storm event(s) sampled; rainfall 
measurements or estimates (in inches) of the storm event that generated 
the sampled runoff; the duration between the storm event sampled and 
the end of the previous measurable (greater than 0.1 inch rainfall) 
storm event; and an estimate of the total volume (in gallons) of the 
discharge sampled.

  Table A-1.--Monitoring Requirements for General Sawmills and Planning 
                            Mills Facilities                            
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Chemical Oxygen Demand................................  120.0 mg/L      
Total Suspended Solids................................  100 mg/L        
Total Recoverable Zinc,...............................  0.065 mg/L      
------------------------------------------------------------------------


   Table A-2.--Monitoring Requirements for Wood Preserving Facilities   
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutant of concern                          off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Arsenic.............................  0.16854 mg/L    
Total Recoverable Copper..............................  0.0636 mg/L     
------------------------------------------------------------------------


     Table A-3.--Monitoring for Log Storage and Handling Facilities     
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutant of concern                          off      
                                                          concentration 
------------------------------------------------------------------------
Total Suspended Solids................................  100 mg/L        
------------------------------------------------------------------------


 Table A-4.--Monitoring Requirements for Hardwood Dimension and Flooring
  Mills; Special Products Sawmills, Not Elsewhere Classified; Millwork, 
Veneer, Plywood and Structural Wood; Wood Containers; Wood Buildings and
 Mobile Homes; Reconstituted Wood Products; and Wood Products Facilities
                        Not Elsewhere Classified                        
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Chemical Oxygen Demand................................  120 mg/L        
Total Suspended Solids................................  100 mg/L        
------------------------------------------------------------------------

    (1) Monitoring Periods. Facilities required to perform monitoring 
shall monitor samples collected during the sampling periods of: January 
through March, April through June, July through September, and October 
through December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next monitoring period and submit the 
data along with the data for the routine sample in that period. Adverse 
weather conditions that may prohibit the collection of samples include 
weather conditions that create dangerous or inaccessible conditions for 
personnel (such as local flooding, high winds, hurricane, tornadoes, 
electrical storms, etc.) or otherwise make the collection of a sample 
impracticable (drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table A-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived. 

[[Page 51129]]

    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    (b). Reporting. Permittees shall submit monitoring results for each 
outfall associated with industrial activity [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
reporting period beginning [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following March [insert the date 2 years after permit 
issuance]. Monitoring results [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the period beginning 
[insert date 3 years after permit issuance] lasting through [insert 
date 4 years after permit issuance] shall be submitted on Discharge 
Monitoring Report Form(s) postmarked no later than the 31st day of the 
following March. For each outfall, one signed Discharge Monitoring 
Report form must be submitted to the Director per storm event sampled. 
Signed copies of Discharge Monitoring Reports, or said certifications, 
shall be submitted to the Director of the NPDES program at the address 
of the appropriate Regional Office listed in Part VI.G. of the fact 
sheet to this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
facilities engaged in wood preservation and/or surface protection with 
at least one storm water discharge associated with industrial activity 
through a large or medium municipal separate storm sewer system 
(systems serving a population of 100,000 or more) must submit signed 
copies of discharge monitoring reports to the operator of the municipal 
separate storm sewer system in accordance with the dates provided in 
paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. All timber 
products facilities shall perform and document a visual examination of 
a storm water discharge associated with industrial activity from each 
outfall, except discharges exempted below. The examination(s) must be 
made at least once in each of the following three-month periods: 
January through March, April through June, July through September, and 
October through December. The examination shall be made during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examination shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an 

[[Page 51130]]
estimate of the runoff coefficient of the drainage area [e.g., low 
(under 40 percent), medium (40 to 65 percent), or high (above 65 
percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

B. Storm Water Discharges Associated With Industrial Activity From 
Paper And Allied Products Manufacturing Facilities

    1. Discharges Covered Under This Section. The requirements listed 
under this section shall apply to storm water discharges from the 
following activities: facilities engaged in the manufacture of pulps 
from wood and other cellulose fibers and from rags; the manufacture of 
paper and paperboard into converted products, such as paper coated off 
the paper machine, paper bags, paper boxes and envelopes; and 
establishments primarily engaged in manufacturing bags of plastic film 
and sheet. These facilities are commonly identified by Standard 
Industrial Classification (SIC) Major Group 26.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    2. Special Conditions.
    a. Prohibition of Non-storm Water Discharges. There are no 
additional requirements beyond those in Part III.A. of this permit.
    3. Storm Water Pollution Prevention Plan Requirements.
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.B.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes and wastewaters, locations used for the treatment, 
filtration, or storage of water supplies, liquid storage tanks, 
processing areas, and storage areas. The map must indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of submission of a Notice of Intent (NOI) 
to be covered under this permit and the present; method and location of 
onsite storage or disposal; materials management practices employed to 
minimize contact of materials with storm water runoff between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; the location and 
a description of existing structural and nonstructural control measures 
to reduce pollutants in storm water runoff; and a description of any 
treatment the storm water receives. The inventory of exposed materials 
shall include, but shall not be limited to the significant materials 
stored exposed to storm water and material management practices 
employed that were listed for the facility in the approved group 
application.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water 

[[Page 51131]]
discharges from the facility, including a summary of sampling data 
collected during the term of this permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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, and wastewater treatment activities to 
include sludge drying, storage, application or disposal activities. The 
description shall specifically list any significant potential source of 
pollutants at the site and for each potential source, any pollutant or 
pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner. The plan shall describe procedures performed to 
minimize contact of materials with storm water runoff. Examples include 
cleaning of lots and roofs that collect debris; routine cleaning of 
wastewater treatment, and other waste disposal (such as sludge 
handling) locations.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at 
appropriate intervals specified in the plan. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph (iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. of this permit that are 
combined with storm water discharges associated with industrial 
activity must be identified in the plan. The plan shall identify and 
ensure the implementation of appropriate pollution prevention measures 
for the non-storm water component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [Insert date of permit 
issuance], 270 days after submitting an NOI to be covered by this 
permit. If the failure to certify is caused by the inability to perform 
adequate tests or evaluations, such notification shall describe: the 
procedure of any test conducted for the presence of non-storm water 
discharges; the results of such test or other relevant observations; 
potential sources of non-storm water discharges to the storm sewer; and 
why adequate tests for such storm sewers were not feasible. Non-storm 
water discharges to waters of the United States that are not authorized 
by an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those that control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see Part XI.B.3.a.(2) 

[[Page 51132]]
of this permit (Description of Potential Pollutant Sources)] shall be 
considered when determining reasonable and appropriate measures. 
Appropriate measures may include: vegetative swales and practices; 
reuse of collected storm water (such as for a process or as an 
irrigation source); inlet controls (such as oil/water separators); snow 
management activities; infiltration devices, and wet detention/
retention devices; screens or fences used to protect dust and 
particulate collection activities from wind or to minimize the effects 
of wind on material loading and storage, and processing activities to 
eliminate or reduce windblown or airborne pollutants; secondary 
containment of storage areas such as berms and dikes; diversionary 
structures to direct storm water away from areas of potential 
contamination; and tarpaulins, roofs, or other coverings of outdoor 
storage or industrial activities or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity such as material storage, handling, and disposal 
activities shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures sediment and erosion control 
measures, and other structural pollution prevention measures identified 
in the plan shall be observed to ensure that they are operating 
correctly. A visual inspection of equipment needed to implement the 
plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.B.3.a.(2) of this permit (Description of Potential Pollutant 
Sources) and pollution prevention measures and controls identified in 
the plan in accordance with Part XI.B.3.a.(3) of this permit (Measures 
and Controls) shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph (4)(b) (above) of the permit shall be made and retained as 
part of the storm water pollution prevention plan for at least 3 years 
from the date of the evaluation. The report shall identify any 
incidents of noncompliance. Where a report does not identify any 
incidents of noncompliance, the report shall contain a certification 
that the facility is in compliance with the storm water pollution 
prevention plan and this permit. The report shall be signed in 
accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements.
    During the period beginning [insert date 1 year after permit 
issuance] lasting through [insert date 2 years after permit issuance] 
and the period beginning [insert date 3 years after permit issuance] 
lasting through [insert date 4 years after permit issuance], permittees 
with paperboard mills must monitor their storm water discharges 
associated with industrial activity at least quarterly (4 times per 
year) during years 2 and 4 except as provided in paragraphs 5.a.(3) 
(Sampling Waiver), 5.a.(4) (Representative Discharge), and 5.a.(5) 
(Alternative Certification). Paperboard mills are required to monitor 
their storm water discharges for the pollutant of concern listed in 
Table B-1 below. Facilities must report in accordance with 5.b. 
(Reporting). In addition to the parameters listed in Table B-1 below, 
the permittee shall provide the date and duration (in hours) of the 
storm event(s) sampled; rainfall measurements or estimates (in inches) 
of the storm event that generated the sampled runoff; the duration 
between the storm event sampled and the end of the previous measurable 
(greater than 0.1 inch rainfall) storm event; and an estimate of the 
total volume (in gallons) of the discharge sampled.

                   Table B-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Chemical Oxygen Demand................................  120 mg/L        
------------------------------------------------------------------------

    (1) Monitoring Periods. Paperboard mills shall monitor samples 
collected during the sampling periods of: January through March, April 
through June, July through September, and October through December for 
the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricanes, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).

[[Page 51133]]

    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table B-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with paperboard mills shall submit 
monitoring results for each outfall associated with industrial activity 
[or a certification in accordance with Sections (3), (4), or (5) above] 
obtained during the reporting period beginning [insert date 1 year 
after permit issuance] lasting through [insert date 2 years after 
permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March [insert the date 2 years 
after permit issuance]. Monitoring results [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
period beginning [insert date 3 years after permit issuance] lasting 
through [insert date 4 years after permit issuance] shall be submitted 
on Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the following March. For each outfall, one signed Discharge 
Monitoring Report Form must be submitted per storm event completed. 
Signed copies of Discharge Monitoring Reports, or said certifications, 
shall be submitted to the Director of the NPDES program at the address 
of the appropriate Regional Office listed in Part VI.G. of the fact 
sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
paperboard mills with at least one storm water discharge associated 
with industrial activity through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (1), below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (3) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse 

[[Page 51134]]
weather conditions that may prohibit the collection of samples include 
weather conditions that create dangerous conditions for personnel (such 
as local flooding, high winds, hurricanes, tornadoes, electrical 
storms, etc.) or otherwise make the collection of a sample 
impracticable (drought, extended frozen conditions, etc.).
    (4) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    (5) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (6) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.

C. Storm Water Discharges Associated With Industrial Activity From 
Chemical and Allied Products Manufacturing Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges associated with industrial activity from a facility 
engaged in manufacturing the following products and generally described 
by the SIC code shown:
    a. Basic industrial inorganic chemicals (including SIC 281).
    b. Plastic materials and synthetic resins, synthetic rubbers, and 
cellulosic and other humanmade fibers, except glass (including SIC 
282).
    c. Soap and other detergents and in producing glycerin from 
vegetable and animal fats and oils; specialty cleaning, polishing, and 
sanitation preparations; surface active preparations used as 
emulsifiers, wetting agents, and finishing agents, including sulfonated 
oils; and perfumes, cosmetics, and other toilet preparations (including 
SIC 284).
    d. Paints (in paste and ready-mixed form); varnishes; lacquers; 
enamels and shellac; putties, wood fillers, and sealers; paint and 
varnish removers; paint brush cleaners; and allied paint products 
(including SIC 285).
    e. Industrial organic chemicals (including SIC 286).
    f. Nitrogenous and phosphatic basic fertilizers, mixed fertilizer, 
pesticides, and other agricultural chemicals (including SIC 287).
    g. Industrial and household adhesives, glues, caulking compounds, 
sealants, and linoleum, tile, and rubber cements from vegetable, 
animal, or synthetic plastics materials; explosives; printing ink, 
including gravure ink, screen process ink, and lithographic; 
miscellaneous chemical preparations, such as fatty acids, essential 
oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing 
and stamp pad ink, industrial compounds, such as boiler and heat 
insulating compounds, metal, oil, and water treatment compounds, 
waterproofing compounds, and chemical supplies for foundries (including 
facilities with SIC 289).
    h. Ink and paints, including china painting enamels, india ink, 
drawing ink, platinum paints for burnt wood or leather work, paints for 
china painting, artists' paints and artists' water colors (SIC 3952, 
limited to those listed).
    i. Co-located Industrial Activities. When an industrial facility, 
described by the above coverage provisions of this section, has 
industrial activities being conducted onsite that meet the 
description(s) of industrial activities in another section(s), that 
industrial facility shall comply with any and all applicable monitoring 
and pollution prevention plan requirements of the other section(s) in 
addition to all applicable requirements in this section. The monitoring 
and pollution prevention plan terms and conditions of this multi-sector 
permit are additive for industrial activities being conducted at the 
same industrial facility (co-located industrial activities). The 
operator of the facility shall determine which other monitoring and 
pollution prevention plan section(s) of this permit (if any) are 
applicable to the facility.
2. Discharges Not Covered By This Section
    a. Storm water discharges from drug manufacturing facilities and 
other establishments classified as SIC Code 283.
3. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to those 
non-storm water discharges prohibited under section III.A.2, this 
section does not authorize the discharge of:
    (1) Inks, paints, or substances (hazardous, nonhazardous, etc.) 
resulting from an onsite spill, including materials collected in drip 
pans.
    (2) Washwaters from material handling and processing areas. This 
includes areas where containers, equipment, industrial machinery, and 
any significant materials are exposed to storm water.
    (3) Washwaters from drum, tank, or container rinsing and cleaning.
4. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team. The team will be 
responsible for developing the storm water pollution prevention plan 
and assisting the facility or plant manager in its implementation, 
maintenance, and revision. The plan shall clearly identify the 
responsibilities of each team member. The activities and 
responsibilities of the team shall address all aspects of the 
facility's plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources of pollutants to storm water 
discharges and sources of discharges of pollutants during dry weather. 
Each plan shall 

[[Page 51135]]
identify all activities and materials that may be pollutant sources. 
Each plan shall include, at a minimum:
    (a) Drainage and Site Plan--A site map shall be developed for the 
facility. This map shall include, at a minimum: the location of all 
structures (manufacturing buildings, garages, etc.), impervious areas, 
the location of each storm water outfall and/or connection to municipal 
storm sewer; types of discharges included in each discharge; an outline 
of the portions of the drainage area of each outfall within the 
facility boundaries and a prediction of the direction of flow in each 
area; each existing structural control measure to reduce pollutants in 
storm water runoff; surface water bodies; locations where materials are 
exposed to precipitation; and locations where major spills or leaks 
identified under Part XI.C.4.a.(2)(c) (below) of this permit have 
occurred. The map shall also indicate the locations of the following 
outdoor activities: fueling stations; vehicle and equipment maintenance 
and/or cleaning areas; loading/unloading areas; locations used for the 
treatment, storage or disposal of wastes; storage tanks and other 
containers; processing and storage areas; access roads, rail cars and 
tracks; the location of transfer of substances in bulk; and machinery.
    (b) Inventory of Exposed Materials and Management Practices--An 
inventory of the types of materials handled at the site that may be 
exposed to precipitation shall be collected. Such inventory shall 
include: a narrative description of materials that have been handled, 
treated, stored or disposed in a manner to allow exposure to storm 
water between the time of 3 years prior to the date of the submission 
of a Notice of Intent (NOI) to be covered under this permit and the 
present; method and location of onsite storage or disposal; materials 
management practices employed to minimize contact of materials with 
storm water runoff between the time of 3 years prior to the date of the 
submission of a Notice of Intent (NOI) to be covered under this permit 
and the present; the location and a description of existing structural 
and nonstructural control measures to reduce pollutants in storm water 
runoff; and a description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and leaks of 
material that occurred at areas that are exposed to precipitation or 
that otherwise drain to a storm water conveyance after the date of 3 
years prior to the date of submission of a Notice of Intent (NOI) to be 
covered under this permit. The list shall be updated as appropriate to 
include any significant spills and leaks during the term of the permit.
    (d) Sampling Data--A summary of existing storm water sampling data 
describing pollutants discharged from the facility, including a summary 
of sampling data collected during the term of this permit. In addition, 
the report of monitoring data that is submitted to EPA pursuant to Part 
VI. of this permit shall be maintained with the pollution prevention 
plan.
    (e) Risk Identification and Summary of Potential Pollutant Sources.
    (i) A narrative description of the potential pollutant sources from 
the following: loading, unloading, and transfer of chemicals; outdoor 
storage of salt, pallets, coal, drums, containers, fuels, or other 
materials; outdoor manufacturing or processing activities; significant 
dust or particulate generating processes; fueling stations; vehicle and 
equipment maintenance and/or cleaning areas; locations used for the 
treatment, storage or disposal (on or off site) of wastes and 
wastewaters; storage tanks and other containers; processing and storage 
areas; access roads, rail cars and tracks; the location of transfer of 
substances in bulk; and machinery.
    (ii) The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., chemical oxygen 
demand, etc.) of concern shall be identified.
    (iii) Factors to consider include: quantity of chemicals used, 
produced or discharged; the likelihood of contact with storm water; and 
history of significant leaks or spills. In addition, flows with a 
significant potential for causing erosion shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a reasonable schedule for 
implementing such controls:
    (a) Nonstructural Controls.
    (i) Good Housekeeping--Good housekeeping requires that areas that 
may contribute pollutants to storm water discharges are maintained in a 
clean, orderly manner. At a minimum, the permittee shall:
    (a) Schedule regular pickup and disposal of garbage and waste 
materials, or use other appropriate measures to reduce the potential 
for the discharge of storm water that has come into contact with 
garbage or waste materials. This schedule shall be included in the 
plan. Individuals responsible for waste management and disposal shall 
be informed of the procedures established under the plan.
    (b) Routinely inspect for leaks and the condition of drums, tanks 
and containers. Ensure that spill cleanup procedures are understood by 
employees.
    (c) Keep an up-to-date inventory of all materials present at the 
facility. While preparing the inventory, all containers should be 
clearly labeled. Hazardous containers that requires special handling, 
storage, use and disposal shall be clearly marked.
    (d) Maintain clean ground surfaces.
    (ii) Preventive Maintenance--A preventive maintenance program shall 
be developed and shall involve timely inspection and maintenance of 
storm water management devices (e.g., oil/water separators, catch 
basins, dikes, storm sewer, basins, pipes). Also, preventive 
maintenance includes inspecting and testing facility equipment and 
systems to uncover conditions that could cause breakdowns or failures, 
and ensuring appropriate maintenance of such equipment and systems.
    (iii) Spill Prevention and Response Procedures--Spill prevention 
and response procedures shall be developed. Areas where potential 
spills (that can contribute pollutants to storm water discharges) can 
occur and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up (e.g., absorbent 
materials) should be available to personnel.
    (iv) Inspections--Qualified personnel shall conduct quarterly 
inspections. A wet weather inspection (during a rainfall event) shall 
be conducted in the second (April to June) and third quarters (July to 
September) of each year. A dry weather inspection (no precipitation) 
shall be conducted in the first (January to March) and fourth quarters 
(October to December). Such inspections shall be documented and this 
documentation shall be retained as part of the pollution prevention 
plan. Changes based on the 

[[Page 51136]]
results of the quarterly inspections shall be made in a timely manner.
    (a) When a seasonal dry period is sustained for more than 3 months, 
a dry weather inspection will satisfy the wet weather inspection 
requirement.
    (b) All areas exposed to precipitation at the facilities shall be 
visually inspected for evidence of, or the potential for, pollutants 
entering the drainage system. Measures to reduce pollutant loadings 
shall be evaluated to determine whether they are adequate and properly 
implemented or whether additional control measures are needed. 
Structural storm water management measures (diking, berming, curbing, 
sediment and erosion control measures, stabilization controls, etc.) 
required under this section shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (v) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, material management practices and procedures for 
equipment and container cleaning and washing. The pollution prevention 
plan shall identify periodic dates for such training of at least once 
per year.
    (vi) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (vii) Facility Security--Facilities shall have the necessary 
security systems to prevent accidental or intentional entry that could 
cause a discharge. Security systems described in the plan shall address 
fencing, lighting, vehicular traffic control, and securing of equipment 
and buildings.
    (b) Structural Practices--The potential of various sources at the 
facility to contribute pollutants to storm water discharges associated 
with industrial activity [see Part XI.C.4.a.(2) (Description of 
Potential Pollutant Sources) of this permit] shall be considered when 
determining reasonable and appropriate structural measures. The plan 
shall provide that measures that the permittee determines to be 
reasonable and appropriate shall be implemented and maintained.
    (i) Practices for Material Handling and Storage Areas--Permittees 
shall ensure the implementation of practices that conform with the 
following:
    (a) In areas where liquid or powdered materials are stored, 
facilities shall provide either diking, curbing, berms, or other 
appropriate measures to reduce the potential of discharge of liquid or 
powdered materials in storm water.
    (b) In all other outside storage areas including storage of used 
containers, machinery, scrap and construction materials, and pallets, 
facilities shall prevent or minimize storm water runon to the storage 
area by using curbing, culverting, gutters, sewers or other forms of 
drainage control.
    (c) In all storage areas, roofs, covers or other forms of 
appropriate protection shall be used to prevent storage areas from 
exposure to storm water and wind. For the purpose of this paragraph, 
tanks would be considered to be appropriate protection.
    (d) In areas where liquid or powdered materials are transferred in 
bulk from truck or rail cars, permittees shall provide appropriate 
measures to minimize contact of material with precipitation. Permittees 
shall consider providing for hose connection points at storage 
containers to be inside containment areas, and drip pans to be used in 
areas that are not in a containment area, where spillage may occur 
(e.g., hose reels, connection points with rail cars or trucks) or 
equivalent measures.
    (e) In areas of transfer of contained or packaged materials and 
loading/unloading areas, permittee shall consider providing appropriate 
protection such as overhangs or door skirts to enclose trailer ends at 
truck loading/unloading docks or an equivalent.
    (f) Drainage from areas covered by paragraph XI.C.4.a.(3)(b)(i) of 
this section should be restrained by valves or other positive means to 
prevent the discharge of a spill or leak. Containment units may be 
emptied by pumps or ejectors; however, these shall be manually 
activated.
    (g) Flapper-type drain valves shall not be used to drain 
containment areas. Valves used for the drainage of containment areas 
should, as far as is practical, be of manual, open-or-closed design.
    (h) If facility drainage is not engineered as above, the final 
discharge point of all in-facility sewers should be equipped to prevent 
or divert the discharge, in the event of an uncontrolled spill of 
materials, return the spilled material to the facility.
    (c) Management of Runoff--The plan shall contain a description of 
storm water management practices used and/or to be used to divert, 
infiltrate, reuse, or otherwise manage storm water runoff in a manner 
that reduces pollutants in storm water discharges from the site. 
Appropriate measures may include: vegetative swales, ripraps, reuse of 
collected storm water (such as for a process or as an irrigation 
source), inlet controls (such as oil/water separators), snow management 
activities, infiltration devices, use of porous pavements, and wet 
detention/retention devices.
    (d) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a potential 
for significant soil erosion. Plans shall describe permanent 
stabilization practices and shall ensure that disturbed portions of the 
site are stabilized. Stabilization practices may include: permanent 
seeding, mulching, geotextiles, sod stabilization, vegetative buffer 
strips, protection of trees, preservation of mature vegetation, and 
other appropriate measures.
    (e) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph (iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water 

[[Page 51137]]
listed in Part III.A.2. (Prohibition of Non-storm Water Discharges) of 
this permit that are combined with storm water discharges associated 
with industrial activity must be identified in the plan. The plan shall 
identify and ensure the implementation of appropriate pollution 
prevention measures for the non-storm water component(s) of the 
discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [insert date 270 days after 
permit issuance] 180 days after submitting an NOI to be covered by this 
permit. If the failure to certify is caused by the inability to perform 
adequate tests or evaluations, such notification shall describe: the 
procedure of any test conducted for the presence of non-storm water 
discharges; the results of such test or other relevant observations; 
potential sources of non-storm water discharges to the storm sewer; and 
why adequate tests for such storm sewers were not feasible. Non-storm 
water discharges to waters of the United States that are not authorized 
by an NPDES permit are unlawful, and must be terminated.
    (4) Comprehensive Site Compliance Evaluation. A member(s) of the 
pollution prevention team or a qualified professional designated by the 
team shall conduct, at a minimum, annual site compliance evaluations.
    (a) Areas contributing to a storm water discharge associated with 
industrial activity such as material storage and handling, loading and 
unloading, process activities, and plant yards shall be visually 
inspected for evidence of, or the potential for, pollutants entering 
the drainage system. Measures to reduce pollutant loadings shall be 
evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, other 
structural pollution prevention measures identified in the plan, as 
well as process related pollution control equipment shall be observed 
or tested to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources (see Part XI.C.4.a.(2)) and pollution 
prevention measures and controls (see Part XI.C.4.a.(3)) identified in 
the plan shall be revised as appropriate within 2 weeks of such 
evaluation. In addition, it shall provide for implementation of any 
changes to the plan in a timely manner, but in no case more than 12 
weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, observations 
relating to the implementation of the plan, and actions taken in 
accordance with paragraph XI.C.4.a.(4)(b) (above) shall be made and 
retained as part of the plan for at least 3 years after the date of the 
evaluation. The report shall also identify any incidents of 
noncompliance. Where a report does not identify any incidents of 
noncompliance, the report shall contain a certification that the 
facility is in compliance with the plan and this permit. The report 
shall be signed in accordance with Part VII.G. (Signatory Requirements) 
of this permit.
5. Numeric Effluent Limitations
    In addition to the numeric effluent limitations described by Part 
V.B. of this permit, the following effluent limitations shall be met by 
existing and new discharges with:
    a. Phosphate Fertilizer Manufacturing Runoff. The provisions of 
this paragraph are applicable to storm water discharges from the 
Phosphate Subcategory of the Fertilizer Manufacturing Point Source 
Category (40 CFR 418.10). The term contaminated storm water runoff 
shall mean precipitation runoff, that during manufacturing or 
processing, comes into contact with any raw materials, intermediate 
product, finished product, by-products or waste product (40 CFR 
418.11(c)). The concentration of pollutants in storm water discharges 
shall not exceed the effluent limitations in Table C-1.

                Table C-1.--Numeric Effluent limitations                
------------------------------------------------------------------------
                                                Effluent limitations (mg/
                                                           L)           
                                               -------------------------
                                                              Average of
                                                                daily   
           Effluent characteristics                           values for
                                                Maximum for       30    
                                                 any 1 day   consecutive
                                                              days shall
                                                              not exceed
------------------------------------------------------------------------
Total Phosphorus (as P).......................        105.0         35.0
Fluoride......................................         75.0         25.0
------------------------------------------------------------------------

6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements.
    During the period beginning [insert date 1 year after permit 
issuance] lasting through [insert date 2 years after permit issuance] 
and the period beginning [insert date 3 years after permit issuance] 
lasting through [insert date 4 years after permit issuance], permittees 
with agricultural chemical manufacturing facilities; industrial 
inorganic chemical facilities; soaps, detergents, cosmetics, and 
perfume manufacturing facilities; and plastics, synthetics, and resin 
manufacturing facilities must monitor their storm water discharges 
associated with industrial activity at least quarterly (4 times per 
year) during years 2 and 4 except as provided in paragraphs 6.a.(3) 
(Sampling Waiver), 6.a.(4) (Representative Discharge), and 6.a.(5) 
(Alternative Certification). Agricultural chemical manufacturing 
facilities; industrial inorganic chemical facilities; soaps, 
detergents, cosmetics, and perfume manufacturing facilities; and 
plastics, synthetics, and resin manufacturing facilities are required 
to monitor their storm water discharges for the pollutants of concern 
listed in Tables C-2, C-3, C-4, and C-5 below. Facilities must report 
in accordance with 6.b. (Reporting). In addition to the parameters 
listed in Tables C-2, C-3, 
C-4, and C-5 below, the permittee shall 

[[Page 51138]]
provide the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.

       Table C-2.--Agricultural Chemicals Monitoring Requirements       
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
Total Recoverable Lead................................  0.0816 mg/L     
Total Recoverable Iron................................  1.0 mg/L        
Total Recoverable Zinc................................  0.065 mg/L      
Phosphorus............................................  2.0 mg/L        
------------------------------------------------------------------------


   Table C-3.--Industrial Inorganic Chemicals Monitoring Requirements   
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Recoverable Iron................................  1.0 mg/L        
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
------------------------------------------------------------------------


    Table C-4.--Soaps, Detergents, Cosmetics, and Perfumes Monitoring   
                              Requirements                              
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


  Table C-5.--Plastics, Synthetics, and Resins Monitoring Requirements  
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------

    (1) Monitoring Periods. Agricultural chemical manufacturing 
facilities; industrial inorganic chemical facilities; soaps, 
detergents, cosmetics, and perfume manufacturing facilities; and 
plastics, synthetics, and resin manufacturing facilities shall monitor 
samples collected during the sampling periods of: January through 
March, April through June, July through September, and October through 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricanes, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table C-2 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 


[[Page 51139]]
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph b. below. If 
the permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b Reporting. Permittees with agricultural chemical manufacturing 
facilities; industrial inorganic chemical facilities; soaps, 
detergents, cosmetics, and perfume manufacturing facilities; and 
plastics, synthetics, and resin manufacturing facilities shall submit 
monitoring results for each outfall associated with industrial activity 
[or a certification in accordance with Sections (3), (4), or (5) above] 
obtained during the reporting period beginning [insert date 1 year 
after permit issuance] lasting through [insert date 2 years after 
permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March [insert the date 2 years 
after permit issuance]. Monitoring results [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
period beginning [insert date 3 years after permit issuance] lasting 
through [insert date 4 years after permit issuance] shall be submitted 
on Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the following March. For each outfall, one Discharge 
Monitoring Report Form must be submitted per storm event sampled. 
Signed copies of Discharge Monitoring Reports, or said certifications, 
shall be submitted to the Director of the NPDES program at the address 
of the appropriate Regional Office listed in Part VI.G. of the fact 
sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
agricultural chemical manufacturing facilities; industrial inorganic 
chemical facilities; soaps, detergents, cosmetics, and perfume 
manufacturing facilities; and plastics, synthetics, and resin 
manufacturing facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Compliance Monitoring Requirements. In addition to the 
monitoring required in paragraph 6a (above), permittees with 
contaminated storm water runoff from phosphate fertilizer manufacturing 
facilities must monitor their contaminated storm water discharges for 
the presence of phosphorus and fluoride at least annually (one time per 
year). Facilities must report in accordance with Part XI.C.6.c.(2) 
(Reporting). In addition to the parameters listed above, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled;
    (1) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable.
    (2) Reporting. Permittees with phosphate fertilizer manufacturing 
facilities shall submit monitoring results obtained during the 
reporting period beginning [insert date of permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following [insert month after permit issuance date]. For 
each outfall, one signed Discharge Monitoring Report form must be 
submitted to the Director per storm event sampled. Signed copies of 
Discharge Monitoring Reports shall be submitted to the Director of the 
NPDES program at the address of the appropriate Regional Office 
indicated in Part VI.B. of this permit.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees that discharge through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph (3) (above).
    d. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each of the following periods: January through March; April through 
June; July through September; and October through December during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, 

[[Page 51140]]
settled solids, suspended solids, foam, oil sheen, and other obvious 
indicators of storm water pollution), and probable sources of any 
observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

D. Storm Water Discharges Associated With Industrial Activity From 
Asphalt Paving and Roofing Materials and Lubricant Manufacturers

    1. Discharges Covered Under This Section. a. This section of the 
permit describes requirements for all existing point source discharges 
of storm water associated with industrial activity to waters of the 
United States from facilities engaged in manufacturing asphalt paving 
and roofing materials, including those facilities commonly identified 
by Standard Industrial Classification (SIC) codes 2951 and 2952.
    b. This section of the permit describes requirements for all 
existing point source discharges of storm water associated with 
industrial activity to waters of the United States from portable 
asphalt plant facilities (also commonly identified by SIC code 2951).
    c. This section of the permit describes requirements for all 
existing point source discharges of storm water associated with 
industrial activity to waters of the United States from facilities 
engaged in manufacturing lubricating oils and greases, including those 
facilities classified as SIC code 2992.
    d. When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    e. Limitations on Coverage. The following storm water discharges 
associated with industrial activity are not authorized by this section 
of the permit:
    (1) Storm water discharges from petroleum refining facilities, 
including those that manufacture asphalt or asphalt products and that 
are classified as SIC code 2911,
    (2) Storm water discharges from oil recycling facilities, and
    (3) Storm water discharges associated with fats and oils rendering.
    2. Special Conditions. a. Prohibition of Non-storm Water 
Discharges.
    (1) There are no additional prohibitions beyond those listed in 
Section III.A.2. of this permit.
    3. Storm Water Pollution Prevention Plan Requirements. a. Contents 
of Plan. The plan shall include, at a minimum, the following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under XI.D.3.a.(2)(c) (spills and 
leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes, liquid storage tanks, processing areas and storage 
areas including areas where raw materials, finished products and drums 
are stored. The map must indicate the outfall locations and the types 
of discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, 

[[Page 51141]]
produced or discharged; the likelihood of contact with storm water; and 
history of significant leaks or spills of toxic or hazardous 
pollutants. Flows with a significant potential for causing erosion 
shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (d) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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 description shall specifically 
list any significant potential source of pollutants at the site and for 
each potential source, any pollutant or pollutant parameter (e.g., 
biochemical oxygen demand, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner. Particular attention should be paid to areas 
where raw materials are stockpiled, material handling areas, storage 
areas, liquid storage tanks, material handling areas, and loading/
unloading areas.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under XI.D.3.a.(4) of this section, qualified 
facility personnel shall be identified to inspect designated equipment 
and areas of the facility at appropriate intervals specified in the 
plan. Material storage and handling areas, liquid storage tanks, 
hoppers or silos, vehicle and equipment maintenance, cleaning, and 
fueling areas, material handling vehicles, equipment and processing 
areas shall be inspected at least once per month as part of the 
maintenance program. A set of tracking or follow-up procedures shall be 
used to ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph XI.D.3.a.(3)(g)(iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. 

[[Page 51142]]
The plan shall identify and ensure the implementation of appropriate 
pollution prevention measures for the non-storm water component(s) of 
the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
that are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those that control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.D.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures may include: vegetated 
swales, reuse of collected storm water (such as for a process or as an 
irrigation source), inlet controls (such as oil/water separators), 
infiltration devices, and detention/retention basins or other 
equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. 
Evaluations shall be conducted at least once at portable plant 
locations that are not in operation for a complete year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity including; material storage and handling areas, 
liquid storage tanks, hoppers or silos, vehicle and equipment 
maintenance, cleaning, and fueling areas, material handling vehicles, 
equipment and processing areas, and areas where aggregate is stockpiled 
outdoors shall be visually inspected for evidence of, or the potential 
for, pollutants entering the drainage system. Measures to reduce 
pollutant loadings shall be evaluated to determine whether they are 
adequate and properly implemented in accordance with the terms of the 
permit or whether additional control measures are needed. Structural 
storm water management measures, (e.g., oil/water separators, detention 
ponds, sedimentation basins or equivalent measures) sediment and 
erosion control measures, and other structural pollution prevention 
measures identified in the plan shall be observed to ensure that they 
are operating correctly. A visual inspection of equipment needed to 
implement the plan, such as dust collection equipment and spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
XI.D.3.a.(2) of this section (description of potential pollutant 
sources) and pollution prevention measures and controls identified in 
the plan in accordance with XI.D.3.a.(3) of this section (measures and 
controls) shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case later than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph (4)(b) (above) of the permit shall be made and retained as 
part of the storm water pollution prevention plan for at least 3 years 
after the date of the evaluation. The report shall identify any 
incidents of noncompliance. Where a report does not identify any 
incidents of noncompliance, the report shall contain a certification 
that the facility is in compliance with the storm water pollution 
prevention plan and this permit. The report shall be signed in 
accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under XI.D.3.a.(3)(d), the compliance evaluation may be 
conducted in place of one such inspection.
    4. Numeric Effluent Limitations. In addition to the numeric 
effluent limitations listed in Part V.B. of this permit,discharges from 
areas where production of asphalt paving and roofing emulsions occurs 
may not exceed a TSS concentration of 23.0 mg/L of runoff for any 1 
day, nor shall the average of daily values for 30 executive days exceed 
a TSS concentration of 15.0 mg/L of runoff. Oil and grease 
concentrations in storm water discharges from these areas may not 
exceed 15.0 mg/L of runoff for any 1 day, nor should the average daily 
values for 30 consecutive days exceed an oil and grease concentration 
of 10.0 mg/L of runoff. The pH of these discharges must be within the 
range of 6.0 to 9.0.
    5. Monitoring and Reporting Requirements. a. Analytical Monitoring 
Requirements. During the period beginning [insert date 1 year after 
permit issuance] lasting through [insert date 2 years after permit 
issuance] and the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance], 
permittees with asphalt paving and roofing materials manufacturing 
facilities (including portable plants) must monitor their storm water 
discharges associated with industrial activity at least quarterly (4 
times per year) during years 2 and 4 except as provided in paragraphs 
5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
5.a.(5) (Alternative Certification). Asphalt paving and roofing 
materials manufacturing facilities are required to monitor their storm 
water discharges for the pollutant of concern listed in Table D-1 
below. Facilities must report in accordance with 5.b. (Reporting). In 
addition to the parameters listed in Table D-1 below, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled.

                                                                        

[[Page 51143]]
                   Table D-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Total Suspended Solids................................  100 mg/L        
------------------------------------------------------------------------



    (1) Monitoring Periods. Asphalt paving and roofing materials 
manufacturing facilities shall monitor samples collected during the 
sampling periods of: January through March, April through June, July 
through September, and October through December for the years specified 
in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricanes, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table B-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements in part XI.D.5.c of this permit associated with 
effluent limitations.
    b. Reporting. Permittees with asphalt paving and roofing materials 
manufacturing facilities shall submit monitoring results for each 
outfall associated with industrial activity [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
reporting period beginning [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following March [insert the date 2 years after permit 
issuance]. Monitoring results [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the period beginning 
[insert date 3 years after permit issuance] lasting through [insert 
date 4 years after permit issuance] shall be submitted on Discharge 
Monitoring Report Form(s) postmarked no later than the 31st day of the 
following March. For each outfall, one signed Discharge Monitoring 
Report Form must be submitted per storm event completed. Signed copies 
of Discharge Monitoring 

[[Page 51144]]
Reports, or said certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office 
listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
asphalt paving and roofing materials manufacturing facilities with at 
least one storm water discharge associated with industrial activity 
through a large or medium municipal separate storm sewer system 
(systems serving a population of 100,000 or more) must submit signed 
copies of discharge monitoring reports to the operator of the municipal 
separate storm sewer system in accordance with the dates provided in 
paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (1), below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of evaluating storm water quality associated 
with storm water runoff or snow melt: January through March; April 
through June; July through September; and October through December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the life of the permit.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation on site with the 
results of the visual examination. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    d. Compliance Monitoring Requirements. Permitters with facilities 
that produce asphalt paving or roofing emulsions must monitor their 
storm water discharges associated with these activities for the 
presence of TSS, oil and grease, and for pH at least annually (one time 
per year). Facilities must report in accordance with 5.d.(2) 
(reporting). In addition to the parameters listed above, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled.
    (1) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The grab sample shall be taken during 
the first 30 minutes of the discharge. If the collection of a grab 
sample during the first 30 minutes is impracticable, a grab sample can 
be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable.
    (2) Reporting. Permittees with asphalt paving or roofing emulsion 
production facilities shall submit monitoring results obtained during 
the reporting period beginning [insert date of permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the last 
day of the following [insert month after permit issuance date]. Signed 
copies of Discharge Monitoring Reports shall be submitted to the 
Director of the NPDES program at the address of the appropriate 
Regional Office indicated in Part VI.B. of this permit. For each 
outfall one Discharge monitoring form shall be submitted per storm 
event sampled.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees that discharge through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph (3) (above).

[[Page 51145]]


E. Storm Water Discharges Associated With Industrial Activity From 
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
Facilities

    1. Discharges Covered Under This Section. The requirements listed 
under this section shall apply to storm water discharges from the 
following activities: manufacturing flat, pressed, or blown glass or 
glass containers; manufacturing hydraulic cement; manufacturing clay 
products including tile and brick; manufacturing of pottery and 
porcelain electrical supplies; manufacturing concrete products; 
manufacturing gypsum products; nonclay refractories; and grinding or 
otherwise treating minerals and earths. This section generally includes 
the following types of manufacturing operations: flat glass, (SIC code 
3211); glass containers, (SIC code 3221); pressed and blown glass, not 
elsewhere classified, (SIC code 3229); hydraulic cement, (SIC code 
3241); brick and structural clay tile, (SIC code 3251); ceramic wall 
and floor tile, (SIC code 3253); clay refractories, (SIC code 3255); 
structural clay products not elsewhere classified (SIC code 3259); 
vitreous china table and kitchen articles (SIC code 3262); fine 
earthenware table and kitchen articles (SIC code 3263); porcelain 
electrical supplies, (SIC code 3264); pottery products, (SIC code 
3269); concrete block and brick, (SIC code 3271); concrete products, 
except block and brick (SIC code 3272); ready-mix concrete, (SIC code 
3273); gypsum products, (SIC code 3275); minerals and earths, ground or 
otherwise treated, (SIC code 3295); and nonclay refractories, (SIC code 
3297).
    Facilities engaged in the following activities are not eligible for 
coverage under this section: lime manufacturing (SIC 3274); cut stone 
and stone products (SIC 3281); abrasive products (SIC 3291); asbestos 
products (SIC 3292); mineral wool and mineral wool insulation products 
(SIC 3296).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    2. Special Conditions. a. Prohibition of Non-storm Water 
Discharges. The discharge of pavement washwaters are only authorized 
where the permittee has minimized the presence of spilled materials in 
accordance with part XI.E.3.a.(3).(a).(i) of this permit.
    3. Storm Water Pollution Prevention Plan Requirements. a. Contents 
of Plan. The plan shall include, at a minimum, the following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.E.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes, liquid storage tanks, processing areas and storage 
areas. Facilities shall also identify, on the site map, the location of 
any: bag house or other dust control device; recycle/sedimentation 
pond, clarifier or other device used for the treatment of process 
wastewater and the areas that drain to the treatment device. The map 
must indicate the outfall locations and the types of discharges 
contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials.--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential 

[[Page 51146]]
pollutant sources from 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 description shall 
specifically list any significant potential source of pollutants at the 
site and for each potential source, any pollutant or pollutant 
parameter [e.g., Total Suspended Solids (TSS), etc.] of concern shall 
be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (i) Facilities shall prevent or minimize the discharge of spilled 
cement, aggregate (including sand or gravel), kiln dust, fly ash, 
settled dust other significant materials in storm water from paved 
portions of the site that are exposed to storm water. Measures used to 
minimize the presence of these materials may include regular sweeping, 
or other equivalent measures. The plan shall indicate the frequency of 
sweeping or other measures. The frequency shall be determined based 
upon consideration of the amount of industrial activity occurring in 
the area and frequency of precipitation, but shall not be less than 
once per week when cement, aggregate, kiln dust or fly ash are being 
handled or otherwise processed in the area.
    (ii) Facilities shall prevent the exposure of fine granular solids 
such as cement, fly ash, and kiln dust to storm water. Where 
practicable, these materials shall be stored in enclosed silos, hoppers 
or buildings, in covered areas, or under covering.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve routine inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility specified in 
the plan. The inspection frequency shall be specified in the plan based 
upon a consideration of the level of industrial activity at the 
facility, but shall be a minimum of once per month while the facility 
is in operation. The inspection shall take place while the facility is 
in operation and shall at a minimum include all of the following areas 
that are exposed to storm water at the site: material handling areas, 
above ground storage tanks, hoppers or silos, dust collection/
containment systems, truck wash down and equipment cleaning areas. 
Tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, truck wash out procedures, equipment wash down procedures 
and material management practices. The pollution prevention plan shall 
identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph XI.E.3.a.(3)(g)(iii) (below).
    Facilities engaged in production of ready-mix concrete, concrete 
block, brick or other products shall include in the certification a 
description of measures that insure that process waste water that 
results from washing of trucks, mixers, transport buckets, forms or 
other equipment are discharged in accordance with NPDES requirements or 
are recycled. Facilities with wash water recycle ponds shall include an 
estimate of the amount of rainfall (in inches) required to cause the 
recycle pond to overflow in a 24-hour period.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 

[[Page 51147]]
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
that are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (i) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those that control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.E.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures may include: vegetative 
swales and practices, reuse of collected storm water (such as for a 
process or as an irrigation source), inlet controls (such as oil/water 
separators), snow management activities, infiltration devices, and wet 
detention/retention devices or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but, in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity including but not limited to: material handling 
areas, above ground storage tanks, hoppers or silos, dust collection/
containment systems, truck wash down and equipment cleaning areas shall 
be visually inspected for evidence of, or the potential for, pollutants 
entering the drainage system. Measures to reduce pollutant loadings 
shall be evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, and other 
structural pollution prevention measures such as recycle ponds, 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.E.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.E.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.E.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    In addition to the numeric effluent limitations described by Part 
V.B, the following limitations shall be met by existing and new 
dischargers.
    a. Cement Manufacturing Facility, Material Storage Runoff. Any 
discharge composed of runoff that derives from the storage of materials 
including raw materials, intermediate products, finished products, and 
waste materials that are used in or derived from the manufacture of 
cement shall not exceed a maximum concentration for any time of 50 mg/L 
Total Suspended Solids (TSS) nor the 6.0 to 9.0 range limitation for 
pH. Runoff from the storage piles shall not be diluted with other storm 
water runoff or flows to meet this limitation. Any untreated overflow 
from facilities designed, constructed and operated to treat the volume 
of material storage pile runoff that is associated with a 10-year, 24-
hour rainfall event shall not be subject to the TSS or pH limitations. 
Dischargers subject to these numeric effluent limitations must be in 
compliance with these limits upon commencement of coverage and for the 
entire term of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees that manufacture clay products and 
concrete products and gypsum products must monitor their storm water 
discharges associated with industrial activity at least quarterly (4 
times per year during years 2 and 4) except as provided in paragraphs 
5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
5.a.(5) (Alternative Certification).
    Clay product manufacturers include; brick and structural clay tile 
manufacturers (SIC 3251), ceramic wall and floor tile manufacturers 
(SIC 3253), clay refractories (SIC 3255), manufacturers of structural 
clay products, not elsewhere classified (SIC 3259), manufacturers of 
vitreous china table and kitchen articles (SIC 3232), manufacturers of 
fine earthenware table and kitchen articles (SIC 3263), manufacturers 
of porcelain electrical supplies (SIC 3264), pottery products (SIC 
3269) and non-clay refractories (3297). Facilities with these 
industrial activities must monitor for the pollutant listed in Table E-
1.
    Concrete and gypsum product manufacturers include concrete block 
and brick manufacturers (SIC 3271), concrete products manufacturers 
(SIC 3272), ready mix concrete manufacturers (SIC 3273), gypsum 

[[Page 51148]]
product manufacturers (SIC 3275) and manufacturers of mineral and earth 
products (SIC 3295). Facilities with these industrial activities must 
monitor for the pollutant listed in Table E-2.
    Facilities must report in accordance with 5.b. (Reporting). In 
addition to the parameters listed in Tables E-1 and E-2 below, the 
permittee shall provide the date and duration (in hours) of the storm 
event(s) sampled; rainfall measurements or estimates (in inches) of the 
storm event that generated the sampled runoff; the duration between the 
storm event sampled and the end of the previous measurable (greater 
than 0.1 inch rainfall) storm event; and an estimate of the total 
volume (in gallons) of the discharge sampled.

   Table E-1.--Monitoring Requirements for Clay Product Manufacturers   
------------------------------------------------------------------------
                                                             Monitoring 
                  Pollutants of concern                       cut-off   
                                                           concentration
------------------------------------------------------------------------
Total Recoverable Aluminum...............................  0.75 mg/L    
------------------------------------------------------------------------


   Table E-2.--Monitoring Requirements for Concrete and Gypsum Product  
                              Manufacturers                             
------------------------------------------------------------------------
                                                             Monitoring 
                  Pollutants of concern                       cut-off   
                                                           concentration
------------------------------------------------------------------------
Total Suspended Solids (TSS).............................  100 mg/L     
Total Recoverable Iron...................................  1.0 mg/L     
------------------------------------------------------------------------

    (1) Monitoring Periods. Facilities subject to analytical monitoring 
requirements described in part XI.E.5.a, shall monitor samples 
collected during the sampling periods of: January to March, April to 
June, July to September, and October to December for the years 
specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or non-process water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table E-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, on pollutant by pollutant basis in 
lieu of monitoring reports required by paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required 

[[Page 51149]]
up until that date. This certification option is not applicable to 
compliance monitoring requirements associated with effluent 
limitations. EPA does not expect facilities to be able to exercise this 
certification for indicator parameters, such as TSS and BOD.
    (b) Reporting. Permittees with monitoring requirements under Part 
XI.E.5.a. shall submit monitoring results for each outfall associated 
with industrial activity [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the reporting period 
beginning [insert date 1 year after permit issuance] lasting through 
[insert date 2 years after permit issuance] on Discharge Monitoring 
Report Form(s) postmarked no later than the 31st day of the following 
March [insert the date 2 years after permit issuance]. Monitoring 
results [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the period beginning [insert date 3 years 
after permit issuance] lasting through [insert date 4 years after 
permit issuance] shall be submitted on Discharge Monitoring Report 
Form(s) postmarked no later than the 31st day of the following March. 
For each outfall, one signed Discharge Monitoring Report Form must be 
submitted for each event sampled. Signed copies of Discharge Monitoring 
Reports, or said certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office 
listed in Part VI.G. of the fact sheet to this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
facilities with monitoring requirements under Part XI.E.5.a. with at 
least one storm water discharge associated with industrial activity 
through a large or medium municipal separate storm sewer system 
(systems serving a population of 100,000 or more) must submit signed 
copies of discharge monitoring reports to the operator of the municipal 
separate storm sewer system in accordance with the dates provided in 
paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Glass, 
clay, cement, concrete, and gypsum manufacturing facilities shall 
perform and document a visual examination of a storm water discharge 
associated with industrial activity from each outfall, except 
discharges exempted below. The examination(s) must be made at least 
once in each of the following three-month periods: January through 
March, April through June, July through September, and October through 
December. The examination shall be made during daylight hours unless 
there is insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the evaluation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    d. Compliance Monitoring Requirements. Permittees with cement 
manufacturing facilities must monitor runoff from material storage for 
the presence of TSS and pH at least annually (one time per year). 
Facilities must report in accordance with 5.d.(2) below (reporting). In 
addition to the parameters listed above, the permittee shall provide 
the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.
    (1) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The grab sample shall be taken during 
the first 30 minutes of the discharge. If the collection of a grab 
sample during the first 30 minutes is impracticable, a grab sample can 
be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable.

[[Page 51150]]

    (2) Reporting. Permittees with material storage runoff from cement 
manufacturing facilities shall submit monitoring results obtained 
during the reporting period beginning [insert date of permit issuance] 
on Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the following [insert month after permit issuance date]. 
Signed copies of Discharge Monitoring Reports shall be submitted to the 
Director of the NPDES program at the address of the appropriate 
Regional Office indicated in Part VI.B. of this permit. For each 
outfall, one signed Discharge Monitoring Report form shall be submitted 
for each storm event sampled.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees with discharges of material storage runoff from cement 
manufacturing facilities through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph 5.d.(3) (above).

 F. Storm Water Discharges Associated With Industrial Activity From 
Primary Metals Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section of today's permit shall 
apply to storm water discharges from the primary metal industry, which 
includes the following types of facilities:
    a. Steel works, blast furnaces, and rolling and finishing mills 
including: steel wiredrawing and steel nails and spikes; cold-rolled 
steel sheet, strip, and bars; and steel pipes and tubes (SIC code 331).
    b. Iron and steel foundries, including: gray and ductile iron, 
malleable iron, steel investment, and steel foundries not elsewhere 
classified (SIC code 332).
    c. Primary smelting and refining of nonferrous metals, including: 
primary smelting and refining of copper, and primary production of 
aluminum (SIC code 333).
    d. Secondary smelting and refining of nonferrous metals (SIC code 
334).
    e. Rolling, drawing, and extruding of nonferrous metals, including: 
rolling, drawing, and extruding of copper; rolling, drawing, and 
extruding of nonferrous metals, except copper and aluminum; and drawing 
and insulating of nonferrous wire (SIC code 335).
    f. Nonferrous foundries (castings), including: aluminum die-
castings, nonferrous die-castings, except aluminum, aluminum foundries, 
copper foundries, and nonferrous foundries, except copper and aluminum 
(SIC code 336).
    g. Miscellaneous primary metal products, not elsewhere classified, 
including: metal heat treating, and primary metal products, not 
elsewhere classified (SIC code 339).
    Activities covered include, but are not limited to, storm water 
discharges associated with coking operations, sintering plants, blast 
furnaces, smelting operations, rolling mills, casting operations, heat 
treating, extruding, drawing, or forging of all types of ferrous and 
nonferrous metals, scrap, and ore.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. There are no 
additional requirements beyond those described in Part III.A.2. of this 
permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.F.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes such as spent solvents or baths, sand, slag or 
dross, liquid storage tanks or drums, processing areas including 
pollution control equipment such as baghouses, and storage areas of raw 
materials such as coal, coke, scrap, sand, fluxes, refractories, or 
metal in any form. The map shall also indicate areas of the facility 
where accumulation of significant amounts of particulate matter from 
operations such as furnace or oven emissions or losses from coal/coke 
handling operations, etc., is likely, and could result in a discharge 
of pollutants to waters of the United States. The map must indicate the 
outfall locations and the types of discharges contained in the drainage 
areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified. 

[[Page 51151]]

    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives. This description 
should also include areas with the potential for deposition of 
particulate matter from process air emissions or losses during material 
handling activities. The description shall be updated whenever there is 
a significant change in the type or quantity of exposed materials, or 
material management practices, that may affect the exposure of 
materials to storm water.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; outdoor manufacturing or processing 
activities; significant dust or particulate generating processes 
occurring indoors or out, with or without pollution control equipment 
in place to trap particulates; and onsite waste disposal practices. The 
description shall specifically list any significant potential source of 
pollutants at the site and for each potential source, any pollutant or 
pollutant parameter (e.g., chemical oxygen demand, oil and grease, 
copper, lead, zinc, etc.) of concern, shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner. The pollution prevention plan should consider 
implementation of the following measures, or equivalent measures, where 
applicable.
    (i) Establish a cleaning or maintenance program for all impervious 
areas of the facility where particulate matter, dust, or debris may 
accumulate, particularly areas of material loading/unloading, material 
storage and handling, and processing.
    (ii) Pave areas of vehicle traffic or material storage where 
vegetative or other stabilization methods are not practical. Institute 
sweeping programs in these areas as well.
    (iii) For unstabilized areas of the facility where sweeping is not 
practical, storm water management devices such as sediment traps, 
vegetative buffer strips, filter fabric fence, sediment filtering boom, 
gravel outlet protection, or other equivalent measures, that 
effectively trap or remove sediment should be considered.
    (b) Source Controls--The permittee shall consider preventive 
measures to minimize the potential exposure of all significant 
materials (as described in Part XI.F.3.a.(3) of this section) to 
precipitation and storm water runoff. The permittee should consider the 
implementation of the following measures, or equivalent measures, to 
reduce the exposure of all materials to storm water:
    (i) Relocating all materials, including raw materials, intermediate 
products, material handling equipment, obsolete equipment, and wastes 
currently stored outside to inside locations.
    (ii) Establishment of a schedule for removal of wastes and obsolete 
equipment to minimize the volume of these materials stored onsite that 
may be exposed to storm water.
    (iii) Substitution of less hazardous materials, or materials less 
likely to contaminate storm water, or substitution of recyclable 
materials for nonrecyclables wherever possible.
    (iv) Constructing permanent or semipermanent covers, or other 
similar forms of protection over stockpiled materials, material 
handling and processing equipment. Options include roofs, tarps, and 
covers. This may also include the use of containment bins or covered 
dumpsters for raw materials, waste materials and nonrecyclable waste 
materials.
    (v) Dikes, berms, curbs, trenches, or other equivalent measures to 
divert runon from material storage, processing, or waste disposal 
areas.
    (c) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (i) A schedule for inspection and maintenance of all particulate 
emissions control equipment should be established to ensure proper 
operation. Inspections should be conducted as described in Section 
XI.F.3.a.(3)(e) below. Detection of any leaks or defects that could 
lead to excessive emissions shall be repaired as soon as practicable. 
Where significant settling or deposition from process emissions are 
observed during proper operation of existing equipment, the permittee 
shall consider ways to reduce these emissions including but not limited 
to: upgrading or replacing existing equipment; collecting runoff from 
areas of deposition for treatment or recycling; or changes in materials 
or processes to reduce the generation of particulate matter.
    (ii) Structural Best Management Practices (BMPs) will be visually 
inspected for signs of washout, excessive sedimentation, deterioration, 
damage, or overflowing, and shall be repaired or maintained as soon as 
practicable.
    (d) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges may 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 

[[Page 51152]]
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (e) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at 
appropriate intervals, but no less frequently than once during each of 
the following periods: January through March; April through June; July 
through September; and October through December. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained. Inspections shall be conducted on a quarterly basis and 
address, at a minimum, the following areas where applicable:
    (i) Air pollution control equipment such as baghouses, 
electrostatic precipitators, scrubbers, and cyclones, should be 
inspected on a routine basis for any signs of disrepair such as leaks, 
corrosion, or improper operation that could limit their efficiency and 
lead to excessive emissions. The permittee should consider monitoring 
air flow at inlets and outlets, or equivalent measures, to check for 
leaks or blockage in ducts. Visual inspections shall be made for 
corrosion, leaks, or signs of particulate deposition or visible 
emissions that could indicate leaks.
    (ii) All process or material handling equipment such as conveyors, 
cranes, and vehicles should be inspected for leaks, drips, etc. or for 
the potential loss of materials.
    (iii) Material storage areas such as piles, bins or hoppers for 
storing coke, coal, scrap, or slag, as well as chemicals stored in 
tanks or drums, should be examined for signs of material losses due to 
wind or storm water runoff.
    (f) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (g) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (h) Non-storm Water Discharges.
    (i) Certification. The plan shall include a certification that the 
discharge has been tested or evaluated for the presence of non-storm 
water discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit that receives the discharge. In such cases, the 
source identification section of the storm water pollution prevention 
plan shall indicate why the certification required by this part was not 
feasible, along with the identification of potential significant 
sources of non-storm water at the site. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph XI.F.3.a.(3)(h)(iii) (below).
    (ii) Exceptions. Except for flows from fire fighting activities, 
sources of non-storm water listed in Part III.A.2. (Prohibition of Non-
storm Water Discharges) of this permit that are combined with storm 
water discharges associated with industrial activity must be identified 
in the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [Insert 270 days after permit 
issuance], 180 days after submitting an NOI to be covered by this 
permit. If the failure to certify is caused by the inability to perform 
adequate tests or evaluations, such notification shall describe: the 
procedure of any test conducted for the presence of non-storm water 
discharges; the results of such test or other relevant observations; 
potential sources of non-storm water discharges to the storm sewer; and 
why adequate tests for such storm sewers were not feasible. Non-storm 
water discharges to waters of the United States that are not authorized 
by an NPDES permit are unlawful, and must be terminated.
    (i) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion. 
The plan shall also contain a narrative consideration of the 
appropriateness of traditional storm water management practices 
(practices other than those that control the generation or source(s) of 
pollutants) used to divert, infiltrate, reuse, or otherwise manage 
storm water runoff in a manner that reduces pollutants in storm water 
discharges from the site. The plan shall provide that measures that the 
permittee determines to be reasonable and appropriate shall be 
implemented and maintained. The potential of various sources at the 
facility to contribute pollutants to storm water discharges associated 
with industrial activity (see paragraph XI.F.3.a.(2) of this section 
(Description of Potential Pollutant Sources) shall be considered when 
determining reasonable and appropriate measures. Appropriate measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices or other 
equivalent measures.
    (i) Management of Runoff--Facilities shall consider implementation 
of the following storm water management practices or other equivalent 
measures to address pollutants of concern:
    (i) Vegetative buffer strips, filter fabric fence, sediment 
filtering boom, or other equivalent measures, that effectively trap or 
remove sediment prior to discharge through an inlet or catch basin.
    (ii) Media filtration such as catch basin filters and sand filters.
    (iii) Oil/water separators or the equivalent.
    (iv) Structural BMPs such as settling basins, sediment traps, 
retention or detention ponds, recycling ponds or other equivalent 
measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at 

[[Page 51153]]
appropriate intervals specified in the plan but in no case less than 
once a year. Such evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity such as material storage and handling, loading and 
unloading, process activities, and plant yards shall be visually 
inspected for evidence of, or the potential for, pollutants entering 
the drainage system. Measures to reduce pollutant loadings shall be 
evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, other 
structural pollution prevention measures identified in the plan, as 
well as process related pollution control equipment shall be observed 
or tested to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.F.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.F.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.F.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(e), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional effluent limitations beyond those described 
in Part V.B. of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with primary metals facilities identified 
by SIC codes 331, 332, 335, and 336 must monitor their storm water 
discharges associated with industrial activity at least quarterly (4 
times per year during the second and fourth year of coverage) except as 
provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Primary metals facilities are required to monitor their storm water 
discharges for the pollutants of concern listed in Tables F-1, F-2, F-
3, and F-4 below. Facilities must report in accordance with 5.b. 
(Reporting). In addition to the parameters listed in Tables F-1 through 
F-4 below, the permittee shall provide the date and duration (in hours) 
of the storm event(s) sampled; rainfall measurements or estimates (in 
inches) of the storm event that generated the sampled runoff; the 
duration between the storm event sampled and the end of the previous 
measurable (greater than 0.1 inch rainfall) storm event; and an 
estimate of the total volume (in gallons) of the discharge sampled.

Table F-1.--Steel Works, Blast Furnaces, and Rolling and Finishing Mills
                    (SIC 331) Monitoring Requirements                   
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


 Table F-2.--Iron and Steel Foundries (SIC 332) Monitoring Requirements 
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Suspended Solids................................  100 mg/L        
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Iron................................  1 mg/L          
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


 Table F-3.--Rolling, Drawing, and Extruding of Non-Ferrous Metals (SIC 
                      335) Monitoring Requirements                      
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------


   Table F-4.--Non-Ferrous Foundries (SIC 336) Monitoring Requirements  
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Copper..............................  0.0636 mg/L     
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------

    (1) Monitoring Periods. Primary metals facilities shall monitor 
samples collected during the sampling periods of: January through 
March, April through June, July through September, and October through 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event internal may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why 

[[Page 51154]]
a grab sample during the first 30 minutes was impracticable. If storm 
water discharges associated with industrial activity commingle with 
process or nonprocess water, then where practicable permittees must 
attempt to sample the storm water discharge before it mixes with the 
non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table F-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. The certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with primary metals facilities shall 
submit monitoring results for each outfall associated with industrial 
activity [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the reporting period beginning [insert date 
1 year after permit issuance] lasting through [insert date 2 years 
after permit issuance] on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the following March [insert 
the date 2 years after permit issuance]. Monitoring results [or a 
certification in accordance with Sections (3), (4), or (5) above] 
obtained during the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance] 
shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March. For each outfall, one 
Discharge Monitoring Report Form must be submitted per storm event 
sampled. Signed copies of Discharge Monitoring Reports, or said 
certifications, shall be submitted to the Director of the NPDES program 
at the address of the appropriate Regional Office listed in Part VI.G. 
of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
primary metals facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (1) below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snow melt begins discharging. The 
examinations shall 

[[Page 51155]]
document observations of color, odor, clarity, floating solids, settled 
solids, suspended solids, foam, oil sheen, and other obvious indicators 
of storm water pollution. The examination must be conducted in a well 
lit area. No analytical tests are required to be performed on the 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan, a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (e.g., drought, extended 
frozen conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

G. Storm Water Discharges Associated With Industrial Activity From 
Metal Mining (Ore Mining and Dressing) Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges from active and inactive metal mining and ore dressing 
facilities (Standard Industrial Classification (SIC) Major Group 10) if 
the storm water has come into contact with, or is contaminated by, any 
overburden, raw material, intermediate product, finished product, 
byproduct, or waste product located on the site of the operation. SIC 
Major Group 10 includes establishments primarily engaged in mining, 
developing mines, or exploring for metallic minerals (ores) and also 
includes all ore dressing and beneficiating operations, whether 
performed at mills operated in conjunction with the mines served or at 
mills, such as custom mills, operated separately. For the purposes of 
this part of the permit, the term ``metal mining'' includes all ore 
mining and/or dressing and beneficiating operations, whether performed 
at mills operated in conjunction with the mines served or at mills, 
such as custom mills, operated separately. All storm water discharges 
from inactive metal mining facilities and the storm water discharges 
from the following areas of active, and temporarily inactive, metal 
mining facilities are the only discharges covered by this section of 
the permit: topsoil piles; offsite haul/access roads if off active 
area; onsite haul roads if not constructed of waste rock or if spent 
ore and mine water is not used for dust control; runoff from tailings 
dams/dikes when not constructed of waste rock/tailings and no process 
fluids are present; concentration building, if no contact with material 
piles; mill site, if no contact with material piles; chemical storage 
area; docking facility, if no excessive contact with waste product; 
explosive storage; reclaimed areas released from reclamation bonds 
prior to December 17, 1990; and partially/inadequately reclaimed areas 
or areas not released from reclamation bonds.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Limitations on Coverage. The following storm water discharges 
associated with industrial activity are not authorized by this permit:
    (1) Discharges from active metal mining facilities that are subject 
to the effluent limitation guidelines for the Ore Mining and Dressing 
Point Source Point Source Category (40 CFR Part 440). Coverage under 
this permit does not include adit drainage or contaminated springs or 
seeps at active facilities, temporarily inactive facilities, or 
inactive facilities. Also see Limitations on Coverage, Part I.B.3.
    (2) Storm water discharges associated with an industrial activity 
that the Director (EPA) has determined to be, or may reasonably be 
expected to be, contributing to a violation of a water quality 
standard.
    (3) Storm water discharges associated with industrial activity from 
inactive mining operations occurring on Federal lands where an operator 
cannot be identified.
2. Special Definitions
    The following definitions are only for this section of today's 
permit and are not intended to supersede the definitions of active and 
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):
    ``Active Metal Mining Facility'' is a place where work or other 
related activity to the extraction, removal, or recovery of metal ore 
is being 

[[Page 51156]]
conducted. With respect to surface mines, an ``active metal mining 
facility'' does not include any area of land on or in which grading has 
been completed to return the earth to a desired contour and reclamation 
work has begun.
    ``Inactive Metal Mining Facility'' means a site or portion of a 
site where metal mining and/or milling activities occurred in the past 
but is not an active metal mining facility, as defined in this permit 
and that portion of the facility does not have an active mining permit 
issued by the applicable (federal or state) governmental agency.
    ``Temporarily Inactive Metal Mining Facility'' means a site or 
portion of a site where metal mining and/or milling activities occurred 
in the past, but currently are not being actively undertaken, and the 
facility has an active mining permit issued by the applicable (federal 
or state) government agency that authorizes mining at the site.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan for Active and Temporarily Inactive Metal 
Mining Facilities. The plan shall include, at a minimum, the following 
items:
    (1) Pollution Prevention Team. Identification of a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Mining Activities. A description of the mining 
and associated activities taking place at the site that affect or may 
affect storm water runoff intended to be covered by this permit. The 
description shall report the total acreage within the mine site, an 
estimate of the number of acres of disturbed land and an estimate of 
the total amount of land proposed to be disturbed throughout the life 
of the mine. A general description of the location of the mining site 
relative to major transportation routes and communities shall also be 
provided.
    (3) Description of Potential Pollutant Sources. A description of 
potential sources that may reasonably be expected to add significant 
amounts of pollutants (including sediment) to storm water discharges or 
that may result in the discharge of pollutants during dry weather. Each 
description shall identify all activities and significant materials 
that may potentially be significant storm water pollutant sources from 
the active mining activity (see Part XI.G.1.), including, at a minimum:
    (a) Drainage.
    (i) A site topographic map that indicates, at a minimum: mining/
milling site boundaries and access and haul roads; the location of each 
storm water outfall and an outline of the portions of the drainage area 
that are within the facility boundaries; equipment storage, fueling and 
maintenance areas; materials handling areas; storage areas for 
chemicals and explosives; areas used for storage of overburden, 
materials, soils or wastes; location of mine drainage (where water 
leaves mine) or any other process water; tailings piles/ponds, both 
proposed and existing; heap leach pads; points of discharge from the 
property for mine drainage or any other process water; springs, 
streams, wetlands and other surface waters; and boundary of tributary 
areas that are subject to effluent limitations guidelines. In addition, 
the map must indicate the types of discharges contained in the drainage 
areas of the outfalls.
    (ii) Prediction of the direction of flow, and identification of the 
types of pollutants (e.g., heavy metals, sediment) that are likely to 
be present in storm water discharges associated with industrial 
activity, for each area of the mine/mill site that generates storm 
water discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants. Factors to 
consider include the mineralogy of the ore and waste rock (e.g., acid 
forming), toxicity and quantity of chemical(s) used, produced or 
discharged; the likelihood of contact with storm water; vegetation on 
site if any, and history of significant leaks or spills of toxic or 
hazardous pollutants. Flows with a significant potential for causing 
erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation for each storm water outfall that may be covered under 
this permit (see Part XI.G.1.). Such inventory shall include a 
narrative description of: significant materials that have been handled, 
treated, stored or disposed in a manner to allow exposure to storm 
water between the time of 3 years prior to the date of the submission 
of a Notice of Intent (NOI) to be covered under this permit and the 
present; method and location of onsite storage or disposal; materials 
management practices employed to minimize contact of materials with 
storm water runoff between the time of 3 years prior to the date of the 
submission of a Notice of Intent (NOI) to be covered under this permit 
and the present; the location and a description of existing structural 
and nonstructural control measures to reduce pollutants in storm water 
runoff; and a description of any treatment the storm water receives. 
The inventory of exposed materials shall include, but shall not be 
limited to the significant materials stored exposed to storm water, and 
material management practices employed that were listed for the 
facility in the approved group application.
    A summary of any existing ore or waste rock/overburden 
characterization data, including results of testing for acid rock 
generation potential. If the ore or waste rock/overburden 
characterization data is updated due to a change in the ore type being 
mined, the storm water pollution prevention plan shall be updated with 
the new data.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities associated with metal mining: loading and 
unloading operations; outdoor storage activities; outdoor manufacturing 
or processing activities; significant dust or particulate generating 
processes; and onsite waste disposal practices. The description shall 
specifically list any significant potential source of pollutants at the 
site and for each potential source, any pollutant or pollutant 
parameter (e.g., heavy metals, etc.) of concern shall be identified.
    (4) Measures and Controls. A description of storm water management 
controls appropriate for the facility, and procedures for implementing 
such controls. The appropriateness and priorities of controls in a plan 
shall reflect identified potential sources of pollutants at the 
facility. The description of storm water management 

[[Page 51157]]
controls shall address the following minimum components, including a 
schedule for implementing such controls:
    (a) Good Housekeeping--Good housekeeping such as maintenance in a 
clean, orderly manner of areas that may contribute pollutants to storm 
water discharges. (For suggested measures for vehicle maintenance 
operations, see good housekeeping measures specified in Part XI.P. for 
transportation facilities.)
    (b) Preventive Maintenance--A narrative describing the program for 
timely inspection and maintenance of storm water management devices 
(e.g., cleaning oil/water separators, catch basins) as well as 
inspection and testing of facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems. Particular attention shall 
be given to erosion control and sediment control systems and devices.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges, and 
their accompanying drainage points. The description area shall include, 
where appropriate, specific material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered; procedures for cleaning up spills and the method 
for making these plans and the necessary equipment to implement a clean 
up available to the appropriate personnel.
    (d) Inspections--Provisions for qualified personnel to inspect 
designated equipment and mine areas at least on a monthly basis for 
active sites. The monthly inspections can be done at any time during 
the month and do not have to be done immediately following a 
precipitation event. For temporarily inactive sites, the inspections 
should be quarterly; however, inspections are not required when adverse 
weather conditions (e.g., snow) make the site inaccessible. All 
material handling areas shall be inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Erosion control 
systems and sediment control devices shall also be inspected to 
determine if they are working properly. A set of tracking or follow-up 
procedures shall be used to ensure that appropriate actions are taken 
in response to the inspections. Records of inspections shall be 
maintained. The use of a checklist developed by the facility is 
encouraged.
    (e) Employee Training--Outlines of employee training programs that 
inform personnel responsible for implementing activities identified in 
the storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, and material management practices. The pollution 
prevention plan shall specify how often training shall take place, but 
in all cases training must be held at least annually (once per calendar 
year).
    (f) Recordkeeping and Internal Reporting Procedures--Descriptions 
of incidents (such as spills, major storm events, or other discharges), 
as well as information describing the quality and quantity of storm 
water discharges. Inspections, maintenance activities, and training 
sessions shall also be documented and records of such activities shall 
be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) A certification that any discharge has been tested or evaluated 
for the presence of non-storm water discharges, such as seeps or adit 
discharges or discharges subject to effluent limitation guidelines 
(e.g., 40 CFR Part 440), such as mine drainage or process water of any 
kind. The certification shall include the identification of potential 
significant sources of non-storm water or water subject to effluent 
limitation guidelines at the site, a description of the results of any 
test and/or evaluation for the presence of non-storm water discharges, 
the evaluation criteria or testing method used, the date of any testing 
and/or evaluation, and the onsite drainage points that were directly 
observed during the test. Certifications shall be signed in accordance 
with Part VII.G. of this permit. Such certification may not be feasible 
if the facility operating the storm water discharge associated with 
industrial activity does not have access to an outfall, manhole, or 
other point of access to the ultimate conduit that receives the 
discharge. In such cases, the source identification section of the 
storm water pollution prevention plan shall indicate why the 
certification required by this part was not feasible, along with the 
identification of potential significant sources of non-storm water at 
the site. A discharger that is unable to provide the certification 
required by this paragraph must notify the Director in accordance with 
paragraph XI.G.3.a.(4)(g)(iii) (below).
    Alternatively, the plan may include a certification that any non-
storm water discharge that mixes with storm water is subject to a 
separate NPDES permit that applies applicable effluent limitations 
prior to the mixing of non-storm water and storm water. In such cases, 
the certification shall identify the non-storm water discharge(s), the 
applicable NPDES permit(s), the effluent limitations placed on the non-
storm water discharge by the NPDES permit(s), and the point(s) at which 
the limitations are applied.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities that begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
that are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--Identification of areas that, due 
to topography, activities, or other factors, have a high potential for 
significant erosion of soil and/or other materials, and measures to be 
used to limit erosion and/or remove sediment from storm water runoff. 
The measures to consider include diversion of flow away from areas 
susceptible to erosion (such as interceptor dikes and swales; diversion 
dikes curbs and berms; pipe slope drains; subsurface drains; and 
drainage/storm water conveyance systems [channels or gutters; open top 
box culverts, and waterbars; rolling dips and road sloping; roadway 
surface water deflector; and culverts]), stabilization methods to 
prevent or minimize erosion (such as temporary or permanent seeding; 
vegetative buffer strips; protection of trees; topsoiling; soil 

[[Page 51158]]
conditioning; contouring; mulching; geotextiles [matting; netting; or 
blankets]; riprap; gabions; and retaining walls), and structural 
methods for controlling sediment (such as check dams; rock outlet 
protection; level spreaders; gradient terraces; straw bale barriers; 
silt fences; gravel or stone filter berms; brush barriers; sediment 
traps; grass swales; pipe slope drains; earth dikes; other controls 
such as entrance stabilization, waterway crossings or wind breaks; or 
other equivalent measures).
    (i) Management of Runoff--A narrative consideration of the 
appropriateness of traditional storm water management practices 
(practices other than those that control the generation or source(s) of 
pollutants) used to divert, infiltrate, reuse, or otherwise manage 
storm water runoff in a manner that reduces pollutants in storm water 
discharges from the site and provisions for implementation and 
maintenance of measures that the permittee determines to be reasonable 
and appropriate. The potential of various sources at the facility to 
contribute pollutants to storm water discharges associated with 
industrial activity [see paragraph XI.G.3.a.(3) of this section 
(Description of Potential Pollutant Sources)] shall be considered when 
determining reasonable and appropriate measures. Appropriate measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices, or 
impoundments.
    (i) Capping--Where capping of a contaminant source is necessary, 
the source being capped and materials and procedures used to cap the 
contaminant source must be identified. In some cases, the elimination 
of a pollution source through capping contaminant sources may be the 
most effective control measure for discharges from inactive ore mining 
and dressing facilities.
    (k) Treatment--A description of how storm water will be treated 
prior to discharging to waters of the United States if treatment of a 
storm water discharge is necessary. Storm water treatments include the 
following: chemical/physical treatment; oil/water separators; and 
artificial wetlands.
    (5) Comprehensive Site Compliance Evaluation. Procedures for 
qualified personnel to conduct site compliance evaluations at 
appropriate intervals specified in the plan, but in no case less than 
once a year. Such evaluations shall include:
    (a) Visual inspections of areas contributing to a storm water 
discharge associated with industrial activity for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.G.3.a.(3) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.G.3.a.(4) of 
this section (Measures and Controls) shall be revised as appropriate 
within 30 days of such inspection and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation unless additional time is authorized by 
the permit issuing authority.
    (c) Preparation of a report summarizing the scope of the 
evaluation, personnel making the evaluation, the date(s) of the 
evaluation, major observations relating to the implementation of the 
storm water pollution prevention plan, and actions taken in accordance 
with paragraph XI.G.3.a.(5)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under XI.G.3.a.(4)(d), the compliance evaluation may be 
conducted in place of one such inspection.
    b. Contents of Plan for Inactive Metal Mining Facilities. The plan 
shall include, at a minimum, the following items:
    (1) Pollution Prevention Team. Identification of a specific 
individual or individuals that are responsible for the development, 
implementation, maintenance, and revision of the storm water pollution 
prevention plan. The plan shall clearly identify the responsibilities 
of each team member. The activities and responsibilities of the team 
shall address all aspects of the storm water pollution prevention plan 
at the inactive facility.
    (2) Description of Mining Activities. A description of the mining 
and associated activities that took place at the site. The description 
shall report the approximate dates of operation, the total acreage 
within the mine and/or processing site, an estimate of the number of 
acres of disturbed area, and the current activities (e.g., reclamation) 
that are taking place at the facility. A general description of the 
location of the mining site relative to major transportation routes and 
communities shall also be provided.
    (3) Description of Potential Pollutant Sources. A description of 
potential sources that may reasonably be expected to add significant 
amounts of pollutants (including sediment) to storm water discharges or 
that may result in the discharge of pollutants during dry weather from 
separate storm sewers draining the facility. Each plan shall identify 
all activities and significant materials that may potentially be 
significant storm water pollutant sources form the inactive mining 
site. Each description shall include, at a minimum:
    (a) Site Map--A generalized site map or maps that depict any of the 
following that may be applicable: mining/milling site boundaries and 
access and haul roads; the location of each storm water outfall and an 
outline of the portions of the drainage area that are within the 
facility boundaries; areas used for storage of overburden, materials, 
soils, tailings, or wastes; areas used for outdoor manufacturing, 
storage, or disposal of materials; any remaining equipment storage, 
fueling, and maintenance ares; tailings piles/ponds; mine drainage or 
any other process water discharge points; an estimate of the 
direction(s) of flow; existing structural controls to reduce pollutants 
in storm water runoff; and springs, streams, wetlands, and other 
surface waters. The map must also indicate the types of discharges 
contained in the drainage areas of the outfalls.
    (b) Inventory of Exposed Materials--An inventory and narrative 
description 

[[Page 51159]]
for each outfall of any significant materials that may still be at the 
site. This description of sources should agree with sources identified 
on the map.
    (c) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (d) Risk Identification and Summary of Potential Pollutant 
Sources--For each potential pollutant source at the site the pollutants 
of concern (e.g., heavy metals) shall be identified and an assessment 
made of the potential of these pollutant sources to contribute 
pollutants to storm water discharges.
    (4) Measures and Controls. A description of storm water management 
controls appropriate for the facility, and procedures for implementing 
such controls. The appropriateness and priorities of controls in a plan 
shall reflect identified potential sources of pollutants at the 
facility. The description of storm water management controls shall 
address the following minimum components, including a schedule for 
implementing such controls:
    (a) Storm Water Diversion--Description of how and where storm water 
will be diverted away from potential pollutant sources to prevent storm 
water contamination. Storm water diversions may include the following: 
interceptor dikes and swales; diversion dikes curbs and berms; pipe 
slope drains; subsurface drains; drainage/storm water conveyance 
systems (channels or gutters; open top box culverts, and waterbars; 
rolling dips and road sloping; roadway surface water deflector; and 
culverts) or equivalent measures.
    (b) Sediment and Erosion Control--Identification of areas that, due 
to topography, activities, or other factors, have a high potential for 
significant erosion of soil and/or other materials, and measures to be 
used to limit erosion and/or remove sediment from storm water runoff. 
The measures to consider include diversion of flow away from areas 
susceptible to erosion, stabilization methods to prevent or minimize 
erosion (such as temporary or permanent seeding; vegetative buffer 
strips; protection of trees; topsoiling; soil conditioning; contouring; 
mulching; geotextiles (matting; netting; or blankets); riprap; gabions; 
and retaining walls), structural methods for controlling sediment (such 
as check dams; rock outlet protection; level spreaders; gradient 
terraces; straw bale barriers; silt fences; gravel or stone filter 
berms; brush barriers; sediment traps; grass swales; pipe slope drains; 
earth dikes; and other controls such as entrance stabilization, 
waterway crossings or wind breaks; or other equivalent measures).
    (c) Management of Runoff--A narrative consideration of the 
appropriateness of traditional storm water management practices 
(practices other than those that control the generation or source(s) of 
pollutants) used to divert, infiltrate, reuse, or otherwise manage 
storm water runoff in a manner that reduces pollutants in storm water 
discharges from the site and provisions for implementation and 
maintenance of measures that the permittee determines to be reasonable 
and appropriate. The potential of various sources at the facility to 
contribute pollutants to storm water discharges associated with 
industrial activity [see paragraph XI.G.3.b.(3) of this section 
(Description of Potential Pollutant Sources)] shall be considered when 
determining reasonable and appropriate measures. Appropriate measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls, snow management activities, infiltration devices, and wet 
detention/retention devices, or impoundments.
    (d) Capping--Where capping of a contaminant source is necessary, 
the source being capped and materials and procedures used to cap the 
contaminant source must be identified. In some cases, the elimination 
of a pollution source through capping contaminant sources may be the 
most effective control measure for discharges from inactive ore mining 
and dressing facilities.
    (e) Treatment--A description of how storm water will be treated 
prior to discharging to waters of the United States if treatment of a 
storm water discharge is necessary. Storm water treatments include the 
following: chemical/physical treatment; oil/water separators; 
artificial wetlands or other equivalent measures.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), as well as 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (5) Comprehensive Site Compliance Evaluation. Procedures for 
qualified personnel to conduct site compliance evaluations at 
appropriate intervals specified in the plan, but, except as provided in 
paragraph XI.G.3.b.(5)(d) (below), in no case less than once a year. 
Such evaluations shall include:
    (a) Visual inspection of areas contributing to a storm water 
discharge associated with industrial activity for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.G.3.a.(3) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.G.3.a.(4) of 
this section (Measures and Controls) shall be revised as appropriate 
within 30 days of such inspection and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation unless additional time is authorized by 
the permit issuing authority.
    (c) Preparation of a report summarizing the scope of the 
evaluation, personnel making the evaluation, the date(s) of the 
evaluation, major observations relating to the implementation of the 
storm water pollution prevention plan, and actions taken in accordance 
with paragraph XI.G.3.b.(5)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where annual site compliance evaluations are shown in the plan 
to be impractical for inactive mining sites due to the remote location 
and inaccessibility of the site, site 

[[Page 51160]]
evaluations required under this part shall be conducted at appropriate 
intervals specified in the plan, but, in no case less than once in 3 
years.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], copper ore mining and dressing facilities must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Active copper ore mining and dressing facilities are required to 
monitor their storm water discharges for the pollutants of concern 
listed in Table G-1 below. Facilities must report in accordance with 
5.b. (Reporting). In addition to the parameters listed in Table G-1 
below, the permittee shall provide the date and duration (in hours) of 
the storm event(s) sampled; rainfall measurements or estimates (in 
inches) of the storm event that generated the sampled runoff; the 
duration between the storm event sampled and the end of the previous 
measurable (greater than 0.1 inch rainfall) storm event; and an 
estimate of the total volume (in gallons) of the discharge sampled.

        Table G-1.--Monitoring Requirements for Active Facilities       
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)..........................  120 mg/L        
Total Suspended Solids (TSS)..........................  100 mg/L        
Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
------------------------------------------------------------------------

    (1) Monitoring Periods. Active copper ore mining and dressing 
facilities shall monitor samples collected during the sampling periods 
of: January through March, April through June, July through September, 
and October through December for the years specified in paragraph a. 
(above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or non-process water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table G-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, or on a pollutant-by-pollutant basis 
in lieu of the monitoring reports required under paragraph b below, 
under penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under 

[[Page 51161]]
paragraph b. below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations.
    b. Reporting. Permittees with active copper ore mining and dressing 
facilities shall submit monitoring results for each outfall associated 
with industrial activity [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the reporting period 
beginning [insert date 1 year after permit issuance] lasting through 
[insert date 2 years after permit issuance] on Discharge Monitoring 
Report Form(s) postmarked no later than the 31st day of the following 
March [insert the date 2 years after permit issuance]. Monitoring 
results [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the period beginning [insert date 3 years 
after permit issuance] lasting through [insert date 4 years after 
permit issuance] shall be submitted on Discharge Monitoring Report 
Form(s) postmarked no later than the 31st day of the following March. 
For each outfall, one signed Discharge Monitoring Report form must be 
submitted to the Director per storm event sampled. Signed copies of 
Discharge Monitoring Reports, or said certifications, shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office listed in Part VI.G. of the fact sheet to 
this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
active ore mining and dressing facilities with at least one storm water 
discharge associated with industrial activity through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system in 
accordance with the dates provided in paragraph b (above).
    c. Visual Examination of Storm Water Quality. Mining facilities 
covered under this sector shall perform and document a visual 
examination of storm water discharges associated with industrial 
activity from each outfall, except discharges exempted below. The 
examination must be made during daylight hours unless there is 
insufficient rainfall or snow melt to produce a runoff event. Mining 
facilities must examine storm water quality at least once in each of 
the following periods: January through March; April through June; July 
through September; and October through December.
    (1) Examinations shall be made of grab samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to conduct one of the required 
visual examinations during the required period as a result of adverse 
climatic conditions or inaccessibility, the discharger must document 
the reason for not performing the visual examination and retain this 
documentation onsite with the records of the visual examination. 
Adverse weather conditions that may prohibit the collection of samples 
include weather conditions that create dangerous conditions for 
personnel (such as local flooding, high winds, hurricane, tornadoes, 
electrical storms, etc.) or otherwise make the collection of a sample 
impracticable (drought, extended frozen conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

H. Storm Water Discharges Associated With Industrial Activity From Coal 
Mines and Coal Mining-Related Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges from coal mining-related areas (SIC Major Group 12) if 
they are not subject to effluent limitations guidelines under 40 CFR 
Part 434.
    a. Coverage. Storm water discharges from the following portions of 
coal mines may be eligible for this permit: haul roads (nonpublic roads 
on which coal or coal refuse is conveyed), access roads (nonpublic 
roads providing light vehicular traffic within the facility property 
and to public roadways), railroad spurs, sidings, and internal haulage 
lines (rail lines used for hauling coal within the facility property 
and to offsite commercial railroad lines or loading areas), conveyor 
belts, chutes, and aerial tramway haulage areas (areas under and around 
coal or refuse conveyor areas, including transfer stations), equipment 
storage and maintenance yards, coal handling buildings and structures, 
and inactive coal mines and related areas (abandoned and other inactive 
mines, refuse disposal sites and other mining-related areas on private 
lands).
    When an industrial facility, described by the above coverage 
provisions of this 

[[Page 51162]]
section, has industrial activities being conducted onsite that meet the 
description(s) of industrial activities in another section(s), that 
industrial facility shall comply with any and all applicable monitoring 
and pollution prevention plan requirements of the other section(s) in 
addition to all applicable requirements in this section. The monitoring 
and pollution prevention plan terms and conditions of this multi-sector 
permit are additive for industrial activities being conducted at the 
same industrial facility (co-located industrial activities). The 
operator of the facility shall determine which other monitoring and 
pollution prevention plan section(s) of this permit (if any) are 
applicable to the facility.
    b. Limitations. Storm water discharges from inactive mining 
activities occurring on Federal lands where an operator cannot be 
identified are not eligible for coverage under this permit.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
broad prohibition of non-storm water discharges of Part III.A.2. of the 
permit, point source discharges of pollutant seeps or underground 
drainage from inactive coal mines and refuse disposal areas that do not 
occur as storm water discharges in response to precipitation events are 
also excluded from coverage under this permit. In addition, floordrains 
from maintenance buildings and other similar drains in mining and 
preparation plant areas are prohibited.
3. Storm Water Pollution Prevention Plan Requirements
    Most of the active coal mining-related areas, described in 
paragraph XI.H.1. above, are subject to sediment and erosion control 
regulations of the U.S. Office of Surface Mining (OSM) that enforces 
the Surface Mining Control and Reclamation Act (SMCRA). OSM has granted 
authority to most coal- producing states to implement SMCRA through 
State SMCRA regulations. All SMCRA requirements regarding control of 
erosion, siltation and other pollutants resulting from storm water 
runoff, including road dust resulting from erosion, shall be primary 
requirements of the pollution prevention plan and shall be included in 
the contents of the plan directly, or by reference. Where determined to 
be appropriate for protection of water quality, additional 
sedimentation and erosion controls may be warranted.
    a. Contents of Plan. The plan shall include at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility manager in its implementation, maintenance, and revision. The 
plan shall clearly identify the responsibilities of each team member. 
The activities and responsibilities of the team shall address all 
aspects of the facility's storm water pollution prevention plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources that may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or that may result in the discharge of pollutants during dry 
weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials that may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    Drainage.
    (i) Asite map, such as a drainage map required for SMCRA permit 
applications, that indicate drainage areas and storm water outfalls. 
These shall include but not be limited to the following:
    (a) Drainage direction and discharge points from all applicable 
mining-related areas described in Section XI.H.1.a. (discharges covered 
under this section) above, including culvert and sump discharges from 
roads and rail beds and also from equipment and maintenance areas 
subject to storm runoff of fuel, lubricants and other potentially 
harmful liquids.
    (b) Location of each existing erosion and sedimentation control 
structure or other control measures for reducing pollutants in storm 
water runoff.
    (c) Receiving streams or other surface water bodies.
    (d) Locations exposed to precipitation that contain acidic spoil, 
refuse or unreclaimed disturbed areas.
    (e) Locations where major spills or leaks of toxic or hazardous 
pollutants have occurred.
    (f) Locations where liquid storage tanks containing potential 
pollutants, such as caustics, hydraulic fluids and lubricants, are 
exposed to precipitation.
    (g) Locations where fueling stations, vehicle and equipment 
maintenance areas are exposed to precipitation.
    (h) Locations at outfalls and the types of discharges contained in 
the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with the mining-related activity with a 
reasonable potential for containing significant amounts of pollutants, 
a prediction of the direction of flow, and an identification of the 
types of pollutants that are likely to be present in storm water 
discharges associated with the activity. Factors to consider include 
the toxicity of the pollutant; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and leaks of 
toxic or hazardous pollutants that occurred at areas that are exposed 
to precipitation or that otherwise drain to a storm water conveyance at 
the facility after the date of 3 years prior to the date of the 
submission of a Notice of Intent (NOI) to be covered under this permit. 
Such list shall be updated as appropriate during the term of the 
permit.
    (d) Sampling Data--A summary of any existing discharge sampling 
data describing pollutants in storm water discharges from the portions 
of the facility covered by this permit, including a summary of any 
sampling data collected during the term of this permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: truck traffic on haul roads and 
resulting generation of sediment subject to runoff and dust generation; 
fuel or 

[[Page 51163]]
other liquid storage; pressure lines containing slurry, hydraulic fluid 
or other potential harmful liquids; and loading or temporary storage of 
acidic refuse or spoil. Specific potential pollutants shall be 
identified, where known.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls.
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas that may contribute pollutants to storm water discharges in a 
clean, orderly manner. These would be practices that would minimize the 
generation of pollutants at the source or before it would be necessary 
to employ sediment ponds or other control measures at the discharge 
outlets. Where applicable, such measures or other equivalent measures 
would include the following: sweepers and covered storage to minimize 
dust generation and storm runoff; conservation of vegetation where 
possible to minimize erosion; watering of haul roads to minimize dust 
generation; collection, removal, and proper disposal of waste oils and 
other fluids resulting from vehicle and equipment maintenance; or other 
equivalent measures.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices as well as inspecting and testing facility equipment and 
systems to uncover conditions that could cause breakdowns or failures 
resulting in discharges of pollutants to surface waters, and ensuring 
appropriate maintenance of such equipment and systems. Where 
applicable, such measures would include the following: removal and 
proper disposal of settled solids in catch basins to allow sufficient 
retention capacity; periodic replacement of siltation control measures 
subject to deterioration such as straw bales; inspections of storage 
tanks and pressure lines for fuels, lubricants, hydraulic fluid or 
slurry to prevent leaks due to deterioration or faulty connections; or 
other equivalent measures.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills that can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.H.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
areas of the facility at appropriate intervals specified in the plan. 
The following shall be included in the plan:
    (i) Active Mining-Related Areas and Those Inactive Areas Under 
SMCRA Bond Authority--The plan shall require quarterly inspections by 
the facility personnel for areas of the facility covered by pollution 
prevention plan requirements. This inspection interval corresponds with 
the quarterly inspections for the entire facility required to be 
provided by SMCRA authority inspectors for all mining-related areas 
under SMCRA authority, including sediment and erosion control measures. 
Inspections by the facility representative may be done at the same time 
as the mandatory inspections performed by SMCRA inspectors. Records of 
inspections of the SMCRA authority facility representative shall be 
maintained.
    (ii) Inactive Mining-Related Areas Not Under SMCRA Bond.--The plan 
shall require annual inspections by the facility representative except 
in situations referred to in paragraph XI.H.3.a.(4)(d) below.
    (iii) Inspection Records--The plan shall require that inspection 
records of the facility representative and those of the SMCRA authority 
inspector shall be maintained. A set of tracking or follow-up 
procedures shall be used to ensure that appropriate actions are taken 
in response to the inspections.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges) along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.

(g) Non-storm Water Discharges

    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water discharges 
such as drainage from underground portions of inactive mines or floor 
drains from maintenance or coal handling buildings. The certification 
shall include the identification of potential significant sources of 
non-storm water discharges at the site, a description of the results of 
any test and/or evaluation, a description of the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit.
    (ii) Except for flows from fire fighting activities, authorized 
sources of non-storm water listed in Part III.A.2. (Prohibition of Non-
storm Water Discharges) of this permit that are combined with storm 
water discharges associated with industrial activity must be identified 
in the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Any facility that is unable to provide the certification 
required (testing or other evaluation for non-storm water discharges) 
must notify the Director by [270 days after permit issuance] or, for 
facilities that begin to discharge storm water associated with 
industrial activity after [insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water to the storm discharge lines; and why adequate tests 
for such storm 

[[Page 51164]]
discharge lines were not feasible. Non-storm water discharges to waters 
of the United States that are not authorized by an NPDES permit are 
unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
that, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion 
and reduce sediment concentrations in storm water discharges. As 
indicated in paragraph XI.H.3.a.(3) above, SMCRA requirements regarding 
sediment and erosion control measures are primary requirements of the 
pollution prevention plan for mining-related areas subject to SMCRA 
authority. The following sediment and erosion control measures or other 
equivalent measures, should be included in the plan where reasonable 
and appropriate for all areas subject to storm water runoff:
    (i) Stabilization Measures--Interim and permanent stabilization 
measures to minimize erosion and lessen amount of structural sediment 
control measures needed, including: mature vegetation preservation; 
temporary seeding; permanent seeding and planting; temporary mulching, 
matting, and netting; sod stabilization; vegetative buffer strips; 
temporary chemical mulch, soil binders, and soil palliatives; nonacidic 
roadsurfacing material; and protective trees.
    (ii) Structural Measures--Structural measures to lessen erosion and 
reduce sediment discharges, including: silt fences; earth dikes; straw 
dikes; gradient terraces; drainage swales; sediment traps; pipe slope 
drains; porous rock check dams; sedimentation ponds; riprap channel 
protection; capping of contaminated sources; and physical/chemical 
treatment of storm water.
    (i) Management of Flow--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (other than those as sediment and erosion control 
measures listed above) used to manage storm water runoff in a manner 
that reduces pollutants in storm water runoff from the site. The plan 
shall provide that the measures, which the permittee determines to be 
reasonable and appropriate, shall be implemented and maintained. 
Appropriate measures may include: discharge diversions; drainage/storm 
water conveyances; runoff dispersion; sediment control and collection; 
vegetation/soil stabilization; capping of contaminated sources; 
treatment; or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at intervals specified in the 
plan, but in no case less than once a year. Such evaluations shall 
provide:
    (a) Areas contributing to a storm water discharge associated with 
coal mining-related areas shall be visually inspected for evidence of, 
or the potential for, pollutants entering the drainage system. These 
areas include haul and access roads; railroad spurs, sidings, and 
internal haulage lines; conveyor belts, chutes and aerial tramways; 
equipment storage and maintenance yards; coal handling buildings and 
structures; and inactive mines and related areas. Measures to reduce 
pollutant loadings shall be evaluated to determine whether they are 
adequate and properly implemented in accordance with the terms of the 
permit or whether additional control measures are needed. Structural 
storm water management measures, sediment and erosion control measures, 
and other structural pollution prevention measures, as indicated in 
paragraphs XI.H.3.a.(3)(h) and XI.H.3.a.(3)(i) above and where 
identified in the plan, shall be observed to ensure that they are 
operating correctly. A visual evaluation of any equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan, in accordance with 
paragraph XI.H.3.a.(2) of this section, and pollution prevention 
measures and controls identified in the plan, in accordance with 
paragraph XI.H.3.a.(3) of this section, shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner. For inactive mines, such 
revisions may be extended to a maximum of 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.H.3.a.(4)(b) above shall be made and retained as part of 
the storm water pollution prevention plan for at least 3 years after 
the date of the evaluation. The report shall identify any incidents of 
noncompliance. Where a report does not identify any incidents of 
noncompliance, the report shall contain a certification that the 
facility is in compliance with the storm water pollution prevention 
plan and this permit. The report shall be signed in accordance with 
Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection. Where annual site compliance 
evaluations are shown in the plan to be impractical for inactive mining 
sites due to the remote location and inaccessibility of the site, site 
inspections required under this part shall be conducted at appropriate 
intervals specified in the plan, but, in no case less than once in 3 
years.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with coal mining activities must monitor 
their storm water discharges associated with industrial activity at 
least quarterly (4 times per year) during years 2 and 4 except as 
provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Coal mining facilities are required to monitor their storm water 
discharges for the pollutants of concern listed in Table H-1 below. 
Facilities must report in accordance with 5.b. (Reporting). In addition 
to the parameters listed in Table H-1 below, the permittee shall 
provide the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.

                                                                        

[[Page 51165]]
     Table H-1.--Monitoring Requirements for Coal Mining Facilities     
------------------------------------------------------------------------
                                                              Cut-off   
                  Pollutants of concern                    concentration
                                                               (mg/L)   
------------------------------------------------------------------------
Total Recoverable Aluminum...............................        0.75   
Total Recoverable Iron...................................        1.0    
Total Suspended Solids...................................      100      
------------------------------------------------------------------------



    (1) Monitoring Periods. Coal mining facilities shall monitor 
samples collected during the sampling periods of: January through 
March, April through June, July through September, and October through 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.

(3) Sampling Waiver

    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next monitoring period and submit the 
data along with the data for the routine sample in that period. Adverse 
weather conditions that may prohibit the collection of samples include 
weather conditions that create dangerous conditions for personnel (such 
as local flooding, high winds, hurricanes, tornadoes, electrical 
storms, etc.) or otherwise make the collection of a sample 
impracticable (drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table H-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b. below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph b. below. If 
the permittee cannot certify for an entire period, they must submit the 
date exposure was eliminated and any monitoring required up until that 
date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees shall submit monitoring results for each 
outfall associated with industrial activity [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
reporting period beginning [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following March [insert the date 2 years after permit 
issuance]. Monitoring results [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the period beginning 
[insert date 3 years after permit issuance] lasting through [insert 
date 4 years after permit issuance] shall be submitted on Discharge 
Monitoring Report Form(s) postmarked no later than the 31st day of the 
following March. For each outfall, one signed Discharge Monitoring 
Report form must be submitted to the Director per storm event sampled. 
Signed copies of 

[[Page 51166]]
Discharge Monitoring Reports, or said certifications, shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office listed in Part VI.B.1. of the permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b. (above), 
coal-mining related facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b. (above).
    c. Visual Examination of Storm Water Quality. Coal mining-related 
facilities shall perform and document a visual examination of a 
representative storm water discharge at the following frequencies: 
quarterly for active areas under SMCRA bond located in areas with 
average annual precipitation over 20 inches; semi-annually for inactive 
areas under SMCRA bond, and active areas under SMCRA bond located in 
areas with average annual precipitation of 20 inches or less; visual 
examinations are not required at inactive areas not under SMCRA bond.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water runoff or 
snow melt: Quarterly--January through March; April through June; July 
through September; and October through December. Semi-annually--January 
through June and July through December.
    (2) Examinations shall be made of samples collected within the 
first 60 minutes (or as soon thereafter as practical, but not to exceed 
two hours) of when the runoff or snow melt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

I. Storm Water Discharges Associated With Industrial Activity From Oil 
and Gas Extraction Facilities

1. Discharges Covered Under This Section
    a. Coverage. This permit covers all existing point source 
discharges of storm water associated with industrial activity to waters 
of the United States from oil and gas facilities listed under Standard 
Industrial Classification (SIC) Major Group 13 which are required to be 
permitted under 40 CFR 122.26. These include ``* * * oil and gas 
exploration, production, processing, or treatment operations, or 
transmission facilities that discharge storm water contaminated by 
contract with or that has come into contact with any overburden raw 
material, intermediate products, finished products, by-products or 
waste products located on the site of such operations.'' Contaminated 
storm water discharges from petroleum refining or drilling operations 
that are subject to nationally established BAT or BPT guidelines found 
at 40 CFR 419 and 435 respectively are not included. Industries in SIC 
Major Group 13 include the extraction and production of crude oil, 
natural gas, oil sands and shale; the production of hydrocarbon liquids 
and natural gas from coal; and associated oil field service, supply and 
repair industries.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    b. Limitations. Storm water discharges associated with industrial 
activity from inactive oil and gas operations occurring on Federal 
lands where an operator cannot be identified are not covered by this 
permit.

[[Page 51167]]

2. Special Conditions
    There are no additional requirements beyond those listed in Part 
III. of this permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:

(a) Drainage

    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part IX.I.3.a.(1)(c) (Spills and 
Leaks) of this permit have occurred, location of any areas where RQ 
releases have occurred; and the locations of the following activities 
where such activities are exposed to precipitation: fueling stations, 
vehicle and equipment maintenance and/or cleaning areas, loading/
unloading areas, locations used for the treatment, storage or disposal 
of wastes, liquid storage tanks, processing areas and storage areas, 
chemical mixing areas, construction and drilling areas. The site map 
will indicate all areas subject to the effluent guidelines requirement 
of ``No Discharge'' in accordance with 40 CFR 435.32 and the existing 
structural controls to achieve compliance with the ``No Discharge'' 
requirement. The map must indicate the outfall locations and the types 
of discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. The 
permittee should consider the cause of RQ releases, the materials used 
to contain and remediate releases, and any other aspect of releases or 
clean-up which could potentially contribute pollutants to a storm water 
discharge. Flows with a significant potential for causing erosion shall 
be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; chemical, cement, mud or gel mixing 
activities; outdoor manufacturing or processing activities; drilling or 
mining activities; significant dust or particulate generating 
processes; and onsite waste disposal practices, equipment cleaning and 
rehabilitation activities. List any significant potential source of 
pollutants at the site and for each potential source, any pollutant or 
pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
shall be identified.
    In its description of potential pollutant sources, a facility must 
include information about the RQ release which triggered the permit 
application requirements. Such information must include: the nature of 
the release (e.g., spill of oil from a drum storage area); the amount 
of oil or hazardous substance released; amount of substance recovered; 
date of the release; cause of the release (e.g., poor handling 
techniques as well as lack of containment in area); area affected by 
release, including land and waters; procedure to cleanup release; 
actions or procedures implemented to prevent or better respond to a 
release; and remaining potential contamination of storm water from 
release. The analysis shall take into account human health risks, the 
control of drinking water intakes, and the designated uses of the 
receiving stream.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop and implement storm water management controls appropriate 
for the facility. The controls in a plan shall reflect identified 
potential sources of pollutants at the facility. The description of 
storm water management controls shall address the following minimum 
components, including a schedule for implementing such measures:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility 

[[Page 51168]]
equipment and systems to uncover conditions that could cause breakdowns 
or failures resulting in discharges of pollutants to surface waters, 
and ensuring appropriate maintenance of such equipment and systems. The 
preventative maintenance program shall also include the inspection of 
all on site and off site mixing tanks and equipment, and all vehicles 
which carry supplies and chemicals to oil field activities.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Materials shall 
be stored indoors where possible, and drainage systems designed to 
discharge downstream from drinking water intakes. Where appropriate, 
specifying material handling procedures, storage requirements, and use 
of equipment such as diversion valves in the plan should be considered. 
Procedures for cleaning up spills shall be identified in the plan and 
made available to the appropriate personnel. The necessary equipment to 
implement a clean up should be available to personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.I.3.a.(4) of this section, 
qualified facility or plant personnel shall be identified to inspect 
designated equipment and areas of the facility at appropriate intervals 
specified in the plan. All equipment and areas addressed in the 
pollution prevention plan shall be inspected at a minimum of 6-month 
intervals. Equipment and vehicles which store, mix or transport 
hazardous materials will be inspected routinely, but not less than 
quarterly. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan. All records 
shall be kept for a period of not less than 3 years.

 (g) Non-storm Water Discharges

    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.I.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion. 
Unless covered by the General Permit for Construction Activity (57 FR 
41209), the additional erosion control requirement for well drillings 
oil, sand, and shale mining areas are as follows:
    (i) Site Description--Each plan shall provide a description of the 
following: (1) A description of the nature of the exploration activity; 
(2) estimates of the total area of the site and the area of the site 
that is expected to be disturbed due to the exploration activity; (3) 
an estimate of the runoff coefficient of the site; (4) a site map 
indicating drainage patterns and approximate slopes, the location of 
major control structures identified in the plan, and surface waters; 
and (5) the name of the receiving water(s) and the ultimate receiving 
water(s) of the runoff.
    (ii) Controls--The pollution prevention plan shall include a 
description of controls appropriate for the activity and implement such 
controls. The description of controls shall address the following 
minimum components:
    (a) A description of vegetative practices designed to preserve 
existing vegetation where attainable and revegetate open areas as soon 
as practicable after grade drilling. Such practices may include: 
temporary seeding, permanent seeding, mulching, sod stabilization, 
vegetative buffer strips, protection of trees, or other equivalent 
measures. The operator shall initiate appropriate vegetative practices 
on all disturbed areas within 14 calendar days of the last activity at 
that area.
    (b) A description of structural practices that, to the degree 
attainable, divert flows from exposed soils, store flows or otherwise 
limit runoff from exposed areas of the site. Such practices 

[[Page 51169]]
may include straw bale dikes, silt fences, earth dikes, brush barriers, 
drainage swales, check dams, subsurface drain, pipe slope drain, level 
spreaders storm drain inlet protection, rock outlet protection, 
sediment traps, temporary sediment basins, or other equivalent 
measures.
    (iii) Offsite vehicle tracking of sediments shall be minimized.
    (iv) Procedures in a plan shall provide that all erosion controls 
on the site are inspected at least once every 7 calendar days. Weekly 
inspections are necessary to ensure erosion controls continue to 
effectively reduce the amount of sediment carried offsite. A silt fence 
or silt trap is no longer effective when filled with silt.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide the measures that the permittee determines to be reasonable and 
appropriate which shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity shall be considered when 
determining reasonable and appropriate measures. Appropriate measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, wet detention/retention devices, or other 
equivalent measures.
    (j) Reportable Quantity (RQ) Release--The permittee must describe 
the measures taken to clean up RQ releases or related spills of 
materials, as well as measures proposed to avoid future releases of 
RQs. Such measures may include, among others: Improved handling or 
storage techniques; containment around handling areas of liquid 
materials; and use of improved spill cleanup materials and techniques.
    (k) Vehicle and Equipment Storage Areas--The storage of vehicles 
and equipment awaiting or having completed maintenance must be confined 
to designated areas (delineated on the site map). The plan must 
describe measures that prevent or minimize contamination of the storm 
water runoff from these areas. The facility may consider the use of 
drip pans under vehicles and equipment, indoor storage of the vehicles 
and equipment, installation of berming and diking of this area, or 
other equivalent measures.
    (l) Vehicle and Equipment Cleaning and Maintenance Areas--The plan 
must describe measures that prevent or minimize contamination of the 
storm water runoff from all areas used for vehicle and equipment 
cleaning. The facility may consider performing all cleaning operations 
indoors, covering the cleaning operation, ensuring that all washwaters 
drain to a sanitary sewer, and/or collecting the storm water runoff 
from the cleaning area and providing treatment or recycling. The 
discharge of vehicle and equipment wash waters, including tank cleaning 
operations, are not authorized by this permit and must be authorized 
under a separate NPDES permit or discharged to a sanitary sewer in 
accordance with applicable industrial pretreatment requirements.
    The plan must describe measures that prevent or minimize 
contamination of the storm water runoff from all areas used for vehicle 
and equipment maintenance and rehabilitation. The facility may consider 
performing all maintenance activities indoors, using drip pans, 
maintaining an organized inventory of materials used in the shop, 
draining all parts of fluids prior to disposal, prohibiting the 
practice of hosing down the shop floor where the practice would result 
in the exposure of pollutants to storm water, using dry cleanup 
methods, collecting the storm water runoff from the maintenance area 
and providing treatment or recycling, or other equivalent measures.
    (m) Materials and Chemical Storage Areas--Storage units of all 
chemicals and materials (e.g., fuels, oils, used filters, spent 
solvents, paint wastes, radiator fluids, transmission fluids, hydraulic 
fluids, detergents drilling mud components, acids, organic additives) 
must be maintained in good condition so as to prevent contamination of 
storm water. Hazardous materials must be plainly labeled. The plan must 
describe measures that prevent or minimize contamination of the storm 
water runoff from such storage areas. The facility may consider indoor 
storage of the materials and/or installation of berming and diking at 
the area.
    (n) Chemical Mixing Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
chemical mixing areas. The facility may consider covering the mixing 
area, using spill and overflow protection, minimizing runon of storm 
water to the mixing area, using dry cleanup methods, and/or collecting 
the storm water runoff and providing treatment or recycling. The 
facility may consider installation of berming and diking of the area.
    Comprehensive Site Compliance Evaluation. Qualified personnel shall 
conduct site compliance evaluations at appropriate intervals specified 
in the plan, but in no case less than once a year. Such evaluations 
shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity (e.g., materials and chemical storage areas, 
vehicle and equipment cleaning and maintenance areas, vehicle and 
equipment storage areas, chemical mixing areas, and areas of materials 
handling at the drill site areas) shall be visually inspected for 
evidence of, or the potential for, pollutants entering the drainage 
system. Measures to reduce pollutant loadings shall be evaluated to 
determine whether they are adequate and properly implemented in 
accordance with the terms of the permit or whether additional control 
measures are needed. Structural storm water management measures, 
sediment and erosion control measures, and other structural pollution 
prevention measures identified in the plan shall be observed to ensure 
that they are operating correctly. A visual inspection of equipment 
needed to implement the plan, such as spill response equipment, shall 
be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.I.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.I.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, and major 
observations relating to the implementation of the storm water 
pollution prevention plan the permit shall be made and retained as part 
of the storm water pollution prevention plan for at least 3 years after 
the date of the evaluation. The report shall identify any incidents of 
noncompliance. Where a report does not identify any incidents of 
noncompliance, the report shall contain a certification that the 
facility is in compliance with the storm water pollution prevention 
plan and this permit. The report shall be signed in 

[[Page 51170]]
accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional requirements beyond those listed in Part 
V.B. of this permit.
5. Monitoring and Reporting Requirements

a. Monitoring Requirements

    (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination(s) must be made at least 
once in each designated period [described in (a), below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (c) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (d) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (e) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (f) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

J. Storm Water Discharges Associated With Industrial Activity From 
Mineral Mining and Processing Facilities

1. Discharges Covered Under This Section
    This permit covers all existing point source discharges of storm 
water associated with industrial activity to waters of the United 
States from active and inactive mineral mining and processing 
facilities (generally identified by Standard Industrial Classification 
(SIC) Major Group 14), except for storm water discharges identified 
under paragraph XI.J.1.a.
    This permit may authorize storm water discharges associated with 
industrial activity that are mixed with storm water discharges 
associated with industrial activity from construction activities, 
provided that the storm water discharge from the construction activity 
is in compliance with the terms, including applicable Notice of Intent 
(NOI) or application requirements, of a different NPDES general permit 
or individual permit authorizing such discharges.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Limitations on Coverage. The following storm water discharges 
associated with industrial activity are not authorized by this permit:
    (1) Storm water discharges associated with industrial activity 
which are subject to an existing effluent limitation guideline (40 CFR 
Part 436), except mine dewatering discharges composed entirely of storm 
water or ground water seepage from construction sand and gravel, 
industrial sand, and crushed stone mining facilities located in Region 
VI (the States of Louisiana, New Mexico, Oklahoma, and Texas) and 
Arizona.
    (2) Storm water discharges associated with industrial activity from 
inactive mineral mining activities occurring on Federal lands where an 
operator cannot 

[[Page 51171]]
be identified are not eligible for coverage under this permit.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. This section of 
today's permit does not cover any discharge subject to process 
wastewater effluent limitation guidelines, including storm water that 
combines with process wastewater. Part III.A.2 of today's permit does 
allow certain non-storm water discharges to be covered by this permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each storm water 
pollution prevention plan must describe industrial activities, 
significant materials, and physical features of the facility that may 
contribute to storm water runoff or, during periods of dry weather, 
result in dry weather flows and mine pumpout. Plans must describe the 
following elements:
    (a) Drainage--The plan must contain a map of the site that shows 
the pattern of storm water drainage, structural or nonstructural 
features that control pollutants in storm water runoff and process 
wastewater discharges, surface water bodies (including wetlands), 
places where significant materials 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, haul roads, access roads, and 
rail spurs. In addition, the map must indicate the outfall locations 
and the types of discharges contained in the drainage areas of the 
outfalls.
    (b) Inventory of Exposed Materials--Facility operators are required 
to 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 storm water runoff; 
existing structural controls that limit process wastewater discharges; 
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 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.
    (d) Sampling Data--Any existing data on the quality or quantity of 
storm water discharges from the facility must be described in the plan. 
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.
    (e) Risk Identification and 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 industrial activities, significant 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 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., total suspended solids, total dissolved solids, etc.) associated 
with each source.
    (3) Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must evaluate, 
select, and describe the pollution prevention measures, best management 
practices (BMPs), and other controls that will be implemented at the 
facility. The permittee must assess the applicability of the following 
BMPs for their site: discharge diversions, drainage/storm water 
conveyance systems, runoff dispersions, sediment control and collection 
mechanisms, vegetation/soil stabilization, and capping of contaminated 
sources. In addition, 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.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address the potential sources of storm water pollution. 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.
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm waters discharges in 
a clean, orderly manner.
    (b) Preventive Maintenance--The maintenance program requires 
periodic 

[[Page 51172]]
removal of debris from discharge diversions and conveyance systems. 
These activities should be conducted in the spring, after snowmelt, and 
during the fall season. Permittees using ponds to control their 
effluents frequently use impoundments or sedimentation ponds as their 
BAT/BCT. Maintenance schedules for these ponds must be provided in the 
pollution prevention plan.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Operators of active facilities are required to 
conduct quarterly visual inspections of all BMPs. Temporarily and 
permanently inactive operations are required to perform annual 
inspections. The inspections shall include: (1) An assessment of the 
integrity of storm water discharge diversions, conveyance systems, 
sediment control and collection systems, and containment structures; 
(2) visual inspections of vegetative BMPs, serrated slopes, and benched 
slopes to determine if soil erosion has occurred; and (3) visual 
inspections of material handling and storage areas and other potential 
sources of pollution for evidence of actual or potential pollutant 
discharges of contaminated storm water.
    The inspection must be made at least once in each designated period 
during daylight hours unless there is insufficient rainfall or snow-
melt to produce a runoff event. Inspections shall be conducted in each 
of the following periods for the purposes of inspecting storm water 
quality associated with storm water runoff and snow melt: January 
through March (storm water runoff or snow melt); April through June 
(storm water runoff); July through September (storm water runoff); 
October through December (storm water runoff or snow melt).
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents such as spills or other discharges along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. The 
permittee must describe procedures for developing and retaining records 
on the status and effectiveness of plan implementation. The plan must 
address spills, monitoring, and BMP inspection and maintenance 
activities. Ineffective BMPs must be recorded and the date of their 
corrective action noted.

(g) Non-storm Water Discharges

    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with Part XI.J.3.a.(g)(iii) (Failure 
to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify.--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall describe 
the procedure of any test conducted for the presence of non-storm water 
discharges to the storm sewer and why adequate tests for such storm 
sewers were not feasible. Non-storm water discharges to waters of the 
United States which are not authorized by an NPDES permit are unlawful 
and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    Permittees must indicate the location and design for proposed BMPs 
to be implemented prior to land disturbance activities. For sites 
already disturbed but without BMPs, the permittee must indicate the 
location and design of BMPs that will be implemented. The permittee is 
required to indicate plans for grading, contouring, stabilization, and 
establishment of vegetative cover for all disturbed areas, including 
road banks. Reclamation activities must continue until final closure 
notice has been issued.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see Part XI.J.3.a.(2) 
(Description of Potential Pollutant Sources) of this permit] shall be 
considered when determining reasonable and appropriate measures. 
Appropriate measures may include: vegetative swales and practices, 
reuse of 

[[Page 51173]]
collected storm water (such as for a process or as an irrigation 
source), inlet controls (such as oil/water separators), snow management 
activities, infiltration devices, wet detention/retention devices, or 
equivalent measures. In addition, the permittee must describe the storm 
water pollutant source area or activity (i.e., loading and unloading 
operations, raw material storage piles, etc.) to be controlled by each 
storm water management practice.
     (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but, in no case less than once a year. When 
annual compliance evaluations are shown in the plan to be impractical 
for inactive mining sites, due to remote location and inaccessibility, 
site evaluations must be conducted at least once every 3 years. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.J.3.a.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.J.3.a.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.J.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) The storm water pollution prevention plan must describe the 
scope and content of comprehensive site evaluation 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. Where compliance evaluation schedules overlap 
with inspections required under 3.a.(3)(d), the compliance evaluation 
may be conducted in place of one such inspection.
4. Numeric Effluent Limitations
    Except as discussed in a below, there are no additional numeric 
effluent limitations beyond those described in Part V.B of this permit.
    a. Region VI--Construction Sand and Gravel; Industrial Sand, and 
Crushed Stone Mining, Mine Dewatering. Any discharge composed entirely 
of storm water or ground water seepage that derives from mine 
dewatering activities at construction sand and gravel, industrial sand, 
or crushed stone mining facilities located in Region VI (the States of 
Louisiana, New Mexico, Oklahoma, and Texas) and in Arizona shall not 
exceed a maximum concentration for any day of 45 mg/L or an average of 
daily values for 30 consecutive days of 25 mg/L Total Suspended Solids 
(TSS) nor the 6.0 to 9.0 range limitation for pH. The discharge from 
the dewatering activity shall not be diluted with other storm water 
runoff or flows to meet this limitation. Dischargers subject to these 
numeric effluent limitations must be in compliance with these limits 
upon commencement of coverage and for the entire term of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with dimension and crushed stone, and 
nonmetallic minerals (except fuels), and sand and gravel mining 
activities must monitor their storm water discharges associated with 
industrial activity at least quarterly (4 times per year) during years 
2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
Certification). Such facilities are required to monitor their storm 
water discharges for the pollutants of concern listed in Table J-1 
below. Facilities must report in accordance with 5.b. (Reporting). In 
addition to the parameters listed in Table J-1 below, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled.

                   Table J-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                             Cut-off    
                 Pollutants of concern                    concentration 
------------------------------------------------------------------------
Sand and Gravel Mining                                                  
  Nitrate plus Nitrite Nitrogen........................  0.68 mg/L.     
  Total Suspended Solids (TSS).........................  100 mg/L.      
                                                                        
Dimension and Crushed Stone and Nonmetallic Minerals                    
 (except fuels):                                                        
  Total Suspended Solids (TSS).........................  100 mg/L.      
------------------------------------------------------------------------

    (1) Monitoring Periods. Facilities subject to analytical monitoring 
requirements shall monitor samples collected during the sampling 
periods of: January through March, April through June, July through 
September, and October through December for the years specified in 
paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when 

[[Page 51174]]
sampling is being conducted. The grab sample shall be taken during the 
first 30 minutes of the discharge. If the collection of a grab sample 
during the first 30 minutes is impracticable, a grab sample can be 
taken during the first hour of the discharge, and the discharger shall 
submit with the monitoring report a description of why a grab sample 
during the first 30 minutes was impracticable. If storm water 
discharges associated with industrial activity commingle with process 
or nonprocess water, then where practicable permittees must attempt to 
sample the storm water discharge before it mixes with the non-storm 
water discharge.
    (3) Sampling Waiver
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with the data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricanes, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table J-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent guidelines.
    b. Reporting. Permittees with dimension and crushed stone, sand and 
gravel or nonmetallic mineral (except fuels) mining facilities shall 
submit monitoring results for each outfall associated with industrial 
activity [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the reporting period beginning [insert date 
1 year after permit issuance] lasting through [insert date 2 years 
after permit issuance] on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the following March [insert 
the date 2 years after permit issuance]. Monitoring results [or a 
certification in accordance with Sections (3), (4), or (5) above] 
obtained during the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance] 
shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March. For each outfall, one 
signed Discharge Monitoring Report Form must be submitted to the 
Director per storm event sampled. Signed copies of Discharge Monitoring 
Reports, or said certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office 
listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
sand and gravel mining facilities with at least one storm water 
discharge associated with industrial activity through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system in 
accordance with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Mineral 
mining and processing facilities covered under this sector shall 
perform and document a visual examination of a storm water discharge 
associated with industrial activity from each outfall, except 
discharges exempted below. The examinations must be made at least once 
in each designated period [described in (1), below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event. 

[[Page 51175]]

    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; June through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    d. Compliance Monitoring Requirements. Permittees with construction 
sand and gravel, industrial sand, and crushed stone mining facilities 
in Region VI that have mine dewatering discharges composed entirely of 
storm water or ground water seepage which are covered by this permit 
must monitor the discharge from the dewatering activity for the 
presence of TSS and pH at least quarterly (four times per year). 
Facilities must report in accordance with 5.d.(2) below (reporting). In 
addition to the parameters listed above, the permittee shall provide 
the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.
    (1) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The grab sample shall be taken during 
the first 30 minutes of the discharge. If the collection of a grab 
sample during the first 30 minutes is impracticable, a grab sample can 
be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable.
    (2) Reporting. Permittees with mine dewatering discharges from 
construction sand and gravel, industrial sand, or crushed stone mining 
facilities located in Region VI and Arizona shall submit monitoring 
results obtained during the reporting period beginning [insert date of 
permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following [insert month after permit 
issuance date]. Signed copies of Discharge Monitoring Reports shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office indicated in Part VI.B. of this permit. For 
each outfall, one signed Discharge Monitoring Report form shall be 
submitted for each storm event sampled.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees with discharges of material storage runoff from cement 
manufacturing facilities through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph 5.d.(3) (above).

K. Storm Water Discharges Associated With Industrial Activity From 
Hazardous Waste Treatment, Storage, or Disposal Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges associated with industrial activity from facilities 
that treat, store, or dispose of hazardous wastes, including those that 
are operating under interim status or a permit under subtitle C of 
RCRA.
    Coverage under this sector for facilities located in Region VI is 
limited to Hazardous Waste Treatment Storage or Disposal Facilities 
(TSDFs) that are self-generating or totally residential wastes and to 
those facilities that only store hazardous waste and do not treat or 
dispose. These permits are issued by EPA Region VI for Louisiana 
(LAR05*###), New Mexico 

[[Page 51176]]
(NMR05*###), Oklahoma (OKR05*###), Texas (TXR05*###), and Federal 
Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F, 
or TXR05*##F). Disposal facilities that have been properly closed and 
capped, and have no significant materials exposed to storm water, are 
considered inactive and do not require permits [(40 CFR 122.26(b)(14)]. 
Prohibited from coverage under this sector are those commercial 
hazardous wastes disposal and treatment facilities located in Region VI 
that dispose and treat on a commercial basis any produced hazardous 
waste (not their own) as a service to generators.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. There are no 
additional requirements under this section other than those stated in 
Part III.A.2 of this permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part IV.D.3.c. (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes, liquid storage tanks, processing areas and storage 
areas. The map must indicate the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemicals; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; outdoor processing activities; significant 
dust or particulate generating processes; and onsite waste disposal 
practices. The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., chemical oxygen 
demand, etc.) of concern shall be identified.
    (e) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., berms, catch basins) as well as inspecting and testing 
facility equipment and systems to uncover conditions that could cause 

[[Page 51177]]
breakdowns or failures resulting in discharges of pollutants to surface 
waters, and ensuring appropriate maintenance of such equipment and 
systems.
    Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.K.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility at appropriate intervals specified 
in the plan. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph (iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.K.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures may include: vegetative 
swales and practices, reuse of collected storm water (such as for a 
process or as an irrigation source), inlet controls (such as oil/water 
separators), snow management activities, infiltration devices, wet 
detention/retention devices, or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.K.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.K.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 

[[Page 51178]]
weeks of such evaluation and shall provide for implementation of any 
changes to the plan in a timely manner, but in no case more than 12 
weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph (4)(b) (above) of the permit shall be made and retained as 
part of the storm water pollution prevention plan for at least 3 years 
from the date of the evaluation. The report shall identify any 
incidents of noncompliance. Where a report does not identify any 
incidents of noncompliance, the report shall contain a certification 
that the facility is in compliance with the storm water pollution 
prevention plan and this permit. The report shall be signed in 
accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with hazardous waste treatment, storage, 
or disposal facilities (TSDFs) must monitor their storm water 
discharges associated with industrial activity at least quarterly (4 
times per year) during years 2 and 4 except as provided in paragraphs 
5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
5.a.(5) (Alternative Certification). TSDFs are required to monitor 
their storm water discharges for the pollutants of concern listed in 
Table K-1 below. Facilities must report in accordance with 5.b. 
(Reporting). In addition to the parameters listed in Table K-1 below, 
the permittee shall provide the date and duration (in hours) of the 
storm event(s) sampled; rainfall measurements or estimates (in inches) 
of the storm event that generated the sampled runoff; the duration 
between the storm event sampled and the end of the previous measurable 
(greater than 0.1 inch rainfall) storm event; and an estimate of the 
total volume (in gallons) of the discharge sampled.

              Table K-1.--Industry Monitoring Requirements              
------------------------------------------------------------------------
              Pollutants of concern                Cut-off concentration
------------------------------------------------------------------------
Ammonia..........................................  19.0 mg/L.           
Total Recoverable Magnesium*.....................  0.0636 mg/L.         
Chemical Oxygen Demand (COD).....................  120.0 mg/L.          
Total Recoverable Arsenic........................  0.16854 mg/L.        
Total Recoverable Cadmium........................  0.0159 mg/L.         
Total Cyanide**..................................  0.0636 mg/L.         
Total Recoverable Lead...........................  0.0816 mg/L.         
Total Recoverable Mercury........................  0.0024 mg/L.         
Total Recoverable Selenium.......................  0.2385 mg/L.         
Total Recoverable Silver.........................  0.0318 mg/L.         
------------------------------------------------------------------------
* The MDL for magnesium is 0.02 mg/L method 200.6.                      
** The MDL for cyanide is 0.02 mg/L method 335.1, 335.2, or 335.3.      

    (1) Monitoring Periods. TSDFs shall monitor samples collected 
during the sampling periods of: January through March, April through 
June, July through September, and October through December for the 
years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table K-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 


[[Page 51179]]
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.B. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with TSDFs shall submit monitoring results 
for each outfall associated with industrial activity [or a 
certification in accordance with Sections (3), (4), or (5) above] 
obtained during the reporting period beginning [insert date 1 year 
after permit issuance] lasting through [insert date 2 years after 
permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March [insert the date 2 years 
after permit issuance]. Monitoring results [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
period beginning [insert date 3 years after permit issuance] lasting 
through [insert date 4 years after permit issuance] shall be submitted 
on Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the following March. For each outfall, one signed Discharge 
Monitoring Report form must be submitted to the Director per storm 
event sampled. Signed copies of Discharge Monitoring Reports, or said 
certifications, shall be submitted to the Director of the NPDES program 
at the address of the appropriate Regional Office listed in Part VI.G. 
of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
TSDFs with at least one storm water discharge associated with 
industrial activity through a large or medium municipal separate storm 
sewer system (systems serving a population of 100,000 or more) must 
submit signed copies of discharge monitoring reports to the operator of 
the municipal separate storm sewer system in accordance with the dates 
provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a representative 
storm water discharge associated with industrial activity from each 
outfall, except discharges exempted below. The examination must be made 
at least once in each of the following periods: January through March, 
April through June, July through September, and October through 
December during daylight hours unless there is insufficient rainfall or 
snow melt to produce a runoff event.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and 

[[Page 51180]]
unstaffed site, the operator of the facility may exercise a waiver of 
the monitoring requirement as long as the facility remains inactive and 
unstaffed. The facility must maintain a certification with the 
pollution prevention plan stating that the site is inactive and 
unstaffed so that performing visual examinations during a qualifying 
event is not feasible.

L. Storm Water Discharges Associated With Industrial Activity From 
Landfills and Land Application Sites

1. Discharges Covered Under This Section
    a. Coverage. The requirements listed under this section shall apply 
to storm water discharges associated with industrial activity from 
waste disposal at landfills and land application sites that receive or 
have received industrial wastes. Landfill and land application 
operators that have storm water discharges from other types of 
industrial activities such as vehicle maintenance, truck washing, and/
or recycling may be subject to additional requirements specified 
elsewhere in this permit.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    b. Limitations. Storm water discharges associated with industrial 
activities from inactive landfills and land application sites occurring 
on Federal lands where an operator cannot be identified are ineligible 
for coverage under this permit.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
broad non-storm water prohibition in Part III.A of today's permit, the 
discharge of leachate and vehicle and equipment washwaters to waters of 
the United States or a municipal separate storm sewer system is not 
authorized by this permit. Operators with such discharges must obtain 
coverage under a separate NPDES permit (other than this permit). 
Discharges from open dumps as defined under RCRA are also not 
authorized under this permit (e.g., leachate, runoff).
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutant to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations of 
active and closed landfill cells or trenches, locations of active and 
closed land application areas, locations of any known leachate springs 
or other areas where uncontrolled leachate may commingle with runoff, 
locations of any leachate collection and handling systems, locations 
where major spills or leaks identified under Part XI.L.3.a.(2)(c) 
(Spills and Leaks) of this permit have occurred, and locations of the 
following activities where such activities are exposed to 
precipitation: fueling station, vehicle and equipment maintenance and/
or cleaning areas, and waste and other significant material loading/
unloading and storage areas. The map must indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemicals; quantities of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and the history 
of significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, or disposed of 
in a manner to allow exposure to storm water between the time of 3 
years prior to the date of the submission of a Notice of Intent (NOI) 
to be covered under this permit and the present; method and location of 
onsite storage or disposal; materials management practices employed to 
minimize contact of materials with storm water runoff between the time 
of 3 years prior to the date of submission of a Notice of Intent (NOI) 
to be covered under this permit and the present; the location and a 
description of existing structural and nonstructural control measures 
to reduce pollutants in storm water runoff; and a description of any 
treatment the storm water receives. The inventory of exposed materials 
shall include, but shall not be limited to the significant material 
management practices employed.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water of sampling data collected during 
the term of this permit. Permittees shall also provide all available 
sampling data for leachate generated at the site.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--Include a narrative description of potential 

[[Page 51181]]
pollutant sources associated with any of the following, providing they 
occur at the facility: fertilizer, herbicide and pesticide application; 
earth/soil moving; waste hauling and loading/unloading; outdoor storage 
of significant materials including daily, interim and final cover 
material stockpiles as well as temporary waste storage areas; exposure 
of active and inactive landfill and land application areas; 
uncontrolled leachate flows; failure or leaks from leachate collection 
and treatment systems; haul roads; and vehicle tracking of sediments. 
The description shall specifically list any significant potential 
sources of pollutants at the site and for each potential source, any 
pollutant or pollutant parameter (e.g., biochemical oxygen demand, 
etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. Permittees shall consider providing protected 
materials storage areas for pesticides, herbicides, fertilizers, and 
other significant materials.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    Where applicable, permittees addressed by this section shall also: 
(1) maintain containers used for outdoor chemical and significant 
materials storage to prevent leaking or rupture; (2) maintain all 
elements of leachate collection and treatment systems to prevent 
commingling of leachate with storm water; and (3) maintain the 
integrity and effectiveness of any intermediate or final cover, 
including making repairs to the cover as necessary to minimize the 
effects of settlement, sinking, and erosion.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at 
appropriate intervals specified in the plan.
    (i) For operating landfills and land application sites, inspections 
shall be conducted at least once every 7 days. Qualified personnel 
shall inspect areas of landfills that have not yet been finally 
stabilized, active land application areas, areas used for storage of 
materials/wastes that are exposed to precipitation, stabilization and 
structural control measures, leachate collection and treatment systems, 
and locations where equipment and waste trucks enter and exit the site. 
Where landfill areas have been finally stabilized and where land 
application has been completed, or during seasonal arid periods in arid 
areas (areas with an average annual rainfall of 0 to 10 inches) and 
semiarid areas (areas with an average annual rainfall of 10 to 20 
inches), inspections will be conducted at least once every month. 
Erosion and sediment control measures shall be observed to ensure they 
are operating correctly.
    (ii) For inactive landfills and land application sites, inspections 
shall be conducted at least quarterly, and qualified personnel shall 
inspect: landfill stabilization and structural erosion control measures 
and leachate collection and treatment systems, and all closed land 
application areas.
    A set of tracking or follow-up procedures shall be used to ensure 
that appropriate actions are taken in response to the inspections. The 
pollution prevention plan shall be revised to address any problems 
found during inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as conducting inspections, spill 
response, good housekeeping, conducting inspections and material 
management practices. The pollution prevention plan shall identify 
periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan. Landfill 
operators shall provide for a tracking system for the types of wastes 
disposed of in each cell or trench of a landfill. Land application site 
operators shall track the types and quantities of wastes applied in 
specific areas.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water discharges 
including leachate and vehicle wash waters. The certification shall 
include the identification of potential significant sources of non-
storm water at the site, a description of the results of any test and/
or evaluation for the presence of non-storm water discharges, the 
evaluation criteria or testing method used, the date of any testing 
and/or evaluation, and the onsite drainage points that were directly 
observed during the test. Certifications shall be signed in accordance 
with Part VII.G. of this permit. Such certification may not be feasible 
if the facility operating the storm water discharge associated with 
industrial activity does not have access to an outfall, manhole, or 
other point of access to the ultimate conduit which receives the 
discharge. In such cases, the source identification section of the 
storm water pollution prevention plan shall indicate why the 
certification required by this part was not feasible, along with the 
identification of potential significant sources of non-storm water at 
the site. A discharger that is unable to provide the certification 
required by this paragraph must notify the Director in accordance with 
paragraph XI.L.3.a.(3)(g)(iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 

[[Page 51182]]
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 180 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date of permit 
issuance], 180 days after submitting an NOI to be covered by this 
permit. If the failure to certify is caused by the inability to perform 
adequate tests or evaluations, such notification shall describe: the 
procedure of any test conducted for the presence of non-storm water 
discharges; the results of such test or other relevant observations; 
potential sources of non-storm water discharges to the storm sewer; and 
why adequate tests for such storm sewers were not feasible. Non-storm 
water discharges to waters of the Unites States which are not 
authorized by an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    Landfill operators shall provide for temporary stabilization of 
materials stockpiled for daily, intermediate and final cover. 
Stabilization practices to consider include, but are not limited to, 
temporary seeding, mulching, and placing geotextiles on the inactive 
portions of the stockpiles.
    Landfill operators shall provide for temporary stabilization of 
inactive areas of the landfill which have an intermediate cover but no 
final cover.
    Landfill operators shall provide for temporary stabilization of any 
landfill areas which have received a final cover until vegetation has 
established itself. Land application site operators shall also 
stabilize areas where waste application has been completed until 
vegetation has been established.
    (i) Management of Runoff--The plan shall also contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.L.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures may include: silt fences, 
earth dikes, gradient terraces, drainage swales, sediment traps, check 
dams, pipe slope drains, level spreaders, storm drain inlet protection, 
rock outlet protection, reinforced soil retaining systems, gabions and 
temporary or permanent sediment basins, or other equivalent measures. 
Structural practices should be placed on upland soils as practicable.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity at landfill and land application sites shall be 
visually inspected for evidence of, or the potential for, pollutants 
entering the drainage system. Measures to reduce pollutant loadings 
shall be evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, and other 
structural pollution prevention measures identified in the plan shall 
be observed to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.L.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.L.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan for at least 3 years from the date of the 
evaluation. The report shall identify any incidents of noncompliance. 
Where a report does not identify any incidents of noncompliance, the 
report shall contain a certification that the facility is in compliance 
with the storm water pollution prevention plan and this permit. The 
report shall be signed in accordance with Part VII.G. (Signatory 
Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    (a) Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with landfill/land application sites must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Landfill/land application sites are required to monitor their storm 
water discharges for the pollutants of concern listed in Table L-1 
below. Facilities must report in accordance with 5.b. (Reporting). In 
addition to the parameters listed in Table L-1 below, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled.

                                                                        

[[Page 51183]]
              Table L-1.--Industry Monitoring Requirements              
------------------------------------------------------------------------
              Pollutants of concern                Cut-off concentration
------------------------------------------------------------------------
Total Suspended Solids (TSS) i...................  100 mg/L             
Total Recoverable Iron ii........................  1.0 mg/L             
------------------------------------------------------------------------
i Applicable to all landfill and land application sites.                
ii Applicable to all facilities except MSWLF areas closed in accordance 
  with 40 CFR 258.60 requirements.                                      


    (1) Monitoring Periods. Landfill/land application sites shall 
monitor samples collected during the sampling periods of: January 
through March, April through June, July through September, and October 
through December for the years specified in paragraph a (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable, permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable (e.g., 
drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table L-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph (b) below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity, that are located in areas of the 
facility within the drainage area of the outfall are not presently 
exposed to storm water and are not expected to be exposed to storm 
water for the certification period. Such certification must be retained 
in the storm water pollution prevention plan, and submitted to EPA in 
accordance with Part VI.C. of the fact sheet to this permit. In the 
case of certifying that a pollutant is not present, the permittee must 
submit the certification along with the monitoring reports required 
under paragraph (b) below. If the permittee cannot certify for an 
entire period, they must submit the date exposure was eliminated and 
any monitoring required up until that date. This certification option 
is not applicable to compliance monitoring requirements associated with 
effluent limitations.
    (b) Reporting. Permittees with landfill/land application sites 
shall submit monitoring results for each outfall associated with 
industrial activity [or a certification in accordance with Sections 
(3), (4), or (5) above] obtained during the reporting period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the following March [insert 
the date 2 years after permit issuance]. Monitoring results [or a 
certification in accordance with Sections (3), (4), or (5) above] 
obtained during the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance] 
shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March. For each outfall, one 
Discharge Monitoring 

[[Page 51184]]
Report form must be submitted per storm event sampled. Signed copies of 
Discharge Monitoring Reports, or said certifications, shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office listed in Part VI.G. of the fact sheet to 
this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above) 
landfill/land application sites, with at least one storm water 
discharge associated with industrial activity through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system in 
accordance with the dates provided in paragraph b (above).
    (c) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (1) below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; October through December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to conduct a visual examination as 
a result of adverse climatic conditions, the discharger must document 
the reason for not performing the visual examination and retain this 
documentation onsite with the records of the visual examination. 
Adverse weather conditions which may prohibit the collection of samples 
include weather conditions that create dangerous conditions for 
personnel (such as local flooding, high winds, hurricane, tornadoes, 
electrical storms, etc.) or otherwise make the collection of a sample 
impracticable (drought, extended frozen conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
6. Definition
    ``Inactive Landfill''-- For the purposes of this permit, a landfill 
is considered inactive when, on a permanent basis, it will no longer 
receive waste and has completed closure in accordance with any 
applicable Federal, State, and/or local requirements.

M. Storm Water Discharges Associated With Industrial Activity From 
Automobile Salvage Yards

1. Discharges Covered Under This Section
    The requirements of this section apply to point source discharges 
of storm water associated with industrial activity from facilities 
engaged in dismantling or wrecking used motor vehicles for parts 
recycling or resale and for scrap (Standard Industrial Classification 
(SIC) Code 5015).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Storm Water Pollution Prevention Plan Requirements
    (a.) Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each storm water 
pollution prevention plan must describe industrial activities, 
significant 

[[Page 51185]]
materials, and physical features of the facility that may contribute to 
storm water runoff or, during periods of dry weather, result in dry 
weather flows. Plans must include the following elements:
    (a) Site Map--The plan must contain a map of the site that shows 
structural features that control pollutants in storm water runoff 
4 and process wastewater discharges, surface water bodies 
(including wetlands), places where significant materials 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 must also 
indicate the flow direction of storm water runoff. The location of each 
storm water outfall associated with an industrial activity, as well as 
an outline of the drainage area for each storm water outfall and an 
indication of the types of discharges in each drainage area must be 
indicated. The map must indicate the location of each monitoring point. 
The map must include an estimation (in acres) of the total area used 
for industrial activity including, but not limited to, dismantling, 
storage, and maintenance of used motor vehicles and motor vehicle 
parts. The map must also indicate the location of the following 
activities where such activities are exposed to precipitation: vehicle 
storage areas; dismantling areas; parts storage areas, including engine 
blocks, tires, hub caps, batteries, hoods, and mufflers; fueling 
stations; vehicle and equipment maintenance areas; cleaning areas 
(parts, vehicles, and/or equipment); loading and unloading areas; 
locations used for the treatment, storage, and disposal of wastes; and 
liquid storage tanks and drums for fuel and other fluids.

    \4\ Features such as grass swales and vegetative buffer strips 
also should be shown.
---------------------------------------------------------------------------

    (b) Inventory of Potential Pollutant Sources--Facility operators 
are required to carefully conduct an inspection of the site to identify 
significant materials exposed to precipitation that may contribute 
pollutants to storm water discharges. 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 storm water runoff; existing structural controls that 
prohibit/control process wastewater discharges; and any treatment the 
runoff receives before it is discharged to surface waters or through 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. This list shall be updated 
as appropriate during the term of the permit.
    (d) Sampling Data--Any existing data or data collected during the 
term of this permit describing the quality or quantity of storm water 
discharges from the facility must be summarized in the plan. 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.
    (e) Summary of Potential Pollutant Sources--The description of 
potential pollution sources 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 discharges. Any such industrial activities, significant 
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 potential for the following 
activities to contribute pollutants: vehicle storage areas; dismantling 
areas; parts storage areas, including engine blocks, tires, hub caps, 
batteries, and hoods; fueling stations; vehicle and equipment 
maintenance areas; cleaning areas (parts and vehicles and/or 
equipment); loading/unloading areas; locations used for the treatment, 
storage, and disposal of wastes; and liquid storage tanks and drums for 
fuel and other fluids.
    The assessment must identify the pollutant parameter or parameters 
(i.e., copper, iron, lead, oil and grease, total suspended solids, 
etc.) associated with each pollutant source.
    (3) Measures and Controls. Following completion of the source 
identification and assessment phase, the permittee must 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.
    The pollution prevention plan must discuss the reasons each 
selected control or practice is appropriate for the facility and how 
each will address the potential sources of storm water pollution. 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.
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--The preventive maintenance program 
shall schedule periodic inspections and ensure appropriate maintenance 
of storm water management devices and facility equipment and systems. 
This program will address conditions that could cause breakdowns or 
failures resulting in the discharge of pollutants to surface waters. 
The maintenance program shall include periodic removal of debris from 
discharge diversions, conveyance systems, and impoundments/ponds. These 
activities should be conducted in the spring, after snow melt, and 
during the fall season. Maintenance schedules for sedimentation/
impoundments must be provided in the pollution prevention plan.
    (c) Spill and Leak Prevention and Response Procedures--Areas where 
potential spills which can contribute 

[[Page 51186]]
pollutants to storm water discharges can occur, and their accompanying 
drainage points shall be identified clearly in the storm water 
pollution prevention plan. Where appropriate, specifying material 
handling procedures, storage requirements, and use of equipment such as 
diversion valves in the plan should be considered. Procedures for 
cleaning up spills shall be identified in the plan and made available 
to the appropriate personnel. The necessary equipment to implement a 
clean up should be available to personnel. After clean up from a spill, 
absorbents must be promptly placed in containers for proper disposal. 
All vehicles that are intended to be dismantled must be properly 
drained of all fluids upon arrival at the site, or as soon as feasible 
thereafter, or other equivalent means must be taken to prevent leaks or 
spills of such fluids.
    (d) Inspections--Upon arrival at the site, or as soon as feasible 
thereafter, vehicles must be inspected for leaks. Any equipment 
containing oily parts, hydraulic fluids, or any other types of fluids 
shall be inspected at least quarterly (four times per year) for signs 
of leaks. Any outdoor storage of fluids including, but not limited to, 
brake fluid, transmission fluid, radiator water, and antifreeze, must 
be inspected at least quarterly for leaks. All outdoor liquid storage 
containers (e.g., tanks, drums) must be inspected at least quarterly 
for leaks.
    Qualified facility personnel are required to conduct quarterly 
visual inspections of BMPs. The inspections shall include: (1) An 
assessment of the integrity of storm water flow diversion and source 
minimization systems; (2) visual inspections of dismantling areas, 
vehicle and equipment maintenance areas, vehicle, equipment, and parts 
cleaning and storage areas, and other potential sources of pollution 
for evidence of actual or potential pollutant discharges of 
contaminated storm water.
    Inspections shall be conducted in each of the following periods: 
January through March; April through June; July through September; and 
October through December.
    Reports of the quarterly inspections (or more frequent if 
appropriate) shall be retained as part of the plan. Based on the 
results of each inspection the plan must be revised as appropriate 
within 2 weeks after each inspection. Changes in the measures and 
controls must be implemented on the site in a timely manner, and never 
more than 12 weeks after completion of the inspection.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. The 
pollution prevention plan shall include a schedule for training. 
Employee training must, at a minimum, address the following areas when 
applicable to a facility: proper handling (collection, storage, and 
disposal) of oil, used mineral spirits, anti-freeze, and solvents; 
spill prevention and response; fueling procedures; good housekeeping 
practices; and used battery management.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents such as spills, or other discharges, along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. The 
permittee must describe procedures for developing and retaining records 
on the status and effectiveness of plan implementation. The plan must 
address monitoring, and BMP inspection and maintenance activities. 
Ineffective BMPs must be reported and the date of their corrective 
action noted.

(g) Non-storm Water Discharges

    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with Part XI.M.2.b.(3)(g)(iii) 
(Failure to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion. 
Permittees must consider measures to maximize stabilization of 
industrial areas using vegetative cover, gravel, impervious surfaces or 
other appropriate measures.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide measures that the permittee determines to be reasonable and 
appropriate and shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity (see Part XI.M.2.a.(2) 
(Description of Potential Pollutant Sources) of this permit) shall be 
considered when determining reasonable and appropriate measures. 
Appropriate measures may include: 

[[Page 51187]]
vegetative swales and practices, reuse of collected storm water (such 
as for a process or as an irrigation source), inlet controls (such as 
oil/water separators), snow management activities, infiltration 
devices, wet detention/retention devices, or other equivalent measures. 
In addition, the permittee must describe the storm water pollutant 
source area or activity (e.g., dismantling area, storage area, cleaning 
operations) to be controlled by each storm water management practice.
    The plan must consider management practices, such as berms or 
drainage ditches on the property line, that may be used to prevent 
runon from neighboring properties. Berms must be considered for 
uncovered outdoor storage of oily parts, engine blocks, and above 
ground liquid storage. The installation of detention ponds must also be 
considered. The permittee shall consider the installation of a 
filtering device to receive runoff from industrial areas. The 
installation of oil/water separators must also be considered.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct comprehensive site compliance evaluations at appropriate 
intervals specified in the plan, but in no case less than once a year. 
The storm water pollution prevention plan must describe the scope and 
content of 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. The individual or individuals who will 
conduct the evaluations must be identified in the plan and should be 
members of the pollution prevention team. Such evaluations shall 
provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.M.2.a.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.M.2.a.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.M.2.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
3. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
4. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees operating automobile salvage yards must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 4.a.(3) (Sampling Waiver), 4.a.(4) 
(Representative Discharge), and 4.a.(5) (Alternative Certification). 
Automobile salvage yards are required to monitor their storm water 
discharges for the pollutants of concern listed in Table M-1 below. 
Facilities must report in accordance with 5.b. (Reporting). In addition 
to the parameters listed in Table M-1 below, the permittee shall 
provide the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.

                   Table M-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                             Monitoring 
                                                              cut-off   
                  Pollutants of concern                    concentration
                                                               (mg/L)   
------------------------------------------------------------------------
Total Suspended Solids...................................     100       
Total Recoverable Aluminum...............................       0.75    
Total Recoverable Iron...................................       1.0     
Total Recoverable Lead...................................       0.0816  
------------------------------------------------------------------------

    (1) Monitoring Periods. Automobile salvage yards shall monitor 
samples collected during the sampling periods of: January through 
March, April through June, July through September, and October through 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 

[[Page 51188]]
discharge before it mixes with the non-storm water discharge.

(3) Sampling Waiver

    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable (e.g., 
drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table M-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in the area of the facility which drains 
to the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under b below, under penalty of 
law, signed in accordance with Part VII.G. (Signatory Requirements), 
that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, or significant materials from past 
industrial activity, that are located in areas of the facility within 
the drainage area of the outfall are not presently exposed to storm 
water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and conduct any monitoring required up 
until that date. This certification option is not applicable to 
compliance monitoring requirements associated with effluent 
limitations.
    b. Reporting. Permittees with automobile salvage yards shall submit 
monitoring results for each outfall associated with industrial activity 
[or a certification in accordance with Sections (3), (4), or (5) above] 
obtained during the reporting period beginning [insert date 1 year 
after permit issuance] lasting through [insert date 2 years after 
permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March [insert the date 2 years 
after permit issuance]. Monitoring results (or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
period beginning [insert date 3 years after permit issuance] lasting 
through [insert date 4 years after permit issuance] shall be submitted 
on Discharge Monitoring Report Form(s) postmarked no later than the 
31st day of the following March. For each outfall, one signed Discharge 
Monitoring Report Form must be submitted per storm event sampled. 
Signed copies of Discharge Monitoring Reports, or said certifications, 
shall be submitted to the Director of the NPDES program at the address 
of the appropriate Regional Office listed in Part VI.C. of the fact 
sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
automobile salvage yards with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. All 
automobile salvage yard facilities shall perform and document a visual 
examination of a storm water discharge associated with industrial 
activity from each outfall, except discharges exempted below. The 
examination(s) must be made at least once in each of the following 3-
month periods: January through March, April through June, July through 
September, and October through December. The examination shall be made 
during daylight hours unless there is insufficient rainfall or snow 
melt to produce a runoff event.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event 

[[Page 51189]]
that is greater than 0.1 inches in magnitude and that occurs at least 
72 hours from the previously measurable (greater than 0.1 inch 
rainfall) storm event. Where practicable, the same individual should 
carry out the collection and examination of discharges for the entire 
permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (e.g., drought, extended 
frozen conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
5. Retention of Records
    The permittee shall retain records of all inspections and 
monitoring information, including certification reports, noncompliance 
reports, calibration and maintenance records and all original strip 
chart recordings for continuous monitoring instrumentation, copies of 
all reports, and supporting data, requested by the permitting authority 
for at least 3 years after the date of the inspection or monitoring 
event.

N. Storm Water Discharges Associated With Industrial Activity From 
Scrap Recycling and Waste Recycling Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section are applicable to storm 
water discharges from the following activities: facilities that are 
engaged in the processing, reclaiming and wholesale distribution of 
scrap and waste materials such as ferrous and nonferrous metals, paper, 
plastic, cardboard, glass, animal hides (these types of activities are 
typically identified as SIC code 5093). Facilities that are engaged in 
reclaiming and recycling liquid wastes such as used oil, antifreeze, 
mineral spirits, and industrial solvents (also identified as SIC code 
5093) are also covered under this section. Separate permit requirements 
have been established for recycling facilities that only receive 
source-separated recyclable materials primarily from non-industrial and 
residential sources (also identified as SIC 5093) (e.g., common 
consumer products including paper, newspaper, glass, cardboard, plastic 
containers, aluminum and tin cans). This includes recycling facilities 
commonly referred to as material recovery facilities (MRF).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions

a. Prohibition of Non-storm Water Discharges

    (1) Except as provided in paragraph XI.N.2.b., all discharges 
covered by this permit shall be composed entirely of storm water. Non 
storm water discharges from turnings containment areas are not covered 
under this permit.
    (a) Except as provided in paragraph XI.N.2.b. (below), discharges 
of material other than storm water to waters of the United States, or 
through municipal separate storm sewer systems, are not authorized by 
this permit. The operators of such discharges must obtain coverage 
under a separate National Pollutant Discharge Elimination System 
(NPDES) permit (other than this permit) issued for the discharge.
    (b) The following non-storm water discharges are authorized by this 
permit provided the non-storm water component of the discharge is in 
compliance with paragraph XI.N.3.a.(3) (Measures and Controls for Storm 
Water Discharges): discharges from fire fighting activities; fire 
hydrant flushing; potable water sources including waterline flushings; 
irrigation drainage; lawn watering; routine external building washdown 
which does not use detergents or other compounds; pavement washwaters 
where spills or leaks of toxic or hazardous materials have not occurred 
(unless all spilled materials have been removed) and where detergents 
are not used; air conditioning condensate; springs; and uncontaminated 
ground water.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The following general requirements for the 
storm water pollution prevention plan are applicable to activities 
which reclaim and recycle either recyclable nonliquid and liquid waste 
materials. In addition to the general requirements, Paragraph 
XI.N.3.a.(3)(a) (below) identifies special requirements for scrap 
recycling and waste recycling facilities (nonsource-separated 
facilities) that handle nonliquid wastes. Paragraph XI.N.3.a.(3)(b) 
(below) identifies special 

[[Page 51190]]
requirements for waste recycling facilities that handle only liquid 
wastes. Paragraph XI.N.3.a.(3)(c) identifies special requirements for 
recycling facilities, including MRFs, that receive only source-
separated recyclable materials primarily from non-industrial and 
residential sources. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources or, during periods of dry 
weather, result in dry weather flows. Each plan shall include, at a 
minimum:

(a) Drainage

    (i) A site map indicating the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls, an outline 
of the portions of the drainage area of each storm water outfall that 
are within the facility boundaries, each existing structural control 
measure to reduce pollutants in storm water runoff, surface water 
bodies (including wetlands), locations where significant materials are 
exposed to precipitation including scrap and waste material storage and 
outdoor scrap and waste processing equipment, locations where major 
spills or leaks identified in paragraph XI.N.3.a.(2)(c) of this section 
have occurred, and the locations of the following activities where such 
activities are exposed to precipitation: fueling stations, vehicle and 
equipment maintenance and/or cleaning areas, loading/unloading areas, 
locations used for the treatment, storage or disposal of wastes, 
material storage (including tanks or other vessels used for liquid or 
waste storage). Scrap recycling facilities that handle turnings that 
have been previously exposed to cutting fluids will delineate these 
containment areas as required in paragraph XI.N.3.a.(iii). The site map 
must also identify monitoring locations.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff; the 
location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and leaks of 
toxic or hazardous pollutants that occurred at areas that are exposed 
to precipitation or that otherwise drain to a storm water conveyance at 
the facility after the date of 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 the Clean Water Act (CWA) (see 40 CFR 110.10 and 117.21) 
or Section 102 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) (see 40 CFR 302.4). Such a list 
shall be updated as appropriate during the term of the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of potential pollutant sources from 
the following activities: loading and unloading operations; outdoor 
storage activities, outdoor processing activities; significant dust or 
particulate generating processes and onsite waste disposal practices. 
The description shall specifically list any significant potential 
source of pollutants at the site and for each potential source, any 
pollutant or pollutant parameter (e.g., Chemical Oxygen Demand (COD), 
oil and grease, Total Suspended Solids (TSS), zinc, lead, copper, etc.) 
of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls for scrap recycling and 
waste recycling facilities (nonsource-separated, nonliquid recyclable 
materials), waste recycling facilities (recyclable liquid wastes), and 
recycling facilities (source-separated materials) are identified in 
Parts XI.N.3.a.(3)(a), XI.N.3.a.(3)(b), and XI.N.3.a.(3)(c), 
respectively. At a minimum, the description shall also include a 
schedule for implementing such controls:
    (a) Scrap and Waste Recycling Facilities (nonsource-separated, 
nonliquid recyclable wastes)--The following special conditions have 
been established for the pollution prevention plan for those scrap and 
waste recycling facilities that receive, process and provide wholesale 
distribution of nonliquid recyclable wastes, (e.g., ferrous and 
nonferrous metals, plastics, glass, cardboard, and paper). This section 
of the permit is intended to distinguish waste recycling facilities 
that receive both nonrecyclable and recyclable materials from those 
recycling facilities that only accept recyclable materials primarily 
from non-industrial and residential sources. Under the description of 
measures and controls in the storm water pollution prevention plan, the 
plan will address all areas that have a reasonable potential to 
contribute pollutants to storm water discharges and will be maintained 
in a clean and orderly manner. At a minimum, the plan will address the 
following activities and areas within the plan:
    (i) Inbound Recyclable and Waste Material Control Program--The plan 
shall include a recyclable and waste material inspection program to 

[[Page 51191]]
minimize the likelihood of receiving materials that may be significant 
pollutant sources to storm water discharges. At a minimum, the plan 
shall address the following:
    (a) Provision of information/education (flyers, brochures and 
pamphlets) to encourage suppliers of scrap and recyclable waste 
materials to drain residual fluids, whenever applicable, prior to its 
arrival at the facility. This includes vehicles and equipment engines, 
radiators, and transmissions, oil-filled transformers, and individual 
containers or drums;
    (b) Activities which accept scrap and materials that may contain 
residual fluids, e.g., automotive engines containing used oil, 
transmission fluids, etc., shall describe procedures to minimize the 
potential for these fluids from coming in contact with either 
precipitation or runoff. The description shall also identify measures 
or procedures to properly store, handle and dispose of these residual 
fluids;
    (c) Procedures pertaining to the acceptance of scrap lead-acid 
batteries. Additional requirements for the handling, storage and 
disposal or recycling of batteries shall be in conformance with 
conditions for a scrap lead-acid battery program, see paragraph 
XI.N.3.a.(3)(a)(vi) (below);
    (d) A description of training requirements for those personnel 
engaged in the inspection and acceptance of inbound recyclable 
materials.
    (e) Liquid wastes, including used oil, shall be stored in 
materially compatible and nonleaking containers and disposed or 
recycled in accordance with all requirements under the Resource 
Recovery and Conservation Act (RCRA), and other State or local 
requirements.
    (ii) Scrap and Waste Material Stockpiles/Storage (outdoors)--The 
plan shall address areas where significant materials are exposed to 
either storm water runoff or precipitation. The plan must describe 
those measures and controls used to minimize contact of storm water 
runoff with stockpiled materials, processed materials and nonrecyclable 
wastes. The plan should include measures to minimize the extent of 
storm water contamination from these areas. The operator may consider 
the use of permanent or semipermanent covers, or other similar forms of 
protection over stockpiled materials where the operator determines that 
such measures are reasonable and appropriate. The operator may consider 
the use of sediment traps, vegetated swales and strips, to facilitate 
settling or filtering out of pollutants. The operator shall consider 
within the plan the use of the following BMPs (either individually or 
in combination) or their equivalent to minimize contact with storm 
water runoff:
    (a) Promoting the diversion of runoff away from these areas through 
such practices as dikes, berms, containment trenches, culverts and/or 
surface grading;
    (b) Media filtration such as catch basin filters and sand filters; 
and,
    (c) Silt fencing; and,
    (d) Oil/water separators, sumps and dry adsorbents in stockpile 
areas that are potential sources of residual fluids, e.g., automotive 
engine storage areas.
    (iii) Stockpiling of Turnings Previously Exposed to Cutting Fluids 
(outdoors)--The plan shall address all areas where stockpiling of 
industrial turnings previously exposed to cutting fluids occurs. The 
plan shall implement those measures necessary to minimize contact of 
surface runoff with residual cutting fluids. The operator shall 
consider implementation of either of the following two alternatives or 
a combination of both or equivalent measures:
    (a) Alternative 1: Storage of all turnings previously exposed to 
cutting fluids under some form of permanent or semi-permanent cover. 
Discharges of residual fluids from these areas to the storm sewer 
system in the absence of a storm event is prohibited. Discharges to the 
storm sewer system as a consequence of a storm event is permitted 
provided the discharge is first directed through an oil/water separator 
or its equivalent. Procedures to collect, handle, and dispose or 
recycle residual fluids that may be present shall be identified in the 
plan, or,
    (b) Alternative 2: Establish dedicated containment areas for all 
turnings that have been exposed to cutting fluids where runoff from 
these areas is directed to a storm sewer system, providing the 
following:
    (i) containment areas constructed of either concrete, asphalt or 
other equivalent type of impermeable material;
    (ii) a perimeter around containment areas to prevent runoff from 
moving across these areas. This would include the use of shallow berms, 
curbing, or constructing an elevated pad or other equivalent measure;
    (iii) a suitable drainage collection system to collect all runoff 
generated from within containment areas. At a minimum, the drainage 
system shall include a plate-type oil/water separator or its 
equivalent. The oil/water separator or its equivalent shall be 
installed according to the manufacturer's recommended specifications, 
whenever available, specifications will be kept with the plan.
    (iv) a schedule to maintain the oil/water separator (or its 
equivalent) to prevent the accumulation of appreciable amounts of 
fluids. In the absence of a storm event, no discharge from containment 
areas to the storm sewer system are prohibited unless covered by a 
separate NPDES permit;
    (v) identify procedures for the proper disposal or recycling of 
collected residual fluids.
    (iv) Scrap and Waste Material Stockpiles/Storage (covered or indoor 
storage)--The plan shall address measures and controls to minimize 
residual liquids and accumulated particulate matter, originating from 
scrap and recyclable waste materials stored indoors or under cover, 
from coming in contact with surface runoff. The operator shall consider 
including in the plan the following or equivalent measures:
    (a) Good housekeeping measures, including the use of dry absorbent 
or wet vacuum clean up methods, to collect, handle, store and dispose 
or recycle residual liquids originating from recyclable containers, 
e.g., beverage containers, paint cans, household cleaning products 
containers, etc.;
    (b) Prohibiting the practice of allowing washwater from tipping 
floors or other processing areas from discharging to any portion of a 
storm sewer system;
    (c) Disconnecting or sealing off all existing floor drains 
connected to any portion of the storm sewer system.
    (v) Scrap and Recyclable Waste Processing Areas--The plan shall 
address areas where scrap and waste processing equipment are sited. 
This includes measures and controls to minimize surface runoff from 
coming in contact with scrap processing equipment. In the case of 
processing equipment that generate visible amounts of particulate 
residue, e.g., shredding facilities, the plan shall describe good 
housekeeping and preventive maintenance measures to minimize contact of 
runoff with residual fluids and accumulated particulate matter. At a 
minimum, the operator shall consider including in the plan the 
following or other equivalent measures:
    (a) A schedule of periodic inspections of equipment for leaks, 
spills, malfunctioning, worn or corroded parts or equipment;
    (b) Preventive maintenance program to repair and/or maintain 
processing equipment;

[[Page 51192]]

    (c) Measures to minimize shredder fluff from coming in contact with 
surface runoff;
    (d) Use of dry-absorbents or other cleanup practices to collect and 
to dispose or recycle spilled or leaking fluids;
    (e) Installation of low-level alarms or other equivalent protection 
devices on unattended hydraulic reservoirs over 150 gallons in 
capacity. Alternatively, provide secondary containment with sufficient 
volume to contain the entire volume of the reservoir.
    The operator shall consider employing the following additional BMPs 
or equivalent measures: diversion structures such as dikes, berms, 
culverts, containment trenches, elevated concrete pads, grading to 
minimize contact of storm water runoff with outdoor processing 
equipment; oil/water separators, sumps or equivalent, in processing 
areas that are potential sources of residual fluids and grease; 
permanent or semipermanent covers, or other similar measures; retention 
and detention basins or ponds, sediment traps or vegetated swales and 
strips, to facilitate settling or filtering out of pollutants in runoff 
from processing areas; or media filtration such as catch basin filters 
and sand filters.
    (vi) Scrap Lead-Acid Battery Program--The plan shall address 
measures and controls for the proper handling, storage and disposition 
of scrap lead-acid batteries (note. this permit does apply to the 
reclaiming of scrap lead-acid batteries, i.e., breaking up battery 
casings to recover lead). The operator shall consider including in the 
plan the following or equivalent measures:
    (a) Segregating all scrap lead-acid batteries from other scrap 
materials;
    (b) A description of procedures and/or measures for the handling, 
storage and proper disposal of cracked or broken batteries;
    (c) A description of measures to collect and dispose of leaking 
battery fluid (lead-acid);
    (d) A description of measures to minimize and, whenever possible, 
eliminate exposure of scrap lead-acid batteries to precipitation or 
runoff; and
    (e) A description of employee training for the management of scrap 
batteries.
    (vii) Erosion and Sediment Control--The plan shall identify all 
areas associated with industrial activity that have a high potential 
for soil erosion and suspended solids loadings, i.e., areas that tend 
to accumulate significant particulate matter. Appropriate source 
control, stabilization measures, nonstructural, structural controls or 
an equivalent shall be provided in these areas. The plan shall also 
contain a narrative discussion of the reason(s) for selected erosion 
and sediment controls. At a minimum, the operator shall consider in the 
plan, either individually or in combination, the following erosion and 
sediment control measures:
    (a) Filtering or diversion practices, such as filter fabric fence, 
sediment filter boom, earthen or gravel berms, curbing or other 
equivalent measure,
    (b) Catch basin filters, filter fabric fence, or equivalent 
measure, place in or around inlets or catch basins that receive runoff 
from scrap and waste storage areas, and processing equipment; or
    (c) Sediment traps, vegetative buffer strips, or equivalent, to 
remove sediment prior to discharge through an inlet or catch basin.
    (viii) Structural Controls for Sediment and Erosion Control--In 
instances where significant erosion and suspended solids loadings 
continue after installation of one or more of the BMPs identified in 
paragraph XI.N.3.a.(3)(a)(vii) (above), the operator shall consider 
providing in the plan for a detention or retention basin or other 
equivalent structural control. All structural controls shall be 
designed using good engineering practice. All structural controls and 
outlets that are likely to receive discharges containing oil and grease 
must include appropriate measures to minimize the discharge of oil and 
grease through the outlet. This may include the use of an absorbent 
boom or other equivalent measures.
    Where space limitations (e.g., obstructions caused by permanent 
structures such as buildings and permanently-sited processing equipment 
and limitations caused by a restrictive property boundary) prevent the 
siting of a structural control, i.e., retention basin, such a 
determination will be noted in the plan. The operator will identify in 
the plan what existing practices shall be modified or additional 
measures shall be undertaken to minimize erosion and suspended sediment 
loadings in lieu of a structural BMP.
    (ix) Spill Prevention and Response Procedures--To prevent or 
minimize storm water contamination at loading and unloading areas, and 
from equipment or container failures, the operator shall consider 
including in the plan the following practices:
    (a) Description of spill prevention and response measures to 
address areas that are potential sources of leaks or spills of fluids;
    (b) Leaks and spills should be contained and cleaned up as soon as 
possible. If malfunctioning equipment is responsible for the spill or 
leak, repairs should also be conducted as soon as possible;
    (c) Cleanup procedures should be identified in the plan, including 
the use of dry absorbent materials or other cleanup methods. Where dry 
absorbent cleanup methods are used, an adequate supply of dry absorbent 
material should be maintained onsite. Used absorbent material should be 
disposed of properly;
    (d) Drums containing liquids, including oil and lubricants, should 
be stored indoors; or in a bermed area; or in overpack containers or 
spill pallets; or in similar containment devices;
    (e) Overfill prevention devices should be installed on all fuel 
pumps or tanks;
    (f) Drip pans or equivalent measures should be placed under any 
leaking piece of stationary equipment until the leak is repaired. The 
drip pans should be inspected for leaks and checked for potential 
overflow and emptied regularly to prevent overflow and all liquids will 
be disposed of in accordance with all requirements under RCRA.
    (g) An alarm and/or pump shut off system should be installed and 
maintained on all outside equipment with hydraulic reservoirs exceeding 
150 gallons (only those reservoirs not directly visible by the operator 
of the equipment) in order to prevent draining the tank contents in the 
event of a line break. Alternatively, the equipment may have a 
secondary containment system capable of containing the contents of the 
hydraulic reservoir plus adequate freeboard for precipitation. Leaking 
hydraulic fluids should be disposed of in accordance with all 
requirements under RCRA.
    (x) Quarterly Inspection Program--A quarterly inspection shall 
include all designated areas of the facility and equipment identified 
in the plan. The inspection shall include a means of tracking and 
conducting follow up actions based on the results of the inspection. 
The inspections shall be conducted by members of the Storm Water 
Pollution Prevention team. At a minimum, quarterly inspections shall 
include the following areas: all outdoor scrap processing areas; all 
material unloading and loading areas (including rail sidings) that are 
exposed to either precipitation or storm water runoff; areas where 
structural BMPs have been installed; all erosion and sediment BMPs; 
outdoor vehicle and equipment maintenance areas; vehicle and equipment 
fueling areas; and all areas where waste is generated, received, 
stored, treated, or disposed and which are exposed to either 
precipitation or storm water runoff. 

[[Page 51193]]

    The objective of the inspection shall be identify any corroded or 
leaking containers, corroded or leaking pipes, leaking or improperly 
closed valves and valve fittings, leaking pumps and/or hose 
connections, and deterioration in diversionary or containment 
structures that are exposed to precipitation or storm water runoff.
    Spills or leaks identified during the visual inspection shall be 
immediately addressed using the procedures identified in Part 
XI.N.3.a.(3)(a)(ix) (Spill Prevention and Response Procedures). 
Structural BMPs shall be visually inspected for signs of washout, 
breakage, deterioration, damage, or overflowing and breaks shall be 
repaired or replaced as expeditiously as possible.
    (xi) Employee Training--At a minimum, storm water control training 
appropriate to their job function shall be provided for truck drivers, 
scale operators, supervisors, buyers and other operating personnel. The 
plan shall include a proposed schedule for the training. The employee 
training program shall address at a minimum: BMPs and other 
requirements of the plan; proper scrap inspection, handling and storage 
procedures; procedures to follow in the event of a spill, leak, or 
break in any structural BMP. A training and education program shall be 
developed for employees and for suppliers for implementing appropriate 
activities identified in the storm water pollution prevention plan.
    (xii) Supplier Notification--The plan shall include a supplier 
notification program that will be applicable to major suppliers and 
shall include: description of scrap materials that will not be accepted 
at the facility or that are accepted only under certain conditions.
    (b) Waste Recycling Facilities (liquid recyclable wastes)--The 
following special conditions have been established for the pollution 
prevention plan for those facilities that reclaim and recycle liquid 
wastes (e.g., used oil, antifreeze, mineral spirits, and industrial 
solvents). For these facilities, the storm water pollution prevention 
plan shall address all areas that have a reasonable potential to 
contribute pollutants to storm water discharges and will be maintained 
in a clean and orderly manner. At a minimum, the plan shall address the 
following activities and areas within the plan:
    (i) Waste Material Storage (indoors)--The plan shall address 
measures and controls to minimize/eliminate residual liquids from waste 
materials stored indoors from coming in contact with surface runoff. 
The plan may refer to applicable portions of other existing plans such 
as SPCC plans required under 40 CFR Part 112. At a minimum, the 
operator shall consider including in the plan the following:
    (a) Procedures for material handling (including labeling and 
marking);
    (b) A sufficient supply of dry-absorbent materials or a wet vacuum 
system to collect spilled or leaked materials;
    (c) An appropriate containment structure, such as trenches, 
curbing, gutters or other equivalent measures; and
    (d) A drainage system to handle discharges from diked or bermed 
areas. The drainage system should include appurtenances, (e.g., pumps 
or ejectors, manually operated valves). Drainage should be discharged 
to an appropriate treatment facility, sanitary sewer system, or 
otherwise disposed of properly. Discharges from these areas should be 
covered by a separate NPDES permit or industrial user permit under the 
pretreatment program.
    (ii) Waste Material Storage (outdoors)--The plan shall address 
areas where waste materials are exposed to either storm water runoff or 
precipitation. The plan shall include measures to provide appropriate 
containment, drainage control and other appropriate diversionary 
structures. The plan may refer to applicable portions of other existing 
plans such as SPCC plans required under 40 CFR Part 112. At a minimum, 
the plan shall describe those measures and controls used to minimize 
contact of storm water runoff with stored materials. The operator shall 
consider including in the plan the following preventative measures, or 
an equivalent:
    (a) An appropriate containment structure such as dikes, berms, 
curbing or pits, or other equivalent measures. The containment should 
be sufficient to store the volume of the largest single tank and should 
include sufficient freeboard for precipitation;
    (b) A sufficient supply of dry-absorbent materials or a wet vacuum 
system, or other equivalent measure, to collect liquids from minor 
spills and leaks in contained areas; and
    (c) Discharges of precipitation from containment areas containing 
used oil shall be in accordance with applicable sections of 40 CFR Part 
112.
    (iii) Truck and Rail Car Waste Transfer Areas--The plan shall 
describe measures and controls for truck and rail car loading and 
unloading areas. This includes appropriate containment and diversionary 
structures to minimize contact with precipitation or storm water 
runoff. The plan shall also address measures to clean up minor spills 
and/or leaks originating from the transfer of liquid wastes. This may 
include the use of dry-clean up methods, roof coverings, runoff 
controls, or other equivalent measures.
    (iv) Erosion and Sediment Control--The plan shall identify all 
areas associated with industrial activity that have a high potential 
for soil erosion. Appropriate stabilization measures, nonstructural and 
structural controls shall be provided in these areas. The plan shall 
contain a narrative consideration of the appropriateness for selected 
erosion and sediment controls. Where applicable, the facility shall 
consider the use of the following types of preventive measures: 
sediment traps; vegetative buffer strips; filter fabric fence; sediment 
filtering boom; gravel outlet protection; or other equivalent measures 
that effectively trap or remove sediment prior to discharge through an 
inlet or catch basin.
    (v) Spill Prevention and Response Procedures--The plan shall 
address measures and procedures to address potential spill scenarios 
that could occur at the facility. This includes all applicable handling 
and storage procedures, containment and/or diversion equipment, and 
clean-up procedures. The plan shall specifically address all outdoor 
and indoor storage areas, waste transfer areas, material receiving 
areas (loading and unloading), and waste disposal areas.
    (vi) Quarterly Inspections--Quarterly visual inspections shall be 
conducted by a member, or members, of the storm water pollution 
prevention team. The quarterly inspection shall include all designated 
areas of the facility and equipment identified in the plan. The 
inspection shall include a means of tracking and conducting follow up 
actions based on the results of the inspection. At a minimum, the 
inspections shall include the following areas: material storage areas; 
material unloading and loading areas (including rail sidings) that are 
exposed to either precipitation or storm water runoff; areas where 
structural BMPs have been installed; all erosion and sediment BMPs; 
outdoor vehicle and equipment maintenance areas (if applicable); 
vehicle and equipment fueling areas (if applicable); and all areas 
where waste is generated, received, stored, treated, or disposed and 
which are exposed to either precipitation or storm water runoff.
    The inspection shall identify the presence of any corroded or 
leaking containers, corroded or leaking pipes, leaking or improperly 
closed valves and valve fittings, leaking pumps and/or hose 
connections, and deterioration in diversionary or containment 
structures 

[[Page 51194]]
that are exposed to precipitation or storm water runoff. Spills or 
leaks shall be immediately addressed according to the facility's spill 
prevention and response procedures.
    (c) Recycling Facilities (source separated materials)--The 
following special conditions have been established for the pollution 
prevention plan for recycling facilities, including MRFs, that receive 
only source-separated recyclable materials primarily from non-
industrial and residential sources.
    (i) Inbound Recyclable Material Control Program. The plan shall 
include a recyclable material inspection program to minimize the 
likelihood of receiving non-recyclable materials (e.g., hazardous 
materials) that may be a significant source of pollutants in surface 
runoff. At a minimum, the operator shall consider addressing in the 
plan the following:
    (a) A description of information and education measures to educate 
the appropriate suppliers of recyclable materials on the types of 
recyclable materials that are acceptable and those that are not 
acceptable, e.g., household hazardous wastes;
    (b) A description of training requirements for drivers responsible 
for pickup of recyclable materials;
    (c) Clearly mark public drop-off containers as to what materials 
can be accepted;
    (d) Rejecting non-recyclable wastes or household hazardous wastes 
at the source; and
    (e) A description of procedures for the handling and disposal of 
non-recyclable materials.
    (ii) Outdoor Storage. The plan shall include BMPs to minimize or 
reduce the exposure of recyclable materials to surface runoff and 
precipitation. The plan, at a minimum, shall include good housekeeping 
measures to prevent the accumulation of visible quantities of residual 
particulate matter and fluids, particularly in high traffic areas. The 
plan shall consider tarpaulins or their equivalent to be used to cover 
exposed bales of recyclable waste paper. The operator shall consider 
within the plan the use of the following types of BMPs (individually or 
in combination) or their equivalent, where practicable:
    (a) Provide totally-enclosed drop-off containers for public.
    (b) Provide a sump and sump pump with each containment pit. 
Discharge collected fluids to sanitary sewer system. Prevent 
discharging to the storm sewer system;
    (c) Provide dikes and curbs for secondary containment, i.e., around 
bales of recyclable waste paper;
    (d) Divert surface runoff away from outside material storage areas; 
and/or
    (e) Provide covers over containment bins, dumpsters, roll-off 
boxes; and,
    (f) Store the equivalent one day's volume of recyclable materials 
indoors.
    (iii) Indoor Storage and Material Processing. The plan shall 
address BMPs to minimize the release of pollutants from indoor storage 
and processing areas to the storm sewer system. The plan shall 
establish specific measures to ensure that all floor drains do not 
discharge to the storm sewer system. The following BMPs shall be 
considered for inclusion in the plan:
    (a) Schedule routine good housekeeping measures for all storage and 
processing areas;
    (b) Prohibit a practice of allowing tipping floor washwaters from 
draining to any portion of the storm sewer system;
    (c) Provide employee training on pollution prevention practices.
    (iv) Vehicle and Equipment Maintenance. The plan shall also provide 
for BMPs in those areas where vehicle and equipment maintenance is 
occurring outdoors. At a minimum, the following BMPs or equivalent 
measures shall be considered for inclusion in the plan:
    (a) Prohibit vehicle and equipment washwater from discharging to 
the storm sewer system;
    (b) Minimize or eliminate outdoor maintenance areas, wherever 
possible;
    (c) Establish spill prevention and clean-up procedures in fueling 
areas;
    (d) Provide employee training on avoiding topping off fuel tanks;
    (e) Divert runoff from fueling areas;
    (f) Store lubricants and hydraulic fluids indoors;
    (g) Provide employee training on proper, handling, storage of 
hydraulic fluids and lubricants.
    (d) Recordkeeping and Internal Reporting Procedures--The following 
record and internal reporting procedures are applicable to all 
discharges seeking coverage under this permit. The plan shall include a 
description of incidents (such as spills, or other discharges), along 
with other information describing the quality and quantity of storm 
water discharges. Inspections and maintenance activities shall be 
documented and records of such activities shall be incorporated into 
the plan. The plan must address spills, monitoring, and BMP inspection 
and maintenance activities. BMPs which are ineffective must be reported 
and the date of their corrective action noted. Employees must report 
incidents of leaking fluids to facility management and these reports 
must be incorporated into the plan.

(e) Non-storm Water Discharges

    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.N.3.a.(3)(d)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director [Insert date 270 days after permit issuance] 
or, for facilities which begin to discharge storm water associated with 
industrial activity after [Insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 

[[Page 51195]]
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States which are not authorized by 
an NPDES permit are unlawful, and must be terminated.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.N.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.N.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.N.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) The storm water pollution prevention plan must describe the 
scope and content of comprehensive site evaluations that qualified 
personnel shall 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. The individual or individuals who shall 
conduct the evaluation must be identified in the plan and should be 
members of the pollution prevention team.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with scrap recycling and waste recycling 
facilities must monitor their storm water discharges associated with 
industrial activity at least quarterly (4 times per year) during years 
2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
Certification). Scrap recycling and waste recycling facilities are 
required to monitor their storm water discharges for the pollutants of 
concern listed in Table N-1 below. Facilities must report in accordance 
with 5.b. (Reporting). In addition to the parameters listed in Table N-
1 below, the permittee shall provide the date and duration (in hours) 
of the storm event(s) sampled; rainfall measurements or estimates (in 
inches) of the storm event that generated the sampled runoff; the 
duration between the storm event sampled and the end of the previous 
measurable (greater than 0.1 inch rainfall) storm event; and an 
estimate of the total volume (in gallons) of the discharge sampled.

              Table N-1.--Industry Monitoring Requirements              
------------------------------------------------------------------------
                                                              Cut-off   
                 Pollutants of concern i                   concentration
                                                               (mg/L    
------------------------------------------------------------------------
Chemical Oxygen Demand (COD).............................     120       
Total Suspended Solids (TSS).............................     100       
Total Recoverable Aluminum...............................       0.75    
Total Recoverable Copper.................................       0.0636  
Total Recoverable Iron...................................       1.0     
Total Recoverable Lead...................................       0.0816  
Total Recoverable Zinc...................................       0.065   
------------------------------------------------------------------------
i Several congeners of PCBs (PCB-1016, -1221, -1242, -1248, -1260) were 
  above established benchmarks, however, EPA believes that these        
  constituents will readily bound up with sediment and particulate      
  matter. Therefore, EPA believes that BMPs will effectively address    
  sources of PCBs and that monitoring for TSS will serve as an adequate 
  indicator of the control of PCBs.                                     

    (1) Monitoring Periods. Scrap and waste material processing and 
recycling facilities shall monitor samples collected during the 
sampling periods of: January to March, April to June, July to 
September, and October to December for the years specified in paragraph 
a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or non-process water, then 
where practicable, permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.

(3) Sampling Waiver

    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due 

[[Page 51196]]
to adverse climatic conditions, the discharger shall collect a 
substitute sample from a separate qualifying event in the next period 
and submit the data along with data for the routine sample in that 
period. Adverse weather conditions that may prohibit the collection of 
samples include weather conditions that create dangerous conditions for 
personnel (such as local flooding, high winds, hurricane, tornadoes, 
electrical storms, etc.) or otherwise make the collection of a sample 
impracticable (e.g., drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table N-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in the area of the facility which drains 
to the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of the monitoring reports required under paragraph b below, 
under penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity, that are located in areas of the 
facility within the drainage area of the outfall are not presently 
exposed to storm water and are not expected to be exposed to storm 
water for the certification period. Such certification must be retained 
in the storm water pollution prevention plan, and submitted to EPA in 
accordance with Part VI.C. of this permit. In the case of certifying 
that a pollutant is not present, the permittee must submit the 
certification along with the monitoring reports required under 
paragraph b. below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations.
    b. Reporting. Permittees with scrap and waste material processing 
and recycling facilities shall submit monitoring results for each 
outfall associated with industrial activity [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
reporting period beginning [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following March [insert the date 2 years after permit 
issuance]. Monitoring results (or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the period beginning 
[insert date 3 years after permit issuance] lasting through [insert 
date 4 years after permit issuance] shall be submitted on Discharge 
Monitoring Report Form(s) postmarked no later than the 31st day of the 
following March. For each outfall, one signed Discharge Monitoring 
Report form must be submitted to the Director per storm event sampled. 
Signed copies of Discharge Monitoring Reports, or said certifications, 
shall be submitted to the Director of the NPDES program at the address 
of the appropriate Regional Office listed in Part VI.G. of the fact 
sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
scrap and waste material processing and recycling facilities with at 
least one storm water discharge associated with industrial activity 
through a large or medium municipal separate storm sewer system 
(systems serving a population of 100,000 or more) must submit signed 
copies of discharge monitoring reports to the operator of the municipal 
separate storm sewer system in accordance with the dates provided in 
paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a representative 
storm water discharge associated with industrial activity exposed to 
storm water. The examination must be made at least once each quarter 
during daylight hours unless there is insufficient rainfall or snow 
melt to produce a runoff event. Examinations must be conducted at least 
once in each of the following periods: January through March; April 
through June; July through September; and October through December.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm 

[[Page 51197]]
event. Where practicable, the same individual should carry out the 
collection and examination of discharges for the entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain the documentation on-site with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

O. Storm Water Discharges Associated With Industrial Activity From 
Steam Electric Power Generating Facilities, Including Coal Handling 
Areas

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges from steam electric power generating facilities, 
including coal handling areas. Non-storm water discharges subject to 
effluent limitations guidelines are not covered by this permit. Storm 
water discharges from coal pile runoff subject to numeric limitations 
are eligible for coverage under this permit, but are subject to the 
limitations established by 40 CFR 423.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    a. Limitations on Coverage. Storm water discharges from ancillary 
facilities such as fleet centers, gas turbine stations, and substations 
that are not contiguous to a steam electric power generating facility 
are not covered by this permit. Heat capture co-generation facilities 
are not covered by this permit; however, dual fuel co-generation 
facilities are included.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. Except as provided 
under Part III.A.2 of this permit, non-storm water discharges are not 
authorized by this permit. The operators of such discharges must obtain 
coverage under a separate National Pollutant Discharge Elimination 
System (NPDES) permit if discharged to waters of the United States or 
through a municipal separate storm sewer system. Storm water discharges 
associated with industrial activities that are mixed with sources of 
non-storm water are not authorized by this permit, except if mixed with 
non-storm water discharges that are in compliance with a different 
NPDES permit or identified by and in compliance with Part III.A.2 
(Prohibition of Non-storm Water Discharges) of this permit.
Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map which clearly outlines the locations of the 
following, as they apply to the facility: The outfall locations and the 
types of discharges contained in the drainage areas of the outfalls, 
and an outline of the drainage area of each storm water outfall that is 
within the facility boundaries (and indicating the direction of storm 
water flow); processing areas and buildings; treatment ponds; locations 
where significant materials are exposed to precipitation; storage 
tanks; scrap yards, and general refuse areas; fuel storage and 
distribution areas; vehicle and equipment maintenance and storage 
areas; loading/unloading areas; locations used for treatment,storage or 
disposal of wastes; location of short and long term storage of general 
materials (including but not limited to: supplies, construction 
materials, plant 

[[Page 51198]]
equipment, oils, fuels, used and unused solvents, cleaning materials, 
paint, water treatment chemicals, fertilizers, and pesticides); 
landfills; location of construction sites; locations of stock pile 
areas (such as coal piles and limestone piles); locations where major 
spills or leaks identified under Part XI.O.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred; surface water bodies; and existing 
structural control measures to reduce pollutants in storm water runoff 
(such as bermed areas, grassy swales, etc.).
    (ii) For each storm water outfall identify the types of pollutants 
which are likely to be present in the storm water discharges. Factors 
to consider include the toxicity of a chemical; quantity of chemicals 
used, produced or discharged; the likelihood of contact with storm 
water; and history of significant leaks or spills of toxic or hazardous 
pollutants. Flows with a significant potential for causing erosion 
shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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 description shall specifically 
list any significant potential source of pollutants at the site and for 
each potential source, any pollutant or pollutant parameter (e.g., 
total suspended solids, copper, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. The following areas must be specifically 
addressed:
    (i) Fugitive Dust Emissions--The plan must describe measures that 
prevent or minimize fugitive dust emissions from coal handling areas. 
The permittee shall consider establishing procedures to minimize 
offsite tracking of coal dust. To prevent offsite tracking the facility 
may consider specially designed tires, or washing vehicles in a 
designated area before they leave the site, and controlling the wash 
water.
    (ii) Delivery Vehicles--The plan must describe measures that 
prevent or minimize contamination of storm water runoff from delivery 
vehicles arriving on the plant site. At a minimum the permittee should 
consider the following:
    (a) Develop procedures for the inspection of delivery vehicles 
arriving on the plant site, and ensure overall integrity of the body or 
container; and
    (b) Develop procedures to deal with leakage or spillage from 
vehicles or containers, and ensure that proper protective measures are 
available for personnel and environment.
    (iii) Fuel Oil Unloading Areas--The plan must describe measures 
that prevent or minimize contamination of storm water runoff from fuel 
oil unloading areas. At a minimum the facility operator must consider 
using the following measures, or an equivalent:
    (a) Use containment curbs in unloading areas;
    (b) During deliveries station personnel familiar with spill 
prevention and response procedures must be present to ensure that any 
leaks or spills are immediately contained and cleaned up; and
    (c) Use spill and overflow protection (drip pans, drip diapers, 
and/or other containment devices shall be placed beneath fuel oil 
connectors to contain any spillage that may occur during deliveries or 
due to leaks at such connectors).
    (iv) Chemical Loading/Unloading AreasThe plan must describe 
measures that prevent or minimize the contamination of storm water 
runoff from chemical loading/unloading areas. Where practicable, 
chemical loading/unloading areas should be covered, and chemicals 
should be stored indoors.
    At a minimum the permittee must consider using the following 
measures or an equivalent:
    (a) Use containment curbs at chemical loading/unloading areas to 
contain spills; and
    (b) During deliveries station personnel familiar with spill 
prevention and response procedures must be present to ensure that any 
leaks or spills are immediately contained and cleaned up.
    (v) Miscellaneous Loading/Unloading Areas--The plan must describe 
measures that prevent or minimizes the contamination of storm water 
runoff from loading and unloading areas. The facility may consider 
covering the loading area, minimizing storm water runon to the loading 
area by grading, berming, or curbing the area around the loading area 
to direct storm water away from the area, or locate the loading/
unloading equipment and vehicles so that leaks can be contained in 
existing containment and flow diversion systems.
    (vi) Liquid Storage Tanks--The plan must describe measures that 
prevent or minimize contamination of storm water runoff from above 
ground liquid storage tanks. At a minimum the facility operator must 
consider employing the following measures or an equivalent:
    (a) Use protective guards around tanks;
    (b) Use containment curbs;
    (c) Use spill and overflow protection (drip pans, drip diapers, 
and/or other containment devices shall be placed beneath chemical 
connectors to contain any spillage that may occur during deliveries or 
due to leaks at such connectors); and
    (d) Use dry cleanup methods.

[[Page 51199]]

    (vii) Large Bulk Fuel Storage Tanks--The plan must describe 
measures that prevent or minimize contamination of storm water runoff 
from liquid storage tanks. At a minimum the facility operator must 
consider employing the following measures, or an equivalent:
    (a) Comply with applicable State and Federal laws, including Spill 
Prevention Control and Countermeasures (SPCC); and
    (b) Containment berms.
    (viii) The plan must describe measures to reduce the potential for 
an oil spill, or a chemical spill, or reference the appropriate section 
of their SPCC plan. At a minimum the structural integrity of all above 
ground tanks, pipelines, pumps and other related equipment shall be 
visually inspected on a weekly basis. All repairs deemed necessary 
based on the findings of the inspections shall be completed immediately 
to reduce the incidence of spills and leaks occurring from such faulty 
equipment.
    (ix) Oil Bearing Equipment in Switchyards--The plan must describe 
measures to reduce the potential for storm water contamination from oil 
bearing equipment in switchyard areas. The facility operator may 
consider level grades and gravel surfaces to retard flows and limit the 
spread of spills; collection of storm water runoff in perimeter 
ditches.
    (x) Residue Hauling Vehicles--All residue hauling vehicles shall be 
inspected for proper covering over the load, adequate gate sealing and 
overall integrity of the body or container. Vehicles without load 
coverings or adequate gate sealing, or with leaking containers or beds 
must be repaired as soon as practicable.
    (xi) Ash Loading Areas--Plant procedures shall be established to 
reduce and/or control the tracking of ash or residue from ash loading 
areas including, where practicable, requirements to clear the ash 
building floor and immediately adjacent roadways of spillage, debris 
and excess water before each loaded vehicle departs.
    (xii) Areas Adjacent to Disposal Ponds or Landfills--The plan must 
describe measures that prevent or minimize contamination of storm water 
runoff from areas adjacent to disposal ponds or landfills. The facility 
must develop procedures to:
    (a) Reduce ash residue which may be tracked on to access roads 
traveled by residue trucks or residue handling vehicles; and
    (b) Reduce ash residue on exit roads leading into and out of 
residue handling areas.
    (xiii) Landfills, Scrapyards, Surface Impoundments, Open Dumps, 
General Refuse Sites--The plan must address landfills, scrapyards, 
surface impoundments, open dumps and general refuse sites. The 
permittee is referred to Parts XI.L. and XI.N of the permit for 
applicable Best Management Practices (BMPs).
    (xiv) Maintenance Activities--For vehicle maintenance activities 
performed on the plant site, the permittee shall use the applicable 
BMPs outlined in Part XI.P. of the permit (Storm Water Discharges 
Associated With Industrial Activity From Motor Freight Transportation 
Facilities, Passenger Transportation Facilities, Rail Transportation 
Facilities, and United States Postal Service Transportation 
Facilities).
    (xv) Material Storage Areas--The plan must describe measures that 
prevent or minimize contamination of storm water from material storage 
areas (including areas used for temporary storage of miscellaneous 
products, and construction materials stored in lay down areas). The 
facility operator may consider flat yard grades, runoff collection in 
graded swales or ditches, erosion protection measures at steep outfall 
sites (e.g., concrete chutes, riprap, stilling basins), covering lay 
down areas, storing the materials indoors, covering the material with a 
temporary covering made of polyethylene, polyurethane, polypropylene, 
or hypalon. Storm water runon may be minimized by constructing an 
enclosure or building a berm around the area.
    (b) Preventive Maintenance--A preventive maintenance program shall 
be implemented and shall include timely inspection and maintenance of 
storm water management devices (e.g., cleaning oil/water separators, 
catch basins) as well as inspecting and testing facility equipment and 
systems to uncover conditions that could cause breakdowns or failures 
resulting in discharges of pollutants to surface waters, and ensuring 
appropriate maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points, shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under Part XI.O.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect the 
following areas on a monthly basis: coal handling areas, loading/
unloading areas, switchyards, fueling areas, bulk storage areas, ash 
handling areas, areas adjacent to disposal ponds and landfills, 
maintenance areas, liquid storage tanks, and long term and short term 
material storage areas. A set of tracking or follow-up procedures shall 
be used to ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained onsite. Such 
records are subject to review by the U.S. Environmental Protection 
Agency, and State, and local agencies with jurisdiction, and must be 
retained onsite a minimum of 3 years after the date of the inspection.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as goals of the pollution 
prevention plan, spill prevention and control, proper handling 
procedures for hazardous wastes, good housekeeping and material 
management practices, and storm water sampling techniques. The 
pollution prevention plan shall identify periodic dates for such 
training, but in all cases training must be held at least annually.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the 

[[Page 51200]]
evaluation criteria or testing method used, the date of any testing 
and/or evaluation, and the onsite drainage points that were directly 
observed during the test. Certifications shall be signed in accordance 
with Part VII.G. of this permit. Such certification may not be feasible 
if the facility operating the storm water discharge associated with 
industrial activity does not have access to an outfall, manhole, or 
other point of access to the ultimate conduit which receives the 
discharge. In such cases, the source identification section of the 
storm water pollution prevention plan shall indicate why the 
certification required by this part was not feasible, along with the 
identification of potential significant sources of non-storm water at 
the site. A discharger that is unable to provide the certification 
required by this paragraph must notify the Director in accordance with 
paragraph XI.O.3.a.(3)(g)(iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and, why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures the permittee determines to be reasonable and 
appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity (see Part XI.O.3.a.(2)) 
shall be considered when determining reasonable and appropriate 
measures. Appropriate measures may include: vegetative swales and 
practices, reuse of collected storm water (such as for a process or as 
an irrigation source), inlet controls (such as oil/water separators), 
snow management activities, infiltration devices, wet detention/
retention devices, or other equivalent measures.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual evaluation of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.O.3.a.(2) of this section (Description of Potential Pollutant 
Sources) and pollution prevention measures and controls identified in 
the plan in accordance with Part XI.O.3.a.(3) of this section (Measures 
and Controls) shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.O.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    Coal pile runoff is subject to the effluent guidelines described in 
Part V.B. of this permit. However, steam electric generating facilities 
must comply with the requirement of Part V.B. immediately upon permit 
issuance. Steam electric generating facilities are not permitted to 
take 3 years to meet this requirement.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with steam electric power generating 
facilities must monitor their storm water discharges associate with 
industrial activity at least quarterly (4 times per year) during years 
2 and 4 except as provided in paragraphs 5.a.(3). (sampling waiver), 
5.a.(4). (representative discharge), and 5.a.(5).(alternative 
certification), steam electric power generating facilities are required 
to monitor their storm water discharges for the pollutant of concern 
listed in Table O-1 below. Facilities must report in accordance with 
5.b.(reporting). In addition to the parameter listed in Table O-1 
below, the permittee shall provide the date and duration (in hours) of 
the storm event(s) 

[[Page 51201]]
sampled; rainfall measurements or estimates (in inches) of the storm 
event which generated the sampled runoff; the duration between the 
storm event sampled and the end of the previous measurable (greater 
than 0.1 inch rainfall) storm event; and an estimate of the total 
volume (in gallons) of the discharge sampled;

 Table O-1.--Monitoring Requirements for Steam Electric Power Generating
                               Facilities                               
------------------------------------------------------------------------
                                                            Cut-Off     
                 Pollutant of concern                  concentration(mg/
                                                              L2)       
------------------------------------------------------------------------
Total Recoverable Iron...............................             1.0   
------------------------------------------------------------------------

    (1) Monitoring Periods. Steam electric power generating facilities 
shall monitor samples collected during the sampling periods of: January 
through March, April through June, July through September, and October 
through December for the years specified in paragraph a (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions which may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table O-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has 2 or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfalls provided that the 
permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explaining in detail 
why the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
65 percent)) shall be provided in the plan. The permittee shall include 
the description of the location of the outfalls, explanation of why 
outfalls are expected to discharge substantially identical effluents, 
and estimate of the size of the drainage area and runoff coefficient 
with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (signatory 
requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with steam electric power generating 
facilities shall submit monitoring results, or a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived, obtained during the 
reporting period beginning [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of the following March [insert the date 2 years after permit 
issuance]. Monitoring results, or a certification that there has not 
been a significant change in 

[[Page 51202]]
industrial activity or the pollution prevention measures in area of the 
facility which drains to the outfall for which sampling was waived, 
obtained during the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance] 
shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March. For each outfall, one 
signed Discharge Monitoring Report form must be submitted to the 
Director per storm event sampled. Signed copies of Discharge Monitoring 
Reports, or said certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office 
listed in VI.G. of the fact sheet to this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above) 
steam electric power generating facilities with at least one storm 
water discharge associated with industrial activity through a large or 
medium municipal separate storm sewer system (systems serving a 
population of 100,000 or more) must submit signed copies of discharge 
monitoring reports to the operator of the municipal separate storm 
sewer system in accordance with the dates provided in paragraph b 
(above).
    c. Compliance Monitoring Requirements. Permittees with point 
sources of coal pile runoff associated with steam electric power 
generation must monitor these storm water discharges for the presence 
of TSS and for pH at least annually (one time per year). Facilities 
must report in accordance with 5.c.(2) (reporting). In addition to the 
parameters listed above, the permittee shall provide the date and 
duration (in hours) of the storm event(s) sampled; rainfall 
measurements or estimates (in inches) of the storm event that generated 
the sampled runoff; the duration between the storm event sampled and 
the end of the previous measurable (greater than 0.1 inch rainfall) 
storm event; and an estimate of the total volume (in gallons) of the 
discharge sampled.
    (1) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The grab sample shall be taken during 
the first 30 minutes of the discharge. If the collection of a grab 
sample during the first 30 minutes is impracticable, a grab sample can 
be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable.
    (2) Reporting. Permittees with asphalt paving or roofing emulsion 
production facilities shall submit monitoring results obtained during 
the reporting period beginning [insert date of permit issuance] on 
Discharge Monitoring Report Form(s) postmarked no later than the last 
day of the following [insert month after permit issuance date]. Signed 
copies of Discharge Monitoring Reports shall be submitted to the 
Director of the NPDES program at the address of the appropriate 
Regional Office indicated in Part VI.B. of this permit. For each 
outfall one Discharge monitoring form shall be submitted per storm 
event sampled.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees that discharge through a large or medium municipal separate 
storm sewer system (systems serving a population of 100,000 or more) 
must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph (3) (above).
    d. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in paragraph (1) below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examination must be conducted in a well lit area. No analytical tests 
are required to be performed on the samples. All such samples shall be 
collected from the discharge resulting from a storm event that is 
greater than 0.1 inches in magnitude and that occurs at least 72 hours 
from the previously measurable (greater than 0.1 inch rainfall) storm 
event. Where practicable the same individual should carry out the 
collection and examination of discharges for entire permit term.
    (3) Visual examination reports must be maintained on-site in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution, and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
65 percent)) shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation with the records 
of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility 

[[Page 51203]]
remains inactive and unstaffed. The facility must maintain a 
certification with the pollution prevention plan stating that the site 
is inactive and unstaffed so that performing visual examinations during 
a qualifying event is not feasible.

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
    Storm water discharges from ground transportation facilities and 
rail transportation facilities (generally identified by Standard 
Industrial Classification (SIC) codes 40, 41, 42, 43, and 5171), that 
have vehicle and equipment maintenance shops (vehicle and equipment 
rehabilitation, mechanical repairs, painting, fueling and lubrication) 
and/or equipment cleaning operations are eligible for coverage under 
this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Storm Water Pollution Prevention Plan Requirements
    a. Deadlines for Plan Preparation and Compliance. There are no 
additional deadlines for plan preparation and compliance, other than 
those stated in Part IV.A.
    b. Contents of the Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team who are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage--A site map indicating the location of each point of 
discharge of storm water associated with industrial activity, an 
outline of the portions of the drainage area of each storm water 
outfall that are within the facility boundaries (with a prediction of 
the direction of flow), each existing structural control measure to 
reduce pollutants in storm water runoff, surface water bodies, 
locations where significant materials are exposed to precipitation, 
locations where major spills or leaks identified under Part 
XI.P.3.b.(2)(c) (Spills and Leaks) of this permit have occurred, and 
the locations of the following activities: fueling stations, vehicle 
and equipment maintenance and/or cleaning areas, storage areas for 
vehicles and equipment with actual or potential fluid leaks loading/
unloading areas, locations used for the treatment, storage or disposal 
of wastes, liquid storage tanks, processing areas, storage areas, and 
all monitoring locations. The site map must also indicate the types of 
discharges contained in the drainage areas of the outfalls (e.g., storm 
water and air conditioner condensate). 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.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; dirt or gravel parking areas 
for storage of vehicles to be maintained; materials management 
practices employed to minimize contact of materials with storm water 
runoff between the time of 3 years prior to the date of the submission 
of a Notice of Intent (NOI) to be covered under this permit and the 
present; the location and a description of existing structural and 
nonstructural control measures to reduce pollutants in storm water 
runoff; and a description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Summary of Potential Pollutant Sources--A narrative description 
of the potential pollutant sources from the following activities 
associated with vehicle and equipment maintenance and equipment 
cleaning: fueling stations; maintenance shops; equipment or vehicle 
cleaning areas; paved dirt or gravel parking areas for vehicles to be 
maintained; loading and unloading operations; outdoor storage 
activities; outdoor manufacturing or processing activities; significant 
dust or particulate generating processes; and onsite waste disposal 
practices. The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., oil and grease, 
etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--All areas that may contribute pollutants to 
storm 

[[Page 51204]]
water discharges shall be maintained in a clean, orderly manner. The 
following areas must be specifically addressed:
    (i) Vehicle and Equipment Storage Areas--The storage of vehicles 
and equipment awaiting maintenance with actual or potential fluid leaks 
must be confined to designated areas (delineated on the site map). The 
plan must describe measures that prevent or minimize contamination of 
the storm water runoff from these areas. The facility shall consider 
the use of drip pans under vehicles and equipment, indoor storage of 
the vehicles and equipment, installation of berming and diking of this 
area, use of absorbents, roofing or covering storage areas, cleaning 
pavement surface to remove oil and grease, or other equivalent methods.
    (ii) Fueling Areas--The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from fueling areas. 
The facility shall consider covering the fueling area, using spill and 
overflow protection and cleanup equipment, minimizing runon/runoff of 
storm water to the fueling area, using dry cleanup methods, collecting 
the storm water runoff and providing treatment or recycling, or other 
equivalent measures.
    (iii) Material Storage Areas--Storage units of all materials (e.g., 
used oil, used oil filters, spent solvents, paint wastes, radiator 
fluids, transmission fluids, hydraulic fluids) must be maintained in 
good condition, so as to prevent contamination of storm water, and 
plainly labeled (e.g., ``used oil,'' ``spent solvents,'' etc.). The 
plan must describe measures that prevent or minimize contamination of 
the storm water runoff from such storage areas. The facility shall 
consider indoor storage of the materials, installation of berming and 
diking of the area, minimizing runon/runoff of storm water to the 
areas, using dry cleanup methods, collecting the storm water runoff and 
providing treatment, or other equivalent methods.
    (iv) Vehicle and Equipment Cleaning Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for vehicle and equipment cleaning. The 
facility shall consider performing all cleaning operations indoors, 
covering the cleaning operation, ensuring that all washwaters drain to 
the intended collection system (i.e., not the storm water drainage 
system unless NPDES permitted), collecting the storm water runoff from 
the cleaning area and providing treatment or recycling, or other 
equivalent measures. The discharge of vehicle and equipment wash 
waters, including tank cleaning operations, are not authorized by this 
permit and must be covered under a separate NPDES permit or discharged 
to a sanitary sewer in accordance with applicable industrial 
pretreatment requirements.
    (v) Vehicle and Equipment Maintenance Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for vehicle and equipment maintenance. The 
facility shall consider performing all maintenance activities indoors, 
using drip pans, maintaining an organized inventory of materials used 
in the shop, draining all parts of fluids prior to disposal, 
prohibiting wet clean up practices where the practices would result in 
the discharge of pollutants to storm water drainage systems, using dry 
cleanup methods, collecting the storm water runoff from the maintenance 
area and providing treatment or recycling, minimizing runon/runoff of 
storm water areas or other equivalent measures.
    (vi) Locomotive Sanding (loading sand for traction) Areas--The plan 
must describe measures that prevent or minimize contamination of the 
storm water runoff from areas used for locomotive sanding. The facility 
shall consider covering sanding areas, minimizing storm water runon/
runoff, appropriate sediment removal practices to minimize the offsite 
transport of sanding material by storm water, or other equivalent 
measures.
    (b) Preventive Maintenance--A preventive maintenance program shall 
include timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins, drip pans, 
vehicle-mounted drip containment devices) as well as inspecting and 
testing facility equipment and systems to uncover conditions that could 
cause breakdowns or failures resulting in discharges of pollutants to 
surface waters, and ensuring appropriate maintenance of such equipment 
and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills could contribute pollutants to storm water discharges, and their 
accompanying drainage points, shall be identified clearly in the storm 
water pollution prevention plan. Where appropriate, specifying material 
handling procedures, storage requirements, and use of equipment such as 
diversion valves in the plan should be considered. Procedures and 
equipment for cleaning up spills shall be identified in the plan and 
made available to the appropriate personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility on a 
quarterly basis. The following areas shall be included in all 
inspections: storage area for vehicles and equipment awaiting 
maintenance, fueling areas, vehicle and equipment maintenance areas 
(both indoors and outdoors), material storage areas, vehicle and 
equipment cleaning areas, and loading and unloading areas. Follow-up 
procedures shall be used to ensure that appropriate actions are taken 
in response to the inspections. Records of inspections shall be 
maintained. The use of a checklist should be considered by the 
facility.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management of the components and goals of the storm water 
pollution prevention plan. Training should address topics such as spill 
response, good housekeeping and material management practices. The 
pollution prevention plan shall identify how often training will take 
place; at a minimum, training must be held annually (once per calendar 
year). Employee training must, at a minimum, address the following 
areas when applicable to a facility: summary of the facility's 
pollution prevention plan requirements; used oil management; spent 
solvent management; spill prevention, response and control; fueling 
procedures; general good housekeeping practices; proper painting 
procedures; and used battery management.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage 

[[Page 51205]]
points that were directly observed during the test. Certifications 
shall be signed in accordance with Part VII.G. (Signatory Requirements) 
of this permit. Such certification may not be practical if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not practical, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with Part XI.P.3.b.(3)(iv) (Failure 
to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) A copy of the NPDES permit issued for vehicle and equipment 
washwaters or, if an NPDES permit has not yet been issued, a copy of 
the pending application must be attached to or referenced in the plan. 
For facilities that discharge vehicle and equipment washwaters to the 
sanitary sewer system, the operator of the sanitary system and 
associated treatment plant must be notified. In such cases, a copy of 
the notification letter must be attached to the plan. If an industrial 
user permit is issued under a pretreatment program, a copy of that 
permit must be attached in the plan. In all cases, any permit 
conditions or pretreatment requirements must be considered in the plan. 
If the washwaters are handled in another manner (e.g., hauled offsite), 
the disposal method must be described and all pertinent documentation 
(e.g., frequency, volume, destination, etc.) must be attached to the 
plan.
    (iv) Failure to Certify--Any facility that is unable to provide the 
certification required (testing for non-storm water discharges), must 
notify the Director by [Insert date 270 days after permit issuance] or, 
for facilities which begin to discharge storm water associated with 
industrial activity after [Insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States which are not authorized by 
an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of storm water management 
practices (practices other than those which control the generation or 
source(s) of pollutants) used to divert, infiltrate, reuse, or 
otherwise manage storm water runoff in a manner that reduces pollutants 
in storm water discharges from the site. The plan shall provide for the 
implementation and maintenance of measures that the permittee 
determines to be reasonable and appropriate. The potential of various 
sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity (see XI.P.3.b.(2) 
(description of potential pollutant sources) of this permit) shall be 
considered when determining reasonable and appropriate measures. 
Appropriate measures or other equivalent measures may include: 
vegetative swales and practices, reuse of collected storm water (such 
as for a process or as an irrigation source), inlet controls (such as 
oil/water separators), snow management activities, infiltration 
devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct comprehensive site compliance evaluations at appropriate 
intervals specified in the plan, but, in no case less than once a year. 
Such evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.P.3.b.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.P.3.b.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.P.3.b.(3)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
3. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
4. Monitoring and Reporting Requirements
    a. Monitoring Requirements.
    (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges 

[[Page 51206]]
exempted under paragraph (d) below. The examination(s) must be made at 
least once in each designated period [described in (a), below] during 
facility operation in the daylight hours unless there is insufficient 
rainfall or snow melt to produce a runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (c) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (d) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (e) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

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
    The requirements listed under this section shall apply to storm 
water discharges from water transportation facilities that have vehicle 
(vessel) maintenance shops and/or equipment cleaning operations. The 
water transportation industry includes facilities engaged in foreign or 
domestic transport of freight or passengers in deep sea or inland 
waters; marine cargo handling operations; ferry operations; towing and 
tugboat services; and marinas (facilities commonly identified by 
Standard Industrial Classification (SIC) code Major Group 44).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
general discharge prohibitions in part III.A, this section specifically 
prohibits non-storm water discharges of wastewaters, such as bilge and 
ballast water, sanitary wastes, pressure wash water, and cooling water 
originating from vessels. The operators of such discharges must obtain 
coverage under a separate NPDES permit if discharged to waters of the 
United States or through a municipal separate storm sewer system.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team who are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.

[[Page 51207]]

    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.Q.3.a.(2)(c) (Spills and 
Leaks) of this section have occurred, and the locations of the 
following activities where such activities are exposed to 
precipitation: fueling, engine maintenance and repair, vessel 
maintenance and repair, pressure washing, painting, sanding, blasting, 
welding, metal fabrication, loading/unloading areas, locations used for 
the treatment, storage or disposal of wastes; liquid storage tanks, 
liquid storage areas (i.e., paint, solvents, resins), and material 
storage areas (i.e., blasting media, aluminum, steel, scrap iron). In 
addition, the map must indicate the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities if applicable: loading and unloading 
operations; outdoor storage activities; outdoor manufacturing or 
processing activities (i.e., welding, metal fabricating); significant 
dust or particulate generating processes (i.e., abrasive blasting, 
sanding, painting); loading/unloading areas; and onsite waste disposal 
practices. The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., biochemical oxygen 
demand, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. The following areas must be specifically 
addressed, when applicable at a facility:
    (i) Pressure Washing Area--When pressure washing is used to remove 
marine growth from vessels, the discharge water must be permitted by an 
NPDES permit. The pollution prevention plan must describe the measures 
to collect or contain the discharge from the pressure washing area, 
detail the method for the removal of the visible solids, describe the 
method of disposal of the collected solids, and identify where the 
discharge will be released (i.e., the receiving waterbody, storm sewer 
system, sanitary sewer system).
    (ii) Blasting and Painting Areas--The facility must consider 
containing all blasting and painting activities to prevent abrasives, 
paint chips, and overspray from reaching the receiving water or the 
storm sewer system. The plan must describe measures taken at the 
facility to prevent or minimize the discharge of spent abrasive, paint 
chips, and paint into the receiving waterbody and storm sewer system. 
The facility may consider hanging plastic barriers or tarpaulins during 
blasting or painting operations to contain debris. Where required, a 
schedule for cleaning storm water conveyances to remove deposits of 
abrasive blasting debris and paint chips should be addressed within the 
plan. The plan should include any standard operating practices with 
regard to blasting and painting activities. Such included items may be 
the prohibition of performing uncontained blasting and painting over 
open water or blasting and painting during windy conditions which can 
render containment ineffective.
    (iii) Material Storage Areas--All stored and containerized 
materials (fuels, paints, solvents, waste oil, antifreeze, batteries) 
must be stored in a protected, secure location away from drains and 
plainly labeled. The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from such storage 
areas. The facility must specify which materials are stored indoors and 
consider containment or enclosure for materials that are stored 
outdoors. Above ground storage tanks, drums, and barrels permanently 
stored outside must be delineated on the site map with a description of 
the containment measures in place to prevent leaks and spills. The 
facility must consider implementing an inventory control plan to 
prevent excessive purchasing, storage, and handling of potentially 
hazardous materials. Those facilities where abrasive blasting is 
performed must specifically include a discussion on the storage and 
disposal of spent abrasive materials generated at the facility.
    (iv) Engine Maintenance and Repair Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for engine maintenance and repair. The 
facility may consider performing all maintenance activities indoors, 

[[Page 51208]]
maintaining an organized inventory of materials used in the shop, 
draining all parts of fluids prior to disposal, prohibiting the 
practice of hosing down the shop floor, using dry cleanup methods, and/
or collecting the storm water runoff from the maintenance area and 
providing treatment or recycling.
    (v) Material Handling Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
material handling operations and areas (i.e., fueling, paint and 
solvent mixing, disposal of process wastewater streams from vessels). 
The facility may consider covering fueling areas; using spill and 
overflow protection; mixing paints and solvents in a designated area, 
preferably indoors or under a shed; and minimizing runon of storm water 
to material handling areas or other equivalent measures. Where 
applicable, the plan must address the replacement or repair of leaking 
connections, valves, pipes, hoses, and soil chutes carrying wastewater 
from vessels.
    (vi) Drydock Activities--The plan must address the routine 
maintenance and cleaning of the drydock to minimize the potential for 
pollutants in the storm water runoff. The plan must describe the 
procedures for cleaning the accessible areas of the drydock prior to 
flooding and final cleanup after the vessel is removed and the dock is 
raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
the drydock must also be included within the plan. The facility should 
consider items such as sweeping rather than hosing off debris and spent 
blasting material from the accessible areas of the drydock prior to 
flooding and having absorbent materials and oil containment booms 
readily available to contain and cleanup any spills or other equivalent 
measures.
    (vii) General Yard Area--The plan must include a schedule for 
routine yard maintenance and cleanup. Scrap metal, wood, plastic, 
miscellaneous trash, paper, glass, industrial scrap, insulation, 
welding rods, packaging, etc., must be routinely removed from the 
general yard area. The facility may consider such measures as providing 
covered trash receptacles in each yard, on each pier, and on board each 
vessel being repaired.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, sediment traps to ensure 
that spent abrasives, paint chips, and solids will be intercepted and 
retained prior to entering the storm drainage system) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility on a monthly 
basis. The following areas shall be included in all inspections: 
pressure washing area; blasting, sanding, and painting areas; material 
storage areas; engine maintenance and repair areas; material handling 
areas; drydock area; and general yard area. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify how often training will take place, but 
in all cases training must be held at least annually (once per calendar 
year). Employee training must, at a minimum, address the following 
areas when applicable to a facility: used oil management; spent solvent 
management; proper disposal of spent abrasives; proper disposal of 
vessel wastewaters, spill prevention and control; fueling procedures; 
general good housekeeping practices; proper painting and blasting 
procedures; and used battery management. Employees, independent 
contractors, and customers must be informed about BMPs and be required 
to perform in accordance with these practices. The facility must 
consider posting instructions, easy to read descriptions or graphic 
depictions of BMPs, spill control/clean-up equipment and emergency 
phone numbers in the work areas.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.Q.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the 

[[Page 51209]]
Director by [Insert date 270 days after permit issuance] or, for 
facilities which begin to discharge storm water associated with 
industrial activity after [Insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States which are not authorized by 
an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.Q.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or equivalent measures may 
include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity (pressure washing area, blasting and sanding areas, 
painting areas, material storage areas, engine maintenance and repair 
areas, material handling areas, and drydock area) shall be visually 
inspected for evidence of, or the potential for, pollutants entering 
the drainage system. Measures to reduce pollutant loadings shall be 
evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, and other 
structural pollution prevention measures identified in the plan shall 
be observed to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.Q.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.Q.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.Q.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the inspection. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with water transportation facilities must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Water transportation facilities are required to monitor their storm 
water discharges for the pollutants of concern listed in Table Q-1 
below. Facilities must report in accordance with 5.b. (Reporting). In 
addition to the parameters listed in Table Q-1 below, the permittee 
shall provide the date and duration (in hours) of the storm event(s) 
sampled; rainfall measurements or estimates (in inches) of the storm 
event that generated the sampled runoff; the duration between the storm 
event sampled and the end of the previous measurable (greater than 0.1 
inch rainfall) storm event; and an estimate of the total volume (in 
gallons) of the discharge sampled.

                   Table Q-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                         Monitoring cut-
                 Pollutants of concern                         off      
                                                          concentration 
------------------------------------------------------------------------
Total Recoverable Aluminum............................  0.75 mg/L       
Total Recoverable Iron................................  1.0 mg/L        
Total Recoverable Lead................................  0.0816 mg/L     
Total Recoverable Zinc................................  0.065 mg/L      
------------------------------------------------------------------------

    (1) Monitoring Periods. Water transportation facilities shall 
monitor samples collected during the sampling periods of: January to 
March, April to June, July to September, and October to December for 
the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm 

[[Page 51210]]
event. The required 72-hour storm event interval is waived where the 
preceding measurable storm event did not result in a measurable 
discharge from the facility. The required 72-hour storm event interval 
may also be waived where the permittee documents that less than a 72-
hour interval is representative for local storm events during the 
season when sampling is being conducted. The grab sample shall be taken 
during the first 30 minutes of the discharge. If the collection of a 
grab sample during the first 30 minutes is impracticable, a grab sample 
can be taken during the first hour of the discharge, and the discharger 
shall submit with the monitoring report a description of why a grab 
sample during the first 30 minutes was impracticable. If storm water 
discharges associated with industrial activity commingle with process 
or non-process water, then where practicable permittees must attempt to 
sample the storm water discharge before it mixes with the non-storm 
water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table Q-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with water transportation facilities shall 
submit monitoring results for each outfall associated with industrial 
activity [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the reporting period beginning [insert date 
1 year after permit issuance] lasting through [insert date 2 years 
after permit issuance] on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the following March [insert 
the date 2 years after permit issuance]. Monitoring results [or a 
certification in accordance with Sections (3), (4), or (5) above] 
obtained during the period beginning [insert date 3 years after permit 
issuance] lasting through [insert date 4 years after permit issuance] 
shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
later than the 31st day of the following March. For each outfall, one 
signed Discharge Monitoring Report form must be submitted to the 
Director per storm event sampled. Signed copies of Discharge Monitoring 
Reports, or said certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate Regional Office 
listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
water transportation facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges 

[[Page 51211]]
exempted below. The examination must be made at least once in each 
designated period [described in paragraph (1) below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snowmelt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

R. Storm Water Discharges Associated With Industrial Activity From Ship 
and Boat Building or Repairing Yards

1. Discharges Covered Under This Section
    The requirements listed under this section apply to storm water 
discharges from facilities engaged in ship building and repairing and 
boat building and repairing 5 (Standard Industrial Classification 
(SIC) code 373).

    \5\ According to the U.S. Coast Guard, a vessel 65 feet or 
greater in length is referred to as a ship, and a vessel smaller 
than 65 feet is a boat.
---------------------------------------------------------------------------

    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. In addition to the 
prohibitions listed in Part III.A of the permit, this section 
specifically prohibits non-storm water discharges of wastewaters, such 
as bilge and ballast water, pressure wash water, sanitary wastes, and 
cooling water originating from vessels, are not authorized by this 
permit. The operators of such discharges must obtain coverage under a 
separate NPDES permit if discharged to waters of the United States or 
through a municipal separate storm sewer system.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating the location of the outfalls and the 
types of discharges contained in the drainage areas of the outfalls, an 
outline of the portions of the drainage area of each storm water 
outfall that are within the facility boundaries, each existing 
structural control measure to reduce pollutants in storm water runoff, 
surface 

[[Page 51212]]
water bodies, locations where significant materials are exposed to 
precipitation, locations where major spills or leaks identified under 
Part XI.R.3.a.(2)(c) (Spills and Leaks) of this section have occurred, 
and the locations of the following activities where such activities are 
exposed to precipitation: fueling, engine maintenance and repair, 
vessel maintenance and repair, pressure washing, painting, sanding, 
blasting, welding, metal fabrication, loading/unloading areas, 
locations used for the treatment, storage or disposal of wastes; liquid 
storage tanks, liquid storage areas (i.e., paint, solvents, resins), 
and material storage areas (i.e., blasting media, aluminum, steel, 
scrap iron).
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities if applicable: loading and unloading 
operations; outdoor storage activities; outdoor manufacturing or 
processing activities (i.e., welding, metal fabricating); significant 
dust or particulate generating processes (i.e., abrasive blasting, 
sanding, painting); loading/unloading areas; and onsite waste disposal 
practices. The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., biochemical oxygen 
demand, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. The following areas must be specifically 
addressed, when applicable at a facility:
    (i) Pressure Washing Area--When pressure washing is used to remove 
marine growth from vessels, the discharge water must be permitted as a 
process wastewater by an NPDES permit.
    (ii) Blasting and Painting Areas--The facility must consider 
containing all blasting and painting activities to prevent abrasives, 
paint chips, and overspray from reaching the receiving water or the 
storm sewer system. The plan must describe measures taken at the 
facility to prevent or minimize the discharge of spent abrasive, paint 
chips, and paint into the receiving waterbody and storm sewer system. 
The facility may consider hanging plastic barriers or tarpaulins during 
blasting or painting operations to contain debris. Where required, a 
schedule for cleaning storm systems to remove deposits of abrasive 
blasting debris and paint chips should be addressed within the plan. 
The plan should include any standard operating practices with regard to 
blasting and painting activities. Practices may include the prohibition 
of performing uncontained blasting and painting over open water or 
blasting and painting during windy conditions which can render 
containment ineffective.
    (iii) Material Storage Areas--All stored and containerized 
materials (fuels, paints, solvents, waste oil, antifreeze, batteries) 
must be stored in a protected, secure location away from drains and 
plainly labeled. The plan must describe measures that prevent or 
minimize contamination of the storm water runoff from such storage 
areas. The facility must specify which materials are stored indoors and 
consider containment or enclosure for materials that are stored 
outdoors. Above ground storage tanks, drums, and barrels permanently 
stored outside must be delineated on the site map with a description of 
the containment measures in place to prevent leaks and spills. The 
facility must consider implementing an inventory control plan to 
prevent excessive purchasing, storage, and handling of potentially 
hazardous materials. Those facilities where abrasive blasting is 
performed must specifically include a discussion on the storage and 
disposal of spent abrasive materials generated at the facility.
    (iv) Engine Maintenance and Repair Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from all areas used for engine maintenance and repair. The 
facility must consider performing all maintenance activities indoors, 
maintaining an organized inventory of materials used in the shop, 
draining all parts of fluids prior to disposal, prohibiting wet clean 
up practice where the practice would result in the exposure of 
pollutants to storm water, using dry cleanup methods, and/or collecting 
the storm water runoff from the maintenance area and providing 
treatment or recycling.
    (v) Material Handling Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
material handling operations and areas (i.e., fueling, paint & solvent 
mixing, disposal of process wastewater streams from vessels). The 
facility must consider covering fueling areas; using spill and overflow 
protection; mixing paints and 

[[Page 51213]]
solvents in a designated area, preferably indoors or under a shed; and 
minimizing runon of storm water to material handling areas. Where 
applicable, the plan must address the replacement or repair of leaking 
connections, valves, pipes, hoses, and soil chutes carrying wastewater 
from vessels.
    (vi) Drydock Activities--The plan must address the routine 
maintenance and cleaning of the drydock to minimize the potential for 
pollutants in the storm water runoff. The plan must describe the 
procedures for cleaning the accessible areas of the drydock prior to 
flooding and final cleanup after the vessel is removed and the dock is 
raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
the drydock must also be included within the plan. The facility must 
consider items such as sweeping rather than hosing off debris and spent 
blasting material from the accessible areas of the drydock prior to 
flooding and having absorbent materials and oil containment booms 
readily available to contain and cleanup any spills.
    (vii) General Yard Area--The plan must include a schedule for 
routine yard maintenance and cleanup. Scrap metal, wood, plastic, 
miscellaneous trash, paper, glass, industrial scrap, insulation, 
welding rods, packaging, etc., must be routinely removed from the 
general yard area. The facility must consider such measures as 
providing covered trash receptacles in each yard, on each pier, and on 
board each vessel being repaired.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, sediment traps to ensure 
that spent abrasives, paint chips, and solids will be intercepted and 
retained prior to entering the storm drainage system) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility on a monthly 
basis. The following areas shall be included in all inspections: 
pressure washing area; blasting, sanding, and painting areas; material 
storage areas; engine maintenance and repair areas; material handling 
areas; drydock area; and general yard area. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. The 
pollution prevention plan shall identify how often training will take 
place, but in all cases training must be held at least annually (once 
per calendar year). Employee training must, at a minimum, address the 
following areas when applicable to a facility: used oil management; 
spent solvent management; proper disposal of spent abrasives; proper 
disposal of vessel wastewaters, spill prevention and control; fueling 
procedures; general good housekeeping practices; proper painting and 
blasting procedures; and used battery management. Employees, 
independent contractors, and customers must be informed about BMPs and 
be required to perform in accordance with these practices. The facility 
should consider posting easy to read descriptions or graphic depictions 
of BMPs and emergency phone numbers in the work areas.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.R.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due 

[[Page 51214]]
to topography, activities, or other factors, have a high potential for 
significant soil erosion, and identify structural, vegetative, and/or 
stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.R.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or other equivalent measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity including, but not limited to, pressure washing 
area, blasting and sanding areas, painting areas, material storage 
areas, engine maintenance and repair areas, material handling areas, 
and drydock area, shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.R.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.R.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.R.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of this permit.
5. Monitoring and Reporting Requirements
    (a) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a representative 
storm water discharge associated with industrial activity from each 
outfall except discharges exempted below. The examination must be made 
at least once in each designated period [described in (1) below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; October through December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snow melt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inch in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the monitoring period as a result of adverse 

[[Page 51215]]
climatic conditions, the discharger must document the reason for not 
performing the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

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
    The requirements listed under this section shall apply to storm 
water discharges from establishments and/or facilities including 
airports, air terminals, air carriers, flying fields, and 
establishments engaged in servicing or maintaining airports and/or 
aircraft (generally classified under Standard Industrial Classification 
(SIC) code 45) which have vehicle maintenance shops, material handling 
facilities, equipment cleaning operations or airport and/or aircraft 
deicing/anti-icing operations. For the purpose of this permit, the term 
``deicing'' is defined as the process to remove frost, snow, or ice and 
``anti-icing'' is the process which prevents the accumulation of frost, 
snow, or ice.
    (a) Coverage. Only those portions of the facility or establishment 
that are either involved in vehicle maintenance (including vehicle 
rehabilitation, mechanical repairs, painting, fueling, and 
lubrication), equipment cleaning operations, or deicing/anti-icing 
operations are addressed under this section.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    (a) Prohibition of Non-storm Water Discharges. In addition to those 
discharges prohibited under Part III.A.2, non-storm water discharges 
including aircraft, ground vehicle, runway and equipment washwaters, 
and dry weather discharges of deicing/anti-icing chemicals are not 
authorized by this permit. Dry weather discharges are those discharges 
generated by processes other than those included in the definition of 
storm water. The definition of storm water includes storm water runoff, 
snow melt runoff, and surface runoff and drainage. All other discharges 
constitute non-storm water discharges. Operators of non-storm water 
discharges must obtain coverage under a separate National Pollutant 
Discharge Elimination System (NPDES) permit if discharged to waters of 
the United States or through a municipal separate storm sewer system.
    (b) Releases of Reportable Quantities of Hazardous Substances and 
Oil. Each individual permittee is required to report spills equal to or 
exceeding the reportable quantity levels specified at 40 CFR 110, 117, 
and 302 as described at Part VI.B.2. If an airport authority is the 
sole permittee, then the sum total of all spills at the airport must be 
assessed against the RQ. If the airport authority is a co-permittee 
with other deicing/anti-icing operators at the airport, such as 
numerous different airlines, the assessed amount must be the summation 
of spills by each co-permittee. If separate, distinct individual 
permittees exist at the airport, then the amount spilled by each 
separate permittee must be the assessed amount for the RQ 
determination.
3. Storm Water Pollution Prevention Plan Requirements
    Storm water pollution prevention plans developed for areas of the 
facility occupied by tenants of the airport shall be integrated with 
the plan for the entire airport. For the purposes of today's permit, 
tenants of the airport facility include airline companies, fixed based 
operators and other parties which have contracts with the airport 
authority to conduct business operations on airport property which 
result in storm water discharges associated with industrial activity as 
described in paragraph 1 of this section. Plans should be developed in 
accordance with Part IV. Storm Water Pollution Prevention Plans).
    (a) Contents of Plan. Each plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals as member(s) of a storm water Pollution 
Prevention Team who are responsible for developing the storm water 
pollution prevention plan and assisting the facility management in its 
implementation, maintenance, and revision. The plan shall clearly 
identify the responsibilities of each team member. The activities and 
responsibilities of the team shall address all aspects of the 
facility's storm water pollution prevention plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the drainage area of each 
storm water outfall within the facility boundaries, each existing 
structural control measure to reduce pollutants in storm water runoff, 
surface water bodies, locations where significant materials are exposed 
to precipitation, locations where major spills or leaks identified 
under paragraph XI.S.3.a.(2)(c) (Spills and Leaks) of this section have 
occurred, and the locations of the following activities where such 
activities are exposed to precipitation: aircraft and runway deicing/
anti-icing operations; fueling stations; aircraft, ground vehicle and 
equipment maintenance and/or cleaning areas; storage areas for 
aircraft, ground vehicles and equipment awaiting maintenance; loading/
unloading areas; locations used for the treatment, storage or disposal 
of wastes, liquid storage tanks, processing areas and storage areas. 
The map must indicate the outfall locations and the types of discharges 
contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges 

[[Page 51216]]
associated with industrial activity with a reasonable potential for 
containing significant amounts of pollutants, a prediction of the 
direction of flow, and an identification of the types of pollutants 
which are likely to be present in storm water discharges associated 
with industrial activity. Factors to consider include the toxicity of 
chemical; quantity of chemicals used, produced or discharged; the 
likelihood of contact with storm water; and history of significant 
leaks or spills of toxic or hazardous pollutants. Flows with a 
significant potential for causing erosion shall be identified.
    (iii) The site map developed for the entire airport shall indicate 
the location of each tenant of the facility that conducts industrial 
activities as described in Part XI.S.1.a., and incorporate information 
from the tenants site map (including a description of industrial 
activities, significant materials exposed, and existing management 
practices).
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment of storm water runoff.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: aircraft, runway, ground vehicle and 
equipment maintenance and cleaning; aircraft and runway deicing/anti-
icing operations (including apron and centralized aircraft deicing/
anti-icing stations, runways, taxiways and ramps); outdoor storage 
activities; loading and unloading operations; and onsite waste 
disposal. The description shall specifically list any significant 
potential source of pollutants at the facility and for each potential 
source, any pollutant or pollutant parameter [e.g., biochemical oxygen 
demand (BOD5), oil and grease, etc.] of concern shall be 
identified.
    Facilities which conduct deicing/anti-icing operations shall 
maintain a record of the types [including the Material Safety Data 
Sheets (MSDS)] and monthly quantities of deicing/anti-icing chemicals 
used. Tenants and fixed-base operators who conduct deicing/anti-icing 
operations shall provide the above information to the airport authority 
for inclusion in the storm water pollution prevention plan for the 
entire facility.
    (3) Measures and Controls. Operators covered by this permit shall 
develop a description of storm water management controls appropriate 
for their areas of operation, and implement such controls. The priority 
in selecting controls shall reflect identified potential sources of 
pollutants at the facility. The description of storm water management 
controls shall address the following minimum components, including a 
schedule for implementing such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (i) Aircraft, Ground Vehicle and Equipment Maintenance Areas--
Permittees should ensure the maintenance of equipment is conducted in 
designated areas only and clearly identify these areas on the ground 
and delineate them on the site map. The plan must describe measures 
that prevent or minimize the contamination of the storm water runoff 
from all areas used for aircraft, ground vehicle and equipment 
maintenance (including the maintenance conducted on the terminal apron 
and in dedicated hangars). Management practices or equivalent measures 
such as performing maintenance activities indoors, maintaining an 
organized inventory of materials used in the maintenance areas, 
draining all parts of fluids prior to disposal, preventing the practice 
of hosing down the apron or hangar floor, using dry cleanup methods, 
and/or collecting the storm water runoff from the maintenance area and 
providing treatment or recycling should be considered.
    (ii) Aircraft, Ground Vehicle and Equipment Cleaning Areas--
Permittees should ensure that cleaning of equipment is conducted in 
designated areas only and clearly identify these areas on the ground 
and delineate them on the site map. The plan must describe measures 
that prevent or minimize the contamination of the storm water runoff 
from all areas used for aircraft, ground vehicle and equipment 
cleaning. Management practices such as performing cleaning operations 
indoors, and/or collecting the storm water runoff from the cleaning 
area and providing treatment or recycling should be considered.
    (iii) Aircraft, Ground Vehicle and Equipment Storage Areas--The 
storage of aircraft, ground vehicles and equipment awaiting maintenance 
must be confined to designated areas (delineated on the site map). The 
plan must describe measures that prevent or minimize the contamination 
of the storm water runoff from these areas. Management practices such 
as indoor storage of aircraft and ground vehicles, the use of drip pans 
for the collection of fluid leaks, and perimeter drains, dikes or berms 
surrounding storage areas should be considered.
    (iv) Material Storage Areas--Storage units of all materials (e.g., 
used oils, hydraulic fluids, spent solvents, and waste aircraft fuel) 
must be maintained in good condition, so as to prevent or minimize 
contamination of storm water, and plainly labeled (e.g., ``used oil,'' 
``Contaminated Jet A,'' etc.). The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
storage areas. Management practices or equivalent measures such as 
indoor storage of materials, centralized storage areas for waste 
materials, and/or installation of berming and diking around storage 
areas should be considered for implementation.
    (v) Airport Fuel System and Fueling Areas--The plan must describe 
measures that prevent or minimize the discharge of fuels to the storm 
sewer resulting from fuel servicing activities or other operations 
conducted in support of the airport fuel system. Where the discharge of 
fuels into the storm sewer cannot be prevented, the plan shall indicate 
measures that will be employed to prevent or minimize the discharge of 
the contaminated runoff into receiving 

[[Page 51217]]
surface waters. Management practices or equivalent measures such as 
implementing spill and overflow practices (e.g., placing sorptive 
materials beneath aircraft during fueling operations), using dry 
cleanup methods, and/or collecting the storm water runoff should be 
considered.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, removing debris from 
catch basins) as well as inspecting and testing facility equipment and 
systems to uncover conditions that could cause breakdowns or failures 
resulting in discharges of pollutants to surface waters, and ensuring 
appropriate maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. The plan shall 
describe material handling procedures, storage requirements, and 
consider the use of equipment such as diversion valves. Procedures for 
cleaning up spills shall be identified in the plan and made available 
to the appropriate personnel. The necessary equipment to implement a 
clean up should be available to personnel.
    (d) Source Reduction--Operators who conduct aircraft and/or runway 
(including taxiways and ramps) deicing/anti-icing operations shall 
evaluate present operating procedures to consider alternative practices 
to reduce the overall amount of deicing/anti-icing chemicals used and/
or lessen the environmental impact of the pollutant source.
    (i) With regard to runway deicing operations, operators, at a 
minimum, shall evaluate: present application rates to ensure against 
excessive over application; metered application of deicing chemical; 
pre-wetting dry chemical constituents prior to application; 
installation of runway ice detection systems; implementing anti-icing 
operations as a preventive measure against ice buildup; the use of 
substitute deicing compounds such as potassium acetate in lieu of 
ethylene glycol, propylene glycol and/or urea.
    (ii) In considering source reduction management practices for 
aircraft deicing operations, operators, at a minimum, should evaluate 
current application rates and practices to ensure against excessive 
over application, and consider pretreating aircraft with hot water 
prior to the application of a deicing chemical, thus reducing the 
overall amount of chemical used per operation.
    Source reduction measures that the operator determines to be 
reasonable and appropriate shall be implemented and maintained. The 
plan shall provide a narrative explanation of the options considered 
and the reasoning for whether or not to implement them.
    (e) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which prevent or 
reduce source(s) of pollutants) used to divert, infiltrate, reuse, or 
otherwise manage storm water runoff in a manner that reduces pollutants 
in storm water discharges from the site. The potential of various 
sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.S.3.a.(2) (Description of Potential Pollutant Sources)] shall be 
considered. Appropriate measures or equivalent measures may include: 
vegetative swales, reuse of collected storm water (such as for a 
process or as an irrigation source), inlet controls (such as oil/water 
separators), snow management activities, infiltration devices, and wet 
detention/retention devices. Measures that the permittee determines to 
be reasonable and appropriate shall be implemented and maintained.
    (i) Operators that conduct aircraft and/or runway deicing/anti-
icing operations shall also provide a narrative consideration of 
management practices to control or manage contaminated runoff from 
areas where deicing/anti-icing operations occur to reduce the amount of 
pollutants being discharged from the site. Structural controls such as 
establishing a centralized aircraft deicing facility, and/or collection 
of contaminated runoff for treatment or recycling should be considered. 
Collection and treatment alternatives include, but are not limited to, 
retention basins, detention basins with metered controlled release, 
Underground Storage Tanks (USTs) and/or disposal to Publicly Owned 
Treatment Works (POTW) by way of sanitary sewer or hauling tankers. 
Runoff management controls that the operator determines to be 
reasonable and appropriate shall be implemented and maintained. The 
plan should consider the recovery of deicing/anti-icing materials when 
these materials are applied during non-precipitation events to prevent 
these materials from later becoming a source of storm water 
contamination. The plan shall provide a narrative explanation of the 
controls selected and the reasons for their selection.
    (f) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.S.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility specified in the plan. The 
inspection frequency shall be specified in the plan, but at a minimum 
be conducted once per week during deicing/anti-icing application 
periods for areas where deicing/anti-icing operations are being 
conducted. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained. The use of a 
checklist developed by the pollution prevention team is encouraged.
    (g) Pollution Prevention Training--Pollution prevention training 
programs shall be developed to inform management and personnel 
responsible for implementing activities identified in the storm water 
pollution prevention plan of the components and goals of the plan. 
Training should address topics such as spill response, good 
housekeeping, aircraft and runway deicing/anti-icing procedures, and 
material management practices. The pollution prevention plan shall 
identify periodic dates for such training.
    (h) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan. Inspections and maintenance 
activities shall be documented and records shall be incorporated into 
the plan.
    (i) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge 
points have been tested or evaluated for the presence of non-storm 
water discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of 

[[Page 51218]]
access to the ultimate conduit which receives the discharge. In such 
cases, the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.S.3.a.(3)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, other sources 
of non-storm water listed in Part III.A.2 (Non-storm Water Discharges) 
of this permit that are combined with storm water discharges associated 
with industrial activity must be identified in the plan. The plan shall 
identify and ensure the implementation of appropriate pollution 
prevention measures for the non-storm water component(s) of the 
discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting a notice of intent to be 
covered by this permit. If the failure to certify is caused by the 
inability to perform adequate tests or evaluations, such notification 
shall describe: the procedure of any test conducted for the presence of 
non-storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (j) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations during periods of deicing/
anti-icing operations at appropriate intervals specified in the plan, 
but in no case less than once a year. Such evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.S.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.S.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.S.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(f), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. During the period beginning on the effective date and lasting 
through the expiration date of this permit, (airports that use more 
than 100,000 gallons of glycol-based deicing/anti-icing) chemicals and/
or 100 tons or more of urea on an average annual basis):
    (1) Shall prepare estimates for annual pollutant loadings resulting 
from discharges of spent deicing/anti-icing chemicals from the entire 
airport. The loading estimates shall reflect the amounts of deicing/
anti-icing chemicals discharged to separate storm sewer systems or 
surface waters, prior to and after implementation of the facility's 
storm water pollution prevention plan. Such estimates shall be reviewed 
by an environmental professional, and certified by such professional. 
By means of the certification, the environmental professional, having 
examined the facility's deicing/anti-icing procedures, and proposed 
control measures described in the storm water pollution prevention 
plan, shall attest that the loading estimates have been accurately 
prepared. Certified loading estimates are to be retained at the airport 
facility and attached to the storm water pollution prevention plan.
    b. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], airports that use more than 100,000 gallons of 
glycol-based deicing/anti-icing chemicals and/or 100 tons or more of 
urea on an average annual basis shall monitor outfalls from the airport 
facility that collect runoff from areas where deicing/anti icing 
activities occur, except as provided in paragraph 5.a.(3) (Sampling 
Waiver). Airports which are subject to these monitoring requirements 
must sample their storm water discharges for the parameters listed in 
Table S-1 below. Such facilities must report in accordance with 5.b. 
(Reporting). In addition to the parameters listed in Table S-1 below, 
the permittee shall provide the date and duration (in hours) of the 
precipitation event(s) sampled; measurements or estimates (in inches) 
of the precipitation event that generated the sampled runoff; the 
duration between the event sampled and the end of the previous 
measurable (greater than 0.1 inch rainfall) event; and an estimate of 
the total volume (in gallons) of the discharge sampled.

                                                                        

[[Page 51219]]
                   Table S-1.--Monitoring Requirements                  
------------------------------------------------------------------------
                                                     Monitoring cut-off 
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Biochemical Oxygen Demand (BOD5)..................  30 mg/L             
Chemical Oxygen Demand (COD)......................  120 mg/L            
Ammonia...........................................  19 mg/L             
pH................................................  6.0 to 9 s.u.       
------------------------------------------------------------------------



    For the purposes of today's final permit, the ``average annual'' 
usage rate of deicing/anti-icing chemicals is determined by averaging 
the cumulative amount of deicing/anti-icing chemicals used by all 
operators at the airport facility in the 3 previous calendar years.
    (1) Monitoring Periods. Airports where more than 100,000 gallons of 
glycol-based deicing/anti-icing chemicals and/or 100 tons or more of 
urea are used on an average annual basis shall monitor outfalls from 
the facility that collect runoff from areas where deicing/anti-icing 
activities occur four times per year during the months of December, 
January, and February when deicing/anti-icing activities are occurring, 
in the years specified in paragraph b. (above).
    (2) Sample Type. A minimum of one grab sample and one flow-weighted 
composite sample shall be taken from each outfall that collects runoff 
from areas where deicing/anti-icing activities occur. All such samples 
shall be collected from a discharge resulting from a precipitation 
event that is greater than 0.1 inches in magnitude and that occurs at 
least 72 hours from the previously measurable (greater than 0.1 inch 
rainfall) precipitation event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample should be taken when pollutant concentrations in the storm 
water/melt water discharges from deicing/anti-icing operations are 
expected to be at a maximum. The recommended methodology for performing 
grab and flow-weighted composite sampling is described at 40 CFR 
122.21(g)(7). The permittee has the option to submit site-specific 
deicing/anti-icing discharge monitoring protocol and methodology, 
better suited to the particular facility, to the Director for approval.
    (3) Sampling Waiver.
    (a) Adverse Conditions--Adverse weather conditions that may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as high winds, blizzard 
conditions, ice storms, etc.) or otherwise make the collection of a 
sample impracticable (extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
parameter calculated from all grab samples collected during the 
monitoring period [insert date 1 year after permit issuance] lasting 
through [insert date 2 years after permit issuance] is less than the 
corresponding value for that parameter listed in Table S-1 under the 
column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. The Alternative Certification 
provision discussed in other sections of Part XI is not applicable to 
discharges included under Part XI.S. (Storm Water Discharges Associated 
with Industrial Activity from Vehicle Maintenance Areas, Equipment 
Cleaning Areas, or Deicing/Anti-icing Areas Located at Air 
Transportation Facilities).
    (c) Reporting. Airports identified in Part XI.S.5.6 shall submit 
monitoring results obtained during the reporting period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of March [insert the date 2 years 
after permit issuance]. Monitoring results obtained during the period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance] shall be submitted on 
Discharge Monitoring Report Form(s) postmarked no later than the 31st 
day of March [insert date 4 years after permit issuance]. A separate 
Discharge Monitoring Report Form is required for each sampling period. 
For each outfall, one signed Discharge Monitoring Report form must be 
submitted to the Director per storm event sampled. Signed copies of 
Discharge Monitoring Reports, or waiver, shall be submitted to the 
Director of the NPDES program at the address of the appropriate 
Regional Office listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph cb (above), 
facilities identified in Part XI.S.5.6 that discharge storm water to a 
large or medium municipal separate storm sewer system (systems serving 
a population of 100,000 or more) must submit signed copies of discharge 
monitoring reports to the operator of the municipal separate storm 
sewer system in accordance with the dates provided in paragraph bc 
(above).

[[Page 51220]]


T. Storm Water Discharges Associated With Industrial Activity From 
Treatment Works

1. Discharges Covered Under This Section
    a. This permit covers all existing point source discharges of storm 
water from treatment works treating domestic sewage or any other sewage 
sludge or wastewater treatment device or system, used in the storage, 
treatment, recycling, and reclamation of municipal or domestic sewage, 
including lands dedicated to the disposal of sewage sludge that are 
located within the confines of the facility with a design flow of 1.0 
MGD or more, or required to have an approved pretreatment program under 
40 CFR Part 403. When an industrial facility, described by the above 
coverage provisions of this section, has industrial activities being 
conducted onsite that meet the description(s) of industrial activities 
in another section(s), that industrial facility shall comply with any 
and all applicable monitoring and pollution prevention plan 
requirements of the other section(s) in addition to all applicable 
requirements in this section. The monitoring and pollution prevention 
plan terms and conditions of this multi sector permit are additive for 
industrial activities being conducted at the same industrial facility 
(co-located industrial activities). The operator of the facility shall 
determine which other monitoring and pollution prevention plan 
section(s) of this permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. Prohibited non-storm 
water discharges including sanitary and industrial wastewater, and 
equipment and vehicle washwaters are not authorized by this permit. The 
operators of such discharges must obtain coverage under a separate 
NPDES permit if discharged to waters of the United States or through a 
municipal separate storm sewer system.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of the Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team who are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage--A site map indicating the location of each point of 
discharge of storm water associated with industrial activity, types of 
discharges contained in the drainage areas of the outfalls, an outline 
of the portions of the drainage area of each storm water outfall that 
are within the facility boundaries (with a prediction of the direction 
of flow), each existing structural control measure to reduce pollutants 
in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part III.B. (Spills and Leaks) 
of this permit have occurred. In addition, the locations of the 
following activities shall be indicated: fueling areas; vehicle and 
equipment maintenance and/or cleaning areas; locations used for 
treatment, storage and disposal areas for wastes, liquid storage tanks, 
processing areas and storage areas for process chemicals, petroleum 
products, solvents, fertilizers, herbicides and pesticides; and 
loading/unloading areas.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Summary of Potential Pollutant Sources--A narrative description 
of the potential pollutant sources from the following activities 
associated with treatment works: access roads/rail lines; loading and 
unloading operations; outdoor storage activities; material handling 
sites; outdoor manufacturing or processing activities; significant dust 
or particulate generating processes; and onsite waste disposal 
practices. The description shall specifically list any significant 
potential source of pollutants at the site and for each potential 
source, any pollutant or pollutant parameter (e.g., acid, bases, and 
solvents, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--All areas that may contribute pollutants to 
storm waters discharges shall be maintained in a clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems. 

[[Page 51221]]

    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points, shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures and equipment for cleaning up spills 
shall be identified in the plan and made available to the appropriate 
personnel.
    (d) Inspections--In addition to the comprehensive site evaluation 
required under Part XI.T.3.a.(4) of this permit, qualified facility 
personnel shall be identified to inspect designated equipment and areas 
of the facility on a periodic basis. The following areas shall be 
included in all inspections: access roads/rail lines, equipment storage 
and maintenance areas (both indoor and outdoor areas); fueling; 
material handling areas, residual treatment, storage, and disposal 
areas; and wastewater treatment areas. A set of tracking or follow-up 
procedures shall be used to ensure that appropriate actions are taken 
in response to the inspections. Records of inspections shall be 
maintained. The use of a checklist developed by the facility is 
encouraged.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify how often training will take place, but 
training should be held at least annually (once per calendar year). 
Employee training must, at a minimum, address the following areas when 
applicable to a facility: petroleum product management; process 
chemical management; spill prevention and control; fueling procedures; 
general good housekeeping practices; proper procedures for using 
fertilizers, herbicides and pesticides.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be practical if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not practical, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with Part XI.T.3.a.(3)(g)(iv) 
(Failure to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) A copy of all the current NPDES permit issued for wastewater, 
industrial, vehicle and equipment washwater discharges or, if an NPDES 
permit has not yet been issued, a copy of the pending application must 
be attached to the plan. For facilities that discharge vehicle and 
equipment washwaters to the sanitary sewer system, the operator of the 
sanitary system and associated treatment plant must be notified. In 
such cases, a copy of the notification letter must be attached to the 
plan. If an industrial user permit is issued under a pretreatment 
program, a copy of that permit must be attached in the plan. In all 
cases, any permit conditions must be considered in the plan. If the 
washwaters are handled in another manner (e.g., hauled offsite), the 
disposal method must be described and all pertinent documentation 
(e.g., frequency, volume, destination, etc.) must be attached to the 
plan.
    (iv) Failure to Certify. Any facility that is unable to provide the 
certification required (testing for non-storm water discharges), must 
notify the Director by [insert date 270 days after permit issuance] or, 
for facilities that begin to discharge storm water associated with 
industrial activity after [insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notifications shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States that are not authorized by an 
NPDES permit are unlawful and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see Part XI.T.3.a.(2) 
(Description of Potential Pollutant Sources) of this permit] shall be 
considered when determining reasonable and appropriate measures. 
Appropriate measures or other equivalent measures may include: 
vegetative swales and practices, reuse of collected storm water (such 
as for a process or as an irrigation source), inlet controls (such as 
oil/water separators), snow management activities, infiltration 
devices, and wet detention/retention devices. 

[[Page 51222]]

    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.T.3.a.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.T.3.a.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.T.3.a.(4)(b) of the permit shall be made and retained as 
part of the storm water pollution prevention plan for at least 3 years 
after the date of the evaluation. The report shall identify any 
incidents of noncompliance. Where a report does not identify any 
incidents of noncompliance, the report shall contain a certification 
that the facility is in compliance with the storm water pollution 
prevention plan and this permit. The report shall be signed in 
accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no numeric effluent limitations beyond those in Part V.B.
5. Monitoring and Reporting Requirements
    a. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each of the following designated periods during daylight hours 
unless there is insufficient rainfall or snow melt to produce a runoff 
event: January through March; April through June; July through 
September; and October through December.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
results of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

U. Storm Water Discharges Associated With Industrial Activity From Food 
and Kindred Products Facilities

1. Discharges Covered Under This Section
    This section covers all storm water discharges from food and 
kindred products processing facilities (commonly identified by Standard 
Industrial Classification (SIC) code 20), including: meat products; 
dairy products; canned, frozen and preserved fruits, vegetables, and 
food specialties; grain mill products; bakery products; sugar and 
confectionery products; fats and oils; beverages; and miscellaneous 
food preparations and kindred products and tobacco products 
manufacturing (SIC Code 21), except for storm water 

[[Page 51223]]
discharges identified under paragraph I.B.3. where industrial plant 
yards; material handling sites; refuse sites; sites used for 
application or disposal of process wastewaters; sites used for storage 
and maintenance of material handling equipment; sites used for 
residential treatment, storage, or disposal; shipping and receiving 
areas; manufacturing buildings; and storage areas for raw material and 
intermediate and finished products are exposed to storm water and areas 
where industrial activity has taken place in the past and significant 
materials remain. For the purposes of this paragraph, material handling 
activities include the storage, loading, and unloading, transportation, 
or conveyance of any raw material, intermediate product, finished 
product, by-product, or waste product.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges.
    (1) Discharges of non-storm water, including boiler blowdown, 
cooling tower overflow and blowdown, ammonia refrigeration purging, and 
vehicle washing/clean-out operations, to waters of the United States, 
or through municipal separate storm sewer systems, are not authorized 
by this permit (except those discharges identified in part III.A.2 in 
the permit). The operators of such discharges must obtain coverage 
under a separate NPDES wastewater discharge permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage--A site map indicating the pattern of storm water 
drainage, existing structural control measures to reduce pollutants in 
storm water runoff, surface water bodies, locations where significant 
materials are exposed to precipitation, and locations where major 
spills or leaks identified under Part XI.U.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred since 3 years prior to the date of 
the submission of a Notice of Intent (NOI) to be covered under this 
permit. The map must also indicate the locations of all industrial 
activities that are exposed to precipitation, including, but not 
limited to: loading/unloading areas; vehicle fueling; vehicle and 
equipment maintenance and/or cleaning areas; waste treatment, storage 
and disposal locations; liquid storage tanks; vents and stacks from 
cooking, drying, and similar operations, dry product vacuum transfer 
lines; animal holding pens; spoiled product and broken product 
container storage areas; significant dust or particulate generating 
areas; and any other processing and storage areas exposed to storm 
water. Flows with a significant potential for causing erosion shall 
also be identified. In addition, the site map must identify monitoring 
locations. In addition, the map must indicate the outfall locations and 
the types of discharges contained in the drainage areas of the 
outfalls.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Summary of Potential Pollutant Sources--The description of 
potential pollutant sources culminates in a narrative assessment of the 
risk potential that the industrial activities, materials, and physical 
features of the site, as identified in XI.U.3.a.(2)(a) (drainage), pose 
to storm water quality. The description shall specifically list any 
significant potential source of pollutants at the site and for each 
potential source, any pollutant or pollutant parameter (e.g., 
biochemical oxygen demand, oil and grease, etc.) of concern shall be 
identified.
    In addition to food and kindred products processing-related 
industrial activities, the plan must also describe application/storage 
of pest control chemicals (e.g., rodenticides, insecticides, 
fungicides, and others) used on plant grounds, including a description 
of pest control application and chemical storage practices.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following 

[[Page 51224]]
minimum components, including a schedule for implementing such 
controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm waters discharges in 
a clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Areas that must 
be identified should include loading/unloading stations, outdoor 
storage areas, and waste management areas exposed to storm water. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to the comprehensive site evaluation 
required under Part XI.U.3.a.(4) of this section, qualified facility 
personnel shall be identified to inspect designated equipment and areas 
of the facility. At a minimum, the following areas, where the potential 
for exposure to storm water exists, must be inspected on a regularly 
scheduled basis: loading and unloading areas for all significant 
materials; storage areas, including associated containment areas; waste 
management units; vents and stacks emanating from industrial 
activities; spoiled product and broken product container holding areas; 
animal holding pens; staging areas; and air pollution control 
equipment. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained. Based on the 
results of the inspection, the description of potential pollutant 
sources and pollution prevention measures and controls identified in 
the plan shall be revised as appropriate within 2 weeks of such 
inspection and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
inspection.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, material management practices, unloading/loading 
practices, outdoor storage areas, waste management practices, pest 
control, and improper connections to the storm sewer. At a minimum, 
this training must be provided annually. The pollution prevention plan 
shall identify frequencies and approximate dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan. Ineffective 
BMPs must be recorded and the date of their corrective actions noted in 
the plan.
    (g) Non-storm Water Discharges
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with Part XI.U.3.a.(3)(g)(iv) 
(Failure to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) If the facility discharges wastewater, other than storm water 
via an existing NPDES permit, a copy of the NPDES permit authorizing 
the discharge must be attached to the plan. Similarly, if the facility 
submitted an application for an NPDES permit for non-storm water 
discharges, but has not yet received that permit, a copy of the permit 
application must be attached. Upon issuance or reissuance of an NPDES 
permit, the facility must modify its plan to include a copy of that 
permit.
    (iv) Failure To Certify--Any facility that is unable to provide the 
certification required (testing for non-storm water discharges), must 
notify the Director by [Insert date 270 days after permit issuance] or, 
for facilities which begin to discharge storm water associated with 
industrial activity after [Insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States which are not authorized by 
an NPDES permit are unlawful and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which 

[[Page 51225]]
control the generation or source(s) of pollutants) used to divert, 
infiltrate, reuse, or otherwise manage storm water runoff in a manner 
that reduces pollutants in storm water discharges from the site. The 
plan shall provide that measures that the permittee determines to be 
reasonable and appropriate shall be implemented and maintained. The 
potential of various sources at the facility to contribute pollutants 
to storm water discharges associated with industrial activity [see Part 
XI.U.3.a.(2) (Description of Potential Pollutant Sources) of this 
permit] shall be considered when determining reasonable and appropriate 
measures. Appropriate measures or equivalent measures may include: 
vegetative swales and practices, reuse of collected storm water (such 
as for a process or as an irrigation source), inlet controls (such as 
oil/water separators), snow management activities, infiltration 
devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Where 
compliance evaluation schedules overlap with inspections required under 
XI.U.3.a.(3)(d) of this section, the compliance evaluation may be 
conducted in place of one such inspection. Such evaluations shall 
provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.U.3.a.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.U.3.a.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
inspection and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
inspection.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.U.3.a.(4)(d) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) The storm water pollution prevention plan must 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 sources contained in the plan, (2) determine the 
effectiveness of the plan, and (3) assess compliance with the terms and 
conditions of the permit. The individual or individuals who will 
conduct the evaluations must be identified in the plan and should be 
members of the pollution prevention team, as identified in Part 
XI.U.3.a.(1) (Pollution Prevention Team).
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with grain mill and fats and oils products 
facilities must monitor their storm water discharges associated with 
industrial activity at least quarterly (4 times per year) during years 
2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
Certification). Grain mill and fats and oils products facilities are 
required to monitor their storm water discharges for the pollutants of 
concern listed in Table U-1 or U-2 below. Facilities must report in 
accordance with 5.b. (Reporting). In addition to the parameters listed 
in Table U-1 or U-2 below, the permittee shall provide the date and 
duration (in hours) of the storm event(s) sampled; rainfall 
measurements or estimates (in inches) of the storm event that generated 
the sampled runoff; the duration between the storm event sampled and 
the end of the previous measurable (greater than 0.1 inch rainfall) 
storm event; and an estimate of the total volume (in gallons) of the 
discharge sampled.

                     Table U-1.--Grain Mill Products                    
------------------------------------------------------------------------
                                                            Cut-off     
                 Pollutant of concern                  concentration(mg/
                                                               L)       
------------------------------------------------------------------------
Total Suspended Solids...............................             100   
------------------------------------------------------------------------


       Table U-2.--Fats and Oils Products Monitoring Requirements       
------------------------------------------------------------------------
                                                            Cut-off     
                 Pollutant of concern                  concentration(mg/
                                                               L)       
------------------------------------------------------------------------
Biochemical Oxygen Demand (BOD5).....................              30   
Chemical Oxygen Demand (COD).........................             120   
Nitrate Plus Nitrite Nitrogen........................            0.68   
Total Suspended Solids...............................             100   
------------------------------------------------------------------------

    (1) Monitoring Periods. Grain mill and fats and oils products 
facilities shall monitor samples collected during the sampling periods 
of: January to March, April to June, July to September, and October to 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 

[[Page 51226]]
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or non-process water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver.
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table U-1 
under the column Monitoring Cut-off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility which drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall, or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity, that are located in areas of the 
facility within the drainage area of the outfall are not presently 
exposed to storm water and are not expected to be exposed to storm 
water for the certification period. Such certification must be retained 
in the storm water pollution prevention plan, and submitted to EPA in 
accordance with Part VI.C. of this permit. In the case of certifying 
that a pollutant is not present, the permittee must submit the 
certification along with the monitoring reports required under 
paragraph (b) below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations.
    b. Reporting. Permittees with grain mill and fats and oils products 
facilities shall submit monitoring results for each outfall associated 
with industrial activity [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the reporting period 
beginning [insert date 1 year after permit issuance] lasting through 
[insert date 2 years after permit issuance] on Discharge Monitoring 
Report Form(s) postmarked no later than the 31st day of the following 
March [insert the date 2 years after permit issuance]. Monitoring 
results (or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the period beginning [insert date 3 years 
after permit issuance] lasting through [insert date 4 years after 
permit issuance] shall be submitted on Discharge Monitoring Report 
Form(s) postmarked no later than the 31st day of the following March. 
For each outfall, one signed Discharge Monitoring Report form must be 
submitted to the Director per storm event sampled. Signed copies of 
Discharge Monitoring Reports, or said certifications, shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office listed in Part VI.G. of the fact sheet to 
this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above) 
food and kindred products, facilities with at least one storm water 
discharge associated with industrial activity through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system in 
accordance with the dates provided in paragraph b (above).
    a. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination(s) must be made at least 
once in each of the following 3-month periods: January through March, 
April through June, July through September, and October through 
December. The examination shall be made during daylight hours unless 
there is insufficient rainfall or snow melt to produce a runoff event.
    (1) Examinations shall be made of a grab sample collected within 
the first 30 minutes (or as soon thereafter as practical, but not to 
exceed 1 hour) of 

[[Page 51227]]
when the runoff or snowmelt begins discharging. The examinations shall 
document observations of color, odor, clarity, floating solids, settled 
solids, suspended solids, foam, oil sheen, and other obvious indicators 
of storm water pollution. The examination must be conducted in a well 
lit area. No analytical tests are required to be performed on the 
samples. All such samples shall be collected from the discharge 
resulting from a storm event that is greater than 0.1 inches in 
magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)) shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

V. Storm Water Discharges Associated With Industrial Activity From 
Textile Mills, Apparel, and Other Fabric Product Manufacturing 
Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges from the following activities: Textile Mill Products, 
of and regarding facilities and establishments engaged in the 
preparation of fiber and subsequent manufacturing of yarn, thread, 
braids, twine, and cordage, the manufacturing of broadwoven fabrics, 
narrow woven fabrics, knit fabrics, and carpets and rugs from yarn; 
processes involved in the dyeing and finishing of fibers, yarn fabrics, 
and knit apparel; the integrated manufacturing of knit apparel and 
other finished articles of yarn; the manufacturing of felt goods 
(wool), lace goods, nonwoven fabrics, miscellaneous textiles, and other 
apparel products (generally described by SIC codes 22 and 23).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    a. Prohibition of Non-storm Water Discharges.
    (1) In addition to the general prohibition of non-storm waster 
discharges at Part III A.2 of this permit to discharges of wastewater, 
such as wastewater as a result of wet processing, wastewaters resulting 
from any processes relating to the production process, reused or 
recycled water, and waters used in cooling towers are prohibited under 
this permit. Operators of such discharges to waters of the United 
States, must obtain coverage under a separate NPDES permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team who are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.V.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: 

[[Page 51228]]
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes, liquid storage tanks or silos, bulk storage areas 
that may exist, processing areas and storage areas, fueling stations, 
vehicle and equipment maintenance and/or cleaning areas. The map must 
indicate the outfall locations and the types of discharges contained in 
the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; outdoor manufacturing or processing 
activities; significant dust or particulate generating processes; 
onsite waste disposal practices; industry-specific significant 
materials and industrial activities (e.g., backwinding, beaming, 
bleaching, backing, bonding carbonizing, carding, cut and sew 
operations, desizing, drawing, dyeing flocking, fulling, knitting, 
mercerizing, opening, packing, plying, scouring, slashing, spinning, 
synthetic-felt processing, textile waste processing, tufting, turning, 
weaving, web forming, winging, yarn spinning, and yarn texturing). The 
description shall specifically list any significant potential source of 
pollutants at the site and for each potential source, any pollutant or 
pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. The following areas must be specifically 
addressed, when applicable at the facility:
    (i) Material Storage Areas--All stored and containerized materials 
(fuels, petroleum products, solvents, dyes, etc.) must be stored in a 
protected area, away from drains and clearly labeled. The plan must 
describe measures that prevent or minimize contamination of storm water 
runoff from such storage areas. The facility should specify which 
materials are stored indoors and must provide a description of the 
containment area or enclosure for those materials which are stored 
outdoors. Above ground storage tanks, drums, and barrels permanently 
stored outside must be delineated on the site map with a description of 
the appropriated containment measures in place to prevent leaks and 
spills. The facility may consider an inventory control plan to prevent 
excessive purchasing, storage, and handling of potentially hazardous 
substances. In the case of storage of empty chemical drums and 
containers, facilities should employ practices which ensure that 
barrels are clean and residuals are not subject to contact with storm 
water, such practices may include triple-rinsing containers. The 
discharge waters from such washings must be collected and disposed of 
properly.
    (ii) Material Handling Area--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
materials handling operations and areas. The facility may consider the 
use of spill and overflow protection; covering fueling areas; covering 
and enclosing areas where the transfer of materials may occur. Where 
applicable, the plan must address the replacement or repair of leaking 
connections, valves, transfer lines and pipes that may carry chemicals, 
dyes, or wastewater.
    (iii) Fueling Areas--The plan must describe measures that prevent 
or minimize contamination of the storm water runoff from fueling areas. 
The facility may consider covering the fueling area, using spill and 
overflow protection, minimizing runon of storm water to the fueling 
area, using dry cleanup methods, and/or collecting the storm water 
runoff and providing treatment or recycling.
    (iv) Above Ground Storage Tank Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from above ground storage tank areas. The facility must consider 
storage tanks and their associated piping and valves. The facility may 
consider regular cleanup of these areas, preparation of a spill 
prevention control and countermeasure program, provide spill and 
overflow protection, minimizing runon of storm water from adjacent 
areas, restrict access to the area, insertion of filters in adjacent 
catch basins, provide absorbent booms in unbermed fueling areas, use of 
dry cleanup methods, and permanently sealing drains within critical 
areas that may discharge to a storm drain.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, sediment traps, catch 
basins, infiltration devices, ponds) as well as inspecting and testing 
facility equipment and systems to uncover conditions that could cause 
breakdowns 

[[Page 51229]]
or failures resulting in discharges of pollutants to surface waters, 
and ensuring appropriate maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at 
appropriate intervals specified in the plan. Inspection intervals are 
to occur on a monthly basis. Inspections of this nature shall include, 
but not be limited to, the following areas: all containment and storage 
areas, transfer and transmission lines, spill prevention, good 
housekeeping practices, management of process waste products, all 
structural and nonstructural management practices. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify dates for such training to take place at 
least annually (once per calendar year). Employee training must, at a 
minimum address the following areas when applicable to a facility: use 
of reused/recycled waters; solvents management; proper disposal of 
dyes; proper disposal of petroleum products and spent lubricants; spill 
prevention and control; fueling procedures; and general good 
housekeeping practices. Employees, independent contractors, and 
customers must be informed about BMPs and be required to perform in 
accordance with these practices. Copies of BMPs and any specific 
management plans, including emergency phone numbers, shall be posted in 
the work areas.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.V.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. of this permit that are 
combined with storm water discharges associated with industrial 
activity must be identified in the plan. The plan shall identify and 
ensure the implementation of appropriate pollution prevention measures 
for the non-storm water component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.V.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or other equivalent measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity (storage tank areas, waste disposal and storage 
areas, dumpsters and open containers stored outside, materials storage 
areas, engine maintenance and repair areas, material handling areas, 
and loading dock areas) shall be visually inspected for evidence of, or 
the potential for, pollutants 

[[Page 51230]]
entering the drainage system. Measures to reduce pollutant loadings 
shall be evaluated to determine whether they are adequate and properly 
implemented in accordance with the terms of the permit or whether 
additional control measures are needed. Structural storm water 
management measures, sediment and erosion control measures, and other 
structural pollution prevention measures identified in the plan shall 
be observed to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.V.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.V.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.V.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a representative 
storm water discharge associated with industrial activity from each 
outfall, except discharges exempted below. The examination must be made 
at least once in each designated period [described in (1), below] 
during daylight hours unless there is insufficient rainfall or snow 
melt to produce a runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Whenever 
practicable the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (3) Visual examination reports must be maintained in the pollution 
prevention plan. The report shall include the examination date and 
time, examination personnel, the nature of the discharge (i.e., runoff 
or snow melt), visual quality of the storm water discharge (including 
observations of color, odor, clarity, floating solids, settled solids, 
suspended solids, foam, oil sheen, and other obvious indicators of 
storm water pollution), and probable sources of any observed storm 
water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and an explanation in detail why the 
outfalls are expected to discharge substantially identical effluents. 
In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

W. Storm Water Discharges Associated With Industrial Activity From Wood 
and Metal Furniture and Fixture Manufacturing Facilities

1. Discharges Covered Under This Section.
    The requirements listed under this section shall apply to storm 
water discharges associated with industrial activities from facilities 
involved in the manufacturing of: wood kitchen cabinets (generally 
described by SIC code 2434); household furniture (generally described 
by SIC code 251); office furniture (generally described by SIC code 
252); public buildings and related furniture (generally described by 
SIC code 253); partitions, shelving, lockers, and office and store 
fixtures (generally described by SIC code 254); and miscellaneous 
furniture and fixtures (generally described by SIC code 259). 

[[Page 51231]]

    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water Discharges. This section does not 
cover any discharge subject to process wastewater effluent limitation 
guidelines, including storm water that combines with process 
wastewater.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.W.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations; vehicle and equipment maintenance and/or cleaning areas; 
loading and unloading areas; material storage (including tanks or other 
vessels used for liquid or waste storage) areas; outdoor material 
processing areas; areas where wastes are treated, stored, or disposed; 
access roads; and rail spurs. The map must indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of the chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; outdoor manufacturing or processing 
activities; significant dust or particulate generating processes; and 
onsite waste treatment, storage, or disposal practices. The description 
shall specifically list any significant potential source of pollutants 
at the site and for each potential source, any pollutant or pollutant 
parameter (e.g., biochemical oxygen demand, etc.) of concern shall be 
identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm 

[[Page 51232]]
water pollution prevention plan. Where appropriate, specifying material 
handling procedures, storage requirements, and use of equipment such as 
diversion valves in the plan should be considered. Procedures for 
cleaning up spills shall be identified in the plan and made available 
to the appropriate personnel. The necessary equipment to implement a 
clean up should be available to personnel.
    (d) Inspections--In addition to the comprehensive site compliance 
evaluation required under Part XI.W.3.a.(4), of this permit, qualified 
facility personnel shall be identified to inspect the following on a 
quarterly basis: the integrity of storm water discharge diversions, 
conveyance systems, sediment control and collection systems, and 
containment structures; vegetative BMPs to determine if soil erosion 
has occurred; and material handling and storage areas and other 
potential sources of pollution for evidence of actual or potential 
pollutant discharges of contaminated storm water. Information must be 
maintained onsite and include the inspection date and time and the name 
of personnel conducting the visual inspection. The pollution prevention 
plan must be updated based on the results of each inspection. A set of 
tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections shall be maintained. The use of a checklist developed by 
the facility is encouraged.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), BMP inspection and 
maintenance activities, along with other information describing the 
quality and quantity of storm water discharges shall be included in the 
plan required under this part. Inspections and maintenance activities 
shall be documented and records of such activities shall be 
incorporated into the plan. Ineffective BMPs must be reported and the 
date of their corrective action noted.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.W.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.W.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or other equivalent measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but, in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity including, but not limited to, coal piles, ash 
disposal areas, loading/unloading operations, and waste treatment, 
storage, or disposal locations shall be visually inspected for evidence 
of, or the potential for, pollutants entering the drainage system. 
Measures to reduce pollutant loadings shall be evaluated to determine 
whether they are adequate and properly implemented in accordance with 
the terms of the permit or whether additional control measures are 
needed. Structural storm water management measures, sediment and 
erosion control measures, and other structural pollution prevention 
measures identified in the plan shall be observed to ensure that they 
are operating correctly. A visual 

[[Page 51233]]
inspection of equipment needed to implement the plan, such as spill 
response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.W.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.W.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.W.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under XI.W.3.a.(3)(d), the compliance evaluation may be 
conducted in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Monitoring Requirements.
    (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period (described in (a), below) during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Whenever 
practicable the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (c) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (d) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    (e) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (f) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
(e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
65 percent)) shall be provided in the plan.
    (g) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).

X. Storm Water Discharges Associated With Industrial Activity From 
Printing and Publishing Facilities

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to storm 
water discharges associated with industrial activity from the following 
types of facilities: book printing (SIC Code 2732); commercial 
printing, lithographic (SIC Code 2752); commercial printing, gravure 
(SIC Code 2754); commercial printing, not elsewhere classified (SIC 
Code 2759); and platemaking and related services (SIC Code 2796).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being 

[[Page 51234]]
conducted onsite that meet the description(s) of industrial activities 
in another section(s), that industrial facility shall comply with any 
and all applicable monitoring and pollution prevention plan 
requirements of the other section(s) in addition to all applicable 
requirements in this section. The monitoring and pollution prevention 
plan terms and conditions of this multi-sector permit are additive for 
industrial activities being conducted at the same industrial facility 
(co-located industrial activities). The operator of the facility shall 
determine which other monitoring and pollution prevention plan 
section(s) of this permit (if any) are applicable to the facility.
2. Special Conditions
    There are no additional special conditions beyond those found in 
Part III. of today's permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.X.3.a.(2)(c) (Spills and 
Leaks) of this section have occurred, and the locations of the 
following activities where such activities are exposed to 
precipitation: fueling stations, vehicle and equipment maintenance and/
or cleaning areas, loading/unloading areas, locations used for the 
treatment, storage or disposal of wastes, liquid storage tanks, 
processing areas and storage areas. Above ground storage tanks, drums, 
and barrels permanently stored outside must be delineated on the site 
map. The map must indicate the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of the chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities associated with printing, publishing and 
allied facilities: loading and unloading operations; outdoor storage 
activities; significant dust or particulate generating processes; and 
onsite waste disposal practices (i.e., blanket wash). The description 
shall specifically list any significant potential source of pollutants 
at the site and for each potential source, any pollutant or pollutant 
parameter (e.g., oil and grease, scrap metal, etc.) of concern shall be 
identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. Areas where good housekeeping should be 
implemented include:
    (i) Material Storage Areas--All stored and containerized materials 
(skids, pallets, solvents, bulk inks, and hazardous waste, empty drums, 
portable/mobile containers of plant debris, wood crates, steel racks, 
fuel oil, etc.) should be stored in a protected area, away from drains 
and properly labeled. The plan should describe measures that prevent or 
minimize contamination of the storm water runoff from such storage 
areas. The facility should specify which materials are stored indoors 
and must provide a description of the containment area or enclosure for 
those materials which are stored outdoors. The facility may consider an 
inventory control plan to prevent excessive purchasing, storage, and 
handling of potentially hazardous substances. The facility may consider 
indoor storage of the materials and/or 

[[Page 51235]]
installation of berming and diking of the area.
    (ii) Material Handling Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff from 
materials handling operations and areas (i.e., blanket wash, mixing 
solvents, loading/unloading materials). The facility may consider the 
use of spill and overflow protection; covering fuel areas; covering and 
enclosing areas where the transfer of materials may occur. Where 
applicable, the plan must address the replacement or repair of leaking 
connections, valves, transfer lines and pipes that may carry chemicals, 
or wastewater.
    (iii) Fueling Areas--The plan must describe measures that prevent 
or minimize contamination of the storm water runoff from fueling areas. 
The facility may consider covering the fueling area, using spill and 
overflow protection, minimizing runon of storm water to the fueling 
area, using dry cleanup methods, and/or collecting the storm water 
runoff and providing treatment or recycling.
    (iv) Above Ground Storage Tank Areas--The plan must describe 
measures that prevent or minimize contamination of the storm water 
runoff from above ground storage tanks and their associated piping and 
valves. The facility may consider regular cleanup of these areas, 
preparation of a spill prevention control and countermeasure program, 
provide spill and overflow protection, minimizing runon of storm water 
from adjacent facilities and properties, restrict access to the area, 
insertion of filters in adjacent catch basins, provide absorbent booms 
in unbermed fueling areas, use of dry cleanup methods, and permanently 
sealing drains within critical areas that may discharge to a storm 
drain.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, vegetative swales, 
secondary containment, catch basins) as well as inspecting and testing 
facility equipment and systems to uncover conditions that could cause 
breakdowns or failures resulting in discharges of pollutants to surface 
waters, and ensuring appropriate maintenance of such equipment and 
systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility on an annual 
basis. The following areas shall be included in, but not limited to, 
all inspections: all containment and material storage areas, fueling 
areas, loading and unloading areas, equipment cleaning areas. A set of 
tracking or follow-up procedures shall be used to ensure that 
appropriate actions are taken in response to the inspections. Records 
of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. The 
pollution prevention plan shall identify how often training will take 
place, but training should be provided annually. Employee training 
must, at a minimum, address the following areas when applicable to a 
facility: spent solvent management; spill prevention and control; used 
oil management; fueling procedures; and general good housekeeping 
practices. The pollution prevention plan shall identify periodic dates 
for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.X.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Non-storm Water Discharges) of 
this permit that are combined with storm water discharges associated 
with industrial activity must be identified in the plan. The plan shall 
identify and ensure the implementation of appropriate pollution 
prevention measures for the non-storm water component(s) of the 
discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional 

[[Page 51236]]
storm water management practices (practices other than those which 
control the generation or source(s) of pollutants) used to divert, 
infiltrate, reuse, or otherwise manage storm water runoff in a manner 
that reduces pollutants in storm water discharges from the site. The 
plan shall provide that measures that the permittee determines to be 
reasonable and appropriate shall be implemented and maintained. The 
potential of various sources at the facility to contribute pollutants 
to storm water discharges associated with industrial activity [see 
paragraph XI.X.3.a.(2) of this section (Description of Potential 
Pollutant Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or other equivalent measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity (including, but not limited to, material handling 
areas, material storage areas, waste disposal and storage areas, 
loading/unloading areas) shall be visually inspected for evidence of, 
or the potential for, pollutants entering the drainage system. Measures 
to reduce pollutant loadings shall be evaluated to determine whether 
they are adequate and properly implemented in accordance with the terms 
of the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.X.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.X.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.X.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B. of this permit.
5. Monitoring and Reporting Requirements
    a. Monitoring Requirements.
    (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity for each outfall except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (a), below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of a grab sample collected within 
the first 30 minutes (or as soon thereafter as practical, but not to 
exceed one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Whenever 
practicable the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    When a discharger is unable to collect samples over the course of 
the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (c) Visual examination reports must be maintained in the pollution 
prevention plan. The report shall include the examination date and 
time, examination personnel, the nature of the discharge (i.e., runoff 
or snow melt), visual quality of the storm water discharge (including 
observations of color, odor, clarity, floating solids, settled solids, 
suspended solids, foam, oil sheen, and other obvious indicators of 
storm water pollution), and probable sources of any observed storm 
water contamination.
    (d) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the 

[[Page 51237]]
drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
or high (above 65 percent)] shall be provided in the plan.
    (e) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

Y. Storm Water Discharges Associated With Industrial Activity From 
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 
Industries

1. Discharges Covered Under This Section
    The requirements listed under this section shall apply to all storm 
water discharges associated with industrial activity from rubber and 
miscellaneous plastic products manufacturing facilities (SIC major 
group 30) and miscellaneous manufacturing industries, except jewelry, 
silverware, and plated ware (SIC major group 39, except 391).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
2. Special Conditions
    Prohibition of Non-storm Water Discharges. Other than as provided 
in Part III.A. of this permit, non-storm water discharges are not 
authorized by this section.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. All rubber manufacturers 
shall in particular review the use of zinc at their facilities and the 
possible pathways through which zinc may be discharged in storm water 
runoff. Each plan shall include, at a minimum:
    Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.Y.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred, and the locations of the following 
activities where such activities are exposed to precipitation: fueling 
stations, vehicle and equipment maintenance and/or cleaning areas, 
loading/unloading areas, locations used for the treatment, storage or 
disposal of wastes, liquid storage tanks, processing areas and storage 
areas. The map must indicate the outfall locations and the types of 
discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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 description shall specifically 
list any significant potential source of pollutants at the site and for 
each potential source, any pollutant or pollutant parameter (e.g., 
biochemical oxygen demand, etc.) of concern shall be identified.
    Measures and Controls. Each facility covered by this permit shall 
develop a description of storm water management controls appropriate 
for the facility, and implement such controls. The appropriateness and 
priorities of 

[[Page 51238]]
controls in a plan shall reflect identified potential sources of 
pollutants at the facility. Facilities subject to EPCRA Section 313 
should note that the special requirements of Part IV.E. of this permit 
also apply to their facilities. The description of storm water 
management controls shall address the following minimum components, 
including a schedule for implementing such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a cleanup should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.Y.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility at appropriate intervals specified 
in the plan. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.Y.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.Y.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or other equivalent measures 
may include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (j) Special Requirements for All Rubber Products Manufacturers--All 
rubber products manufacturing facilities shall include specific 
measures and controls to minimize the discharge of zinc in their storm 
water discharges. The following possible sources of zinc shall be 
reviewed and the accompanying BMPs shall be included as appropriate in 
the storm water pollution prevention plan:
    (i) Inadequate Housekeeping--All permittees shall review the 
handling 

[[Page 51239]]
and storage of zinc bags at their facilities and consider the following 
BMPs for the pollution prevention plan: employee training regarding the 
handling and storage of zinc bags, indoor storage of zinc bags, 
thorough cleanup of zinc spills without washing the zinc into the storm 
drain, and the use of 2,500-pound sacks of zinc rather than 50- to 100-
pound sacks.
    (ii) Zinc in Dumpsters--The following BMPs or equivalent measures 
shall be considered to reduce discharges of zinc from dumpsters: 
providing a cover for the dumpster; move the dumpster to an indoors 
location; or provide a lining for the dumpster.
    (iii) Malfunctioning Dust Collectors or Baghouses--Permittees shall 
review dust collectors and baghouses as possible sources in zinc in 
storm water runoff. Improperly operating dust collectors or baghouses 
shall be replaced or repaired as appropriate. The pollution prevention 
plan shall also provide for regular maintenance of these facilities.
    (iv) Grinding Operations--Permittees shall review dust generation 
from rubber grinding operations at their facility and, as appropriate, 
install a dust collection system.
    (v) Zinc Stearate Coating Operations--Permittees shall include in 
the pollution prevention plan appropriate measures to prevent and/or 
clean up drips or spills of zinc stearate slurry which may be released 
to the storm drain. Alternate compounds to zinc stearate shall also be 
considered.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations once a year. Such evaluations 
shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.Y.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.Y.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.Y.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
4. Numeric Effluent Limitations
    There are no additional numeric effluent limitations beyond those 
described in Part V.B of this permit.
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements.
    During the period beginning [insert date 1 year after permit 
issuance] lasting through [insert date 2 years after permit issuance] 
and the period beginning [insert date 3 years after permit issuance] 
lasting through [insert date 4 years after permit issuance], permittees 
with rubber product manufacturing facilities must monitor their storm 
water discharges associated with industrial activity at least quarterly 
(4 times per year) during years 2 and 4 except as provided in 
paragraphs 6.a.(3) (Sampling Waiver), 6.a.(4) (Representative 
Discharge), and 6.a.(5) (Alternative Certification). Rubber product 
manufacturing facilities are required to monitor their storm water 
discharges for the pollutants of concern listed in Table Y-1 below. 
Facilities must report in accordance with 6.b. (Reporting). In addition 
to the parameters listed in Table Y-1 below, the permittee shall 
provide the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.

                   Table Y-1--Monitoring Requirements                   
------------------------------------------------------------------------
              Pollutants of concern                Cut-off concentration
------------------------------------------------------------------------
Total Recoverable Zinc...........................  0.065 mg/L           
------------------------------------------------------------------------

    (1) Monitoring Periods. Rubber product manufacturing facilities 
shall monitor samples collected during the sampling periods of: January 
through March, April through June, July through September, and October 
through December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event may also be waived where the permittee documents that 
less than a 72-hour interval is representative for local storm events 
during the season when sampling is being conducted. The grab sample 
shall be taken during the first 30 minutes of the discharge. If the 
collection of a grab sample during the first 30 minutes is 
impracticable, a grab sample can be taken during the first hour of the 
discharge, and the discharger shall submit with the monitoring report a 
description of why a grab sample during the first 30 minutes was 
impracticable. If storm water discharges associated with industrial 
activity commingle with process or nonprocess water, then where 
practicable permittees must attempt to sample the storm water discharge 
before it mixes with the non-storm water discharge.
    (3) Sampling Water.

[[Page 51240]]

    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricanes, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutant listed in Table Y-1 
under the column Monitoring Cut-Off Concentration, a facility may waive 
monitoring and reporting requirements in the monitoring period 
beginning [insert date 3 years after permit issuance] lasting through 
[insert date 4 years after permit issuance]. The facility must submit 
to the Director, in lieu of the monitoring data, a certification that 
there has not been a significant change in industrial activity or the 
pollution prevention measures in area of the facility that drains to 
the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent, or high (above 
65 percent)] shall be provided in the plan. The permittee shall include 
the description of the location of the outfalls, explanation of why 
outfalls are expected to discharge substantially identical effluents, 
and estimate of the size of the drainage area and runoff coefficient 
with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis, 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials, 
by-products, industrial machinery or operations, or significant 
materials from past industrial activity that are located in areas of 
the facility within the drainage area of the outfall are not presently 
exposed to storm water and are not expected to be exposed to storm 
water for the certification period. Such certification must be retained 
in the storm water pollution prevention plan, and submitted to EPA in 
accordance with Part VI.C. of this permit. In the case of certifying 
that a pollutant is not present, the permittee must submit the 
certification along with the monitoring reports required under 
paragraph b below. If the permittee cannot certify for an entire 
period, they must submit the date exposure was eliminated and any 
monitoring required up until that date. This certification option is 
not applicable to compliance monitoring requirements associated with 
effluent limitations.
    (b) Reporting. Permittees with rubber product manufacturing 
facilities shall submit monitoring results for each outfall associated 
with industrial activity [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the reporting period 
beginning [insert date 1 year after permit issuance] lasting through 
[insert date 2 years after permit issuance] on Discharge Monitoring 
Report Form(s) postmarked no later than the 31st day of the following 
March [insert the date 2 years after permit issuance]. Monitoring 
results [or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the period beginning [insert date 3 years 
after permit issuance] lasting through [insert date 4 years after 
permit issuance] shall be submitted on Discharge Monitoring Form(s) 
postmarked no later than the 31st day of the following March. For each 
outfall, one signed Discharge Monitoring Report form must be submitted 
to the Director per storm event sampled. Signed copies of Discharge 
Monitoring Reports, or said certifications,shall be submitted to the 
Director of the NPDES program at the address of the appropriate 
Regional Office listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (b) (above), 
rubber product manufacturing facilities with at least one storm water 
discharge associated with industrial activity through a large or medium 
municipal separate storm sewer system (systems serving a population of 
100,000 or more) must submit signed copies of discharge monitoring 
reports to the operator of the municipal separate storm sewer system in 
accordance with the dates provided in paragraph (b) (above).
    (c) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a representative 
storm water discharge associated with industrial from each outfall, 
except discharges exempted below. The examination must be made at least 
once in each designated period [described in (1), below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No 

[[Page 51241]]
analytical tests are required to be performed on the samples. All such 
samples shall be collected from the discharge resulting from a storm 
event that is greater than 0.1 inches in magnitude and that occurs at 
least 72 hours from the previously measurable (greater than 0.1 inch 
rainfall) storm event. Whenever practicable the same individual will 
carry out the collection and examination of discharges for the life of 
the permit.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

Z. Storm Water Discharges Associated With Industrial Activity From 
Leather Tanning and Finishing Facilities

1. Discharges Covered Under This Section.
    The requirements listed under this section shall apply to storm 
water discharges from the following activities: leather tanning, 
currying and finishing (commonly identified by Standard Industrial 
Classification (SIC) code 3111). Discharges from facilities that make 
fertilizer solely from leather scraps and leather dust are also covered 
under this section. When an industrial facility, described by the above 
coverage provisions of this section, has industrial activities being 
conducted onsite that meet the description(s) of industrial activities 
in another section(s), that industrial facility shall comply with any 
and all applicable monitoring and pollution prevention plan 
requirements of the other section(s) in addition to all applicable 
requirements in this section. The monitoring and pollution prevention 
plan terms and conditions of this multi-sector permit are additive for 
industrial activities being conducted at the same industrial facility 
(co-located industrial activities). The operator of the facility shall 
determine which other monitoring and pollution prevention plan 
section(s) of this permit (if any) are applicable to the facility.
2. Special Conditions
    There are no special conditions for this section beyond those in 
Part III. of this permit.
3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources or, during periods of dry 
weather, result in dry weather flows. Each plan shall include, at a 
minimum:
    (a) Drainage.
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies (including 
wetlands), locations where significant materials are exposed to 
precipitation, locations where major spills or leaks identified under 
Part XI.Z.3.a.(2)(c) (Spills and Leaks) of this permit have occurred, 
and the locations of the following activities where such activities are 
exposed to precipitation: fueling stations, vehicle and equipment 
maintenance and/or cleaning areas, loading/unloading areas, locations 
used for the treatment, storage or disposal of wastes, material storage 
(including tanks or other vessels used for liquid or waste storage), 
processing and storage areas for activities associated with beamhouse, 
tanyard, retan-wet finishing and dry finishing operations, and haul 
roads, access roads and rail spurs. The site map must also identify the 
location of all outfalls covered by this permit and include an 
inventory of the types of discharges contained in each outfall.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of a chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history 

[[Page 51242]]
of significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff;
and a description of any treatment the storm water receives. 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) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 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 the Clean Water Act (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. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of potential pollutant sources 
including but not limited to the following activities: loading and 
unloading operations; outdoor storage activities, including but not 
limited to: temporary or permanent storage of fresh and brine cured 
hides, chemical drums, bags, containers and above ground tanks, leather 
dust, scraps, trimmings and shavings, spent solvents, extraneous hide 
substances and hair, and empty chemical containers and bags; floor 
sweepings and washings; refuse and waste piles and sludge; outdoor 
manufacturing or processing activities; significant dust or particulate 
generating processes including buffing; vehicle maintenance, washing 
and fueling and onsite waste disposal practices. The description shall 
specifically list any significant potential source of pollutants at the 
site and for each potential source, any pollutant or pollutant 
parameter (e.g., biochemical oxygen demand, total suspended solids, 
chromium, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. The following areas must be specifically 
addressed:
    (i) Storage Areas for Raw, Semiprocessed, or Finished Tannery By-
products--Pallets and/or bales of raw, semiprocessed or finished 
tannery by-products (e.g., splits, trimmings, shavings, etc.) should be 
stored indoors or protected by polyethylene wrapping, tarpaulins, 
roofed storage area or other suitable means. Materials should be placed 
on an impermeable surface, the area should be enclosed or bermed or 
other equivalent measures should be employed to prevent runon and 
runoff of storm water.
    (ii) Material Storage Areas--Label storage units of all materials 
(e.g., specific chemicals, hazardous materials, spent solvents, waste 
materials). Maintain such containers and units in good condition. 
Describe measures that prevent or minimize contact with storm water. 
The facility must consider indoor storage, installation of berming and 
diking around the area, and/or other equivalent measures to prevent 
runon and runoff of storm water.
    (iii) Buffing/Shaving Areas--The plan must describe measures that 
prevent or minimize contamination of the storm water runoff with 
leather dust from buffing/shaving areas. The facility may consider dust 
collection enclosures, preventive inspection/maintenance programs or 
other appropriate preventive measures.
    (iv) Receiving, Unloading, and Storage Areas--The plan must 
describe measures that prevent or minimize contamination of the storm 
water runoff from receiving, unloading, and storage areas. Exposed 
receiving, unloading and storage areas for hides and chemical supplies 
should be protected by a suitable cover, diversion of drainage to the 
process sewer, grade berming or curbing area to prevent runon of storm 
water or other appropriate preventive measures. Materials must be 
plainly labelled and maintained in good condition.
    (v) Outdoor Storage of Contaminated Equipment--The plan must 
describe measures that minimize contact of storm water with 
contaminated equipment. Equipment should be protected by suitable 
cover, diversion of drainage to the process sewer, thorough cleaning 
prior to storage or other appropriate preventive measures.
    (vi) Waste Management--The plan must describe measures that prevent 
contamination of the storm water runoff from waste storage areas. The 
facility may consider inspection/maintenance programs or other 
equivalent measures for leaking containers or spills, covering 
dumpsters, moving waste management activities indoors, covering waste 
piles with temporary covering material such as tarpaulins or 
polyethylene, and minimizing storm water runon by enclosing the area or 
building berms around the area.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points 

[[Page 51243]]
shall be identified clearly in the storm water pollution prevention 
plan. Where appropriate, specifying material handling procedures, 
storage requirements, and use of equipment such as diversion valves in 
the plan should be considered. Procedures for cleaning up spills shall 
be identified in the plan and made available to the appropriate 
personnel. The necessary equipment to implement a clean up should be 
available to personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at least on a 
quarterly basis. The following areas shall be included in all 
inspections: leather processing areas, storage areas for chemicals, 
including but not limited to above ground tanks, fueling areas, vehicle 
and equipment maintenance areas, material storage areas, loading and 
unloading areas, waste management areas and other potential sources of 
pollution for evidence of actual or potential discharges of 
contaminated storm water. A set of tracking or follow-up procedures 
shall be used to ensure that appropriate actions are taken in response 
to the inspections and that the pollution prevention plan is 
appropriately modified. Records of inspections shall be maintained as 
part of the pollution prevention plan.
    Qualified personnel are required to conduct quarterly inspections 
of all Best Management Practices (BMPs). The inspections shall include 
an assessment of the effectiveness and need for maintenance of storm 
water roofing and covers, dikes and curbs, discharge diversions, 
sediment control and collection systems and all other BMPs.
    Quarterly inspections must be made at least once in each of the 
following designated periods during daylight hours: January through 
March (storm water runoff or snow melt), April through June (storm 
water runoff), July through September (storm water runoff), and October 
through December (snow melt runoff). Records shall be maintained as 
part of the pollution prevention plan.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. The 
pollution prevention plan shall identify how often training will take 
place, but in all cases, training must be held at least annually. 
Employee training must, at a minimum, address the following areas when 
applicable to a facility: general good housekeeping practices, spill 
prevention and control, waste management, inspections, preventive 
maintenance, detection of non-storm water discharges and other areas.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as leaks, spills, or other discharges), along with 
other information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan. The plan must 
address spills, monitoring, and BMP inspection and maintenance 
activities. BMPs which were ineffective must be reported and the date 
of their corrective action recorded. Employees must report incidents of 
leaking fluids to facility management and these reports must be 
incorporated into the plan.
    (g) Non-storm Water Discharges.
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.Z.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.Z.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or equivalent measures may 
include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices. In addition, 
the permittee must describe the storm water pollutant source area or 
activity (e.g., storage areas, loading and unloading areas, 

[[Page 51244]]
above ground storage of chemicals) to be controlled by each storm water 
management practice.
    The plan must consider management practices, such as berms for 
uncovered storage areas, uncovered loading and unloading areas, above 
ground liquid storage and waste management areas. The installation of 
detention ponds must also be considered.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.Z.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.Z.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.Z.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) The storm water pollution prevention plan must describe the 
scope and content of comprehensive site inspections 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. Comprehensive site compliance evaluations 
must be conducted at least once a year. The individual or individuals 
who will conduct the inspections must be identified in the plan and 
should be members of the pollution prevention team. Evaluation reports 
must be retained for at least 3 years from the date of the evaluation.
    (e) Where compliance evaluation schedules overlap with inspections 
required under XI.Z.3.a.(3)(d), the compliance evaluation may be 
conducted in place of one such inspection.
    4. Numeric Effluent Limitations. There are no additional numeric 
effluent limitations beyond those described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements.
    (a) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (1) below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
make the collection of a sample impracticable (drought, extended frozen 
conditions, etc.). 

[[Page 51245]]

    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

AA. Storm Water Discharges Associated With Industrial Activity From 
Fabricated Metal Products Industry

    1. Discharges Covered Under This Section. The requirements listed 
under this section shall apply to storm water discharges associated 
with industrial activity from the fabricated metals industry listed 
below, except for electrical related industries: fabricated metal 
products, except machinery & transportation equipment, SIC 34 (3429, 
3441, 3442, 3443, 3444, 3451, 3452, 3462, 3471, 3479, 3494, 3496, 
3499); and jewelry, silverware, and plated ware (SIC Code 391).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    2. Special Conditions.
    a. Prohibition of Non-storm Water Discharges.
    (1) This permit does not authorize the discharge of process 
wastewater. Certain non-storm discharges identified in Part III.A.2. 
are authorized under this permit.
    3. Storm Water Pollution Prevention Plan Requirements.
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all industrial activities and significant materials 
which may potentially be significant pollutant sources. Each plan shall 
specifically identify the physical features of the facility that may 
contribute to storm water runoff. Each plan shall include, at a 
minimum:
    (a) Drainage
    (i) A site map indicating the outfall locations and types of 
discharges contained in the drainage areas of the outfalls, an outline 
of the portions of the drainage area of each storm water outfall that 
are within the facility boundaries, each existing structural control 
measure to reduce pollutants in storm water runoff, surface water 
bodies, locations where significant materials are exposed to 
precipitation, locations where major spills or leaks identified under 
Part IX.AA.3.a.(2)(c) (Spills and Leaks) of this permit have occurred, 
and the locations of the following activities where such activities are 
exposed to precipitation: raw metal storage areas, finished metal 
storage areas, scrap disposal collection sites, equipment storage 
areas, retention and detention basins, temporary diversion dikes or 
berms, permanent diversion dikes or berms, right-of-way or perimeter 
diversion devices, any sediment traps or barriers, vehicle and 
equipment maintenance and/or cleaning areas,loading/unloading areas, 
locations used for the treatment, storage or disposal of wastes, liquid 
storage tanks, processing areas including outside painting areas, wood 
preparation, recycling and raw material storage.
    (ii) For each area of the facilities that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. In 
addition, flows with a significant potential for causing erosion shall 
be identified such as heavy equipment use areas, drainage from roofs, 
parking lots, etc.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Significant spills that should be considered for the fabricated 
metals industry include, but are not limited to, chromium, toluene, 
pickle liquor, sulfuric acid, zinc and other water priority chemicals 
and hazardous chemicals and wastes. Such list shall be updated as 
appropriate during the term of the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations for 
paints, chemicals and raw materials; outdoor storage activities for raw 
materials, paints, empty containers, corn cob, chemicals, scrap metals; 
outdoor manufacturing or processing 

[[Page 51246]]
activities such as grinding, cutting, degreasing, buffing, brazing, 
etc; significant dust or particulate generating processes; and onsite 
waste disposal practices for spent solvents, sludge, pickling baths, 
shavings, ingots pieces, refuse and waste piles. The description shall 
specifically list any significant potential source of pollutants at the 
site and for each potential source, any pollutant or pollutant 
parameter (e.g., biochemical or chemical oxygen demand, chromium, total 
suspended solids, oil and grease, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner. Permittees should address the following areas in 
the manner described.
    (i) Raw Steel Handling Storage-Include measures controlling or 
recovering scrap metals, fines, and iron dust, including measures for 
containing materials within storage handling areas.
    (ii) Paints and Painting Equipment-Consider control measures to 
prevent or minimize exposure of paint and painting equipment from 
exposure to storm water.
    (b) Preventive Maintenance--Preventive maintenance measures shall 
include timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and ensuring appropriate 
maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which could contribute pollutants to storm water discharges may 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel. The following areas should be addressed:
    (i) Metal Fabricating Areas-Include measures for maintaining clean, 
dry, orderly conditions in these areas. Use of dry clean-up techniques 
should be considered in the plan.
    (ii) Storage Areas for Raw Metal-Include measures to keep these 
areas free of conditions that could cause spills or leakage of 
materials. Storage areas should be maintained for easy access in case 
spill clean up is necessary. Stored materials should be able to be 
identified correctly and quickly.
    (iii) Receiving, Unloading, and Storage Areas-Include measures to 
prevent spills and leaks; plan for quick remedial clean up and instruct 
employees on clean-up techniques and procedures.
    (iv) Storage of Equipment-Include measures for preparing equipment 
for storage and the proper method to store equipment including 
protecting with covers, storing indoors. The plan should include clean-
up measures for equipment that will be stored outdoors to remove 
potential pollutants.
    (v) Metal Working Fluid Storage Areas-The plan should include 
measures that identify controls particularly for storage of metal 
working fluids.
    (vi) Cleaners and Rinse Water-The plan should include measures to 
control and cleanup spills of solvents and other liquid cleaners; 
control sand buildup and disbursement from sand-blasting operations, 
prevent exposure of recyclable wastes; and employ substitute cleaners 
when possible.
    (vii) Lubricating Oil and Hydraulic Fluid Operations-Consider using 
devices or monitoring equipment to detect and control leaks and 
overflows, including the installation of perimeter controls such as 
dikes, curbs, grass filter strips, or other equivalent measures.
    (viii) Chemical Storage Areas-Identify proper storage that prevents 
storm water contamination and prevents accidental spillage. The plan 
should include a program to inspect containers, and identify proper 
disposal and spill controls.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility at 
appropriate intervals specified in the plan. Metal fabricators shall at 
a minimum include the following areas for inspection: raw metal storage 
areas, finished product storage areas, material and chemical storage 
areas, recycling areas, loading and unloading areas, equipment storage 
areas, paint areas, fueling and maintenance areas, and waste management 
areas. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in 

[[Page 51247]]
accordance with paragraph XI.AA.3.a.(3)(g)(iii) (below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting a notice of intent to be 
covered by this permit. If the failure to certify is caused by the 
inability to perform adequate tests or evaluations, such notification 
shall describe: the procedure of any test conducted for the presence of 
non-storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion. The plan shall identify 
structural, vegetative, and/or stabilization measures to be used to 
limit erosion. These shall include but not be limited to grass swales, 
filter strips, treatment works, or other equivalent measures. Metal 
fabricators must include in their plan measures to minimize erosion 
related to the high volume of traffic from heavy equipment for delivery 
to and from the facility and for equipment operating at the facility on 
a daily basis such as forklifts, cranes, etc.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutant(s) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activities under the SIC codes 
identified under paragraph XI.AA.1. of this section shall be considered 
when determining reasonable and appropriate measures. Appropriate 
measures may include: vegetative swales and practices, reuse of 
collected storm water (such as for a process or as an irrigation 
source), inlet controls (such as oil/water separators), snow management 
activities, infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations at least once a year. Such 
evaluations shall include:
    (a) Visual inspection of areas contributing to a storm water 
discharge for evidence of, or the potential for, pollutants entering 
the drainage system. Inspection shall address areas associated with the 
storage of raw metals, storage of spent solvents and chemicals, outdoor 
paint areas, drainage from roof, unloading and loading areas, equipment 
storage areas, recycling areas, and retention ponds (sludge). Potential 
pollutants include chromium, zinc, lubricating oil, solvents, aluminum, 
oil and grease, methyl ethyl ketone, steel, and other related 
materials. Measures to reduce pollutant loadings shall be evaluated to 
determine whether they are adequate and properly implemented in 
accordance with the terms of the permit or whether additional control 
measures are needed. Structural storm water management measures, such 
as detention basins and channels, gutters or drains to direct discharge 
flow, oil/water separators in storm drains, containment structures, 
concrete pads, sediment and erosion control measures, and other 
structural pollution prevention measures identified in the plan shall 
be observed to ensure that they are operating correctly. A visual 
inspection of equipment needed to implement the plan, such as spill 
response equipment and containment drums, shall be made to determine if 
the equipment is functioning properly and that drums are not in a 
corrosive or deteriorating state.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.AA.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in accordance with paragraph XI.AA.3.a.(3) of 
this section (Measures and Controls) shall be revised as appropriate 
within 2 weeks of such evaluation and shall provide for implementation 
of any changes to the plan in a timely manner, but in no case more than 
12 weeks after the evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.AA.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the inspection. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
    4. Numeric Effluent Limitations. There are no additional numeric 
effluent limitations beyond those described in Part V.B. of this 
permit.
    5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period beginning 
[insert date 1 year after permit issuance] lasting through [insert date 
2 years after permit issuance] and the period beginning [insert date 3 
years after permit issuance] lasting through [insert date 4 years after 
permit issuance], permittees with metal fabricating facilities must 
monitor their storm water discharges associated with industrial 
activity at least quarterly (4 times per year) during years 2 and 4 
except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Metal fabricating facilities are required to monitor their storm water 
discharges for the pollutants of concern listed in Tables AA-1 and AA-2 
below. The monitoring requirements are subdivided into two 
classifications to determine pollutants of concern: (1) fabricated 
metal products except coating and (2) fabricated metal coating and 
engraving. Facilities must report in accordance with 5.b. (Reporting). 
In addition to the 

[[Page 51248]]
parameters listed in Tables AA-1 and AA-2 below, the permittee shall 
provide the date and duration (in hours) of the storm event(s) sampled; 
rainfall measurements or estimates (in inches) of the storm event that 
generated the sampled runoff; the duration between the storm event 
sampled and the end of the previous measurable (greater than 0.1 inch 
rainfall) storm event; and an estimate of the total volume (in gallons) 
of the discharge sampled.

   Table AA-1.--Monitoring Requirements for Fabricated Metal Products   
                             Except Coating                             
------------------------------------------------------------------------
                                                      Monitoring cut-off
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Aluminum.........................  0.75 mg/L          
Total Recoverable Iron.............................  1.0 mg/L           
Total Recoverable Zinc.............................  0.065 mg/L         
Nitrate plus Nitrite Nitrogen......................  0.68 mg/L          
------------------------------------------------------------------------


  Table AA-2.--Monitoring Requirements for Fabricated Metal Coating and 
                                Engraving                               
------------------------------------------------------------------------
                                                      Monitoring cut-off
               Pollutants of concern                    concentration   
------------------------------------------------------------------------
Total Recoverable Zinc.............................  0.065 mg/L         
Nitrate plus Nitrite Nitrogen......................  0.068 mg/L         
------------------------------------------------------------------------

    (1) Monitoring Periods. Metal fabricating facilities shall monitor 
samples collected during the sampling periods of: January through 
March, April through June, July through September, and October through 
December for the years specified in paragraph a. (above).
    (2) Sample Type. A minimum of one grab sample shall be taken. All 
such samples shall be collected from the discharge resulting from a 
storm event that is greater than 0.1 inches in magnitude and that 
occurs at least 72 hours from the previously measurable (greater than 
0.1 inch rainfall) storm event. The required 72-hour storm event 
interval is waived where the preceding measurable storm event did not 
result in a measurable discharge from the facility. The required 72-
hour storm event interval may also be waived where the permittee 
documents that less than a 72-hour interval is representative for local 
storm events during the season when sampling is being conducted. The 
grab sample shall be taken during the first 30 minutes of the 
discharge. If the collection of a grab sample during the first 30 
minutes is impracticable, a grab sample can be taken during the first 
hour of the discharge, and the discharger shall submit with the 
monitoring report a description of why a grab sample during the first 
30 minutes was impracticable. If storm water discharges associated with 
industrial activity commingle with process or nonprocess water, then 
where practicable permittees must attempt to sample the storm water 
discharge before it mixes with the non-storm water discharge.
    (3) Sampling Waiver
    (a) Adverse Conditions--When a discharger is unable to collect 
samples within a specified sampling period due to adverse climatic 
conditions, the discharger shall collect a substitute sample from a 
separate qualifying event in the next period and submit the data along 
with data for the routine sample in that period. Adverse weather 
conditions that may prohibit the collection of samples include weather 
conditions that create dangerous conditions for personnel (such as 
local flooding, high winds, hurricane, tornadoes, electrical storms, 
etc.) or otherwise make the collection of a sample impracticable 
(drought, extended frozen conditions, etc.).
    (b) Low Concentration Waiver--When the average concentration for a 
pollutant calculated from all monitoring data collected from an outfall 
during the monitoring period [insert date 1 year after permit issuance] 
lasting through [insert date 2 years after permit issuance] is less 
than the corresponding value for that pollutants listed in Tables AA-1 
and AA-2 under the column Monitoring Cut-off Concentration, a facility 
may waive monitoring and reporting requirements in the monitoring 
period beginning [insert date 3 years after permit issuance] lasting 
through [insert date 4 years after permit issuance]. The facility must 
submit to the Director, in lieu of the monitoring data, a certification 
that there has not been a significant change in industrial activity or 
the pollution prevention measures in areas of the facility which drain 
to the outfall for which sampling was waived.
    (c) When a discharger is unable to conduct quarterly chemical storm 
water sampling at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirements as long 
as the facility remains inactive and unstaffed. The facility must 
submit to the Director, in lieu of monitoring data, a certification 
statement on the DMR stating that the site is inactive and unstaffed so 
that collecting a sample during a qualifying event is not possible.
    (4) Representative Discharge. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfall(s) provided that 
the permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail why 
the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan. The permittee shall 
include the description of the location of the outfalls, explanation of 
why outfalls are expected to discharge substantially identical 
effluents, and estimate of the size of the drainage area and runoff 
coefficient with the Discharge Monitoring Report.
    (5) Alternative Certification. A discharger is not subject to the 
monitoring requirements of this section provided the discharger makes a 
certification for a given outfall or on a pollutant-by-pollutant basis 
in lieu of monitoring reports required under paragraph b below, under 
penalty of law, signed in accordance with Part VII.G. (Signatory 
Requirements), that material handling equipment or activities, raw 
materials, intermediate products, final products, waste materials, by-
products, industrial machinery or operations, or significant materials 
from past industrial activity that are located in areas of the facility 
within the drainage area of the outfall are not presently exposed to 
storm water and are not expected to be exposed to storm water for the 
certification period. Such certification must be retained in the storm 
water pollution prevention plan, and submitted to EPA in accordance 
with Part VI.C. of this permit. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required under paragraph (b) below. 
If the permittee cannot certify for an entire period, they must submit 
the date exposure was eliminated and any monitoring required up until 
that date. This certification option is not applicable to compliance 

[[Page 51249]]
monitoring requirements associated with effluent limitations.
    b. Reporting. Permittees with metal fabricating and engraving 
facilities shall submit monitoring results for each outfall associated 
with industrial activity [or a certification in accordance with 
Sections (3), (4), or (5) above] obtained during the reporting period 
beginning [insert date 1 year after permit issuance] lasting through 
[insert date 2 years after permit issuance] on Discharge Monitoring 
Report Form(s) postmarked no later than the 31st day of the following 
March [insert the date 2 years after permit issuance]. Monitoring 
results (or a certification in accordance with Sections (3), (4), or 
(5) above] obtained during the period beginning [insert date 3 years 
after permit issuance] lasting through [insert date 4 years after 
permit issuance] shall be submitted on Discharge Monitoring Report 
Form(s) postmarked no later than the 31st day of the following March. 
For each outfall, one signed Discharge Monitoring Report form must be 
submitted to the Director per storm event sampled. Signed copies of 
Discharge Monitoring Reports, or said certifications, shall be 
submitted to the Director of the NPDES program at the address of the 
appropriate Regional Office listed in Part VI.G. of the fact sheet.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph b (above), 
metal fabricating facilities with at least one storm water discharge 
associated with industrial activity through a large or medium municipal 
separate storm sewer system (systems serving a population of 100,000 or 
more) must submit signed copies of discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in paragraph b (above).
    c. Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in paragraph (1) below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snowmelt: January through March; 
April through June; July through September; and October through 
December.
    (2) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
1 hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable, the same individual should carry out the collection and 
examination of discharges for the entire permit term.
    (3) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (4) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfall(s) provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explains in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (5) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examinations. Adverse weather conditions which 
may prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (6) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

AB. Storm Water Discharges Associated With Industrial Activity From 
Facilities That Manufacture Transportation Equipment, Industrial, or 
Commercial Machinery

1. Discharges Covered Under This Section
    a. The requirements listed under this section shall apply to storm 
water discharges associated with transportation equipment, industrial 
or commercial machinery manufacturing facilities (commonly described by 
SIC Major Group 35 except SIC 357, and SIC Major Group 37, except SIC 
373). Common activities include: industrial plant yards; material 
handling sites; refuse sites; sites used for application or disposal of 
process wastewaters; sites used for storage and maintenance of material 
handling equipment; sites used for residual treatment, storage, or 
disposal; shipping and receiving areas; manufacturing buildings; 
storage areas for raw material and intermediate and finished products; 
and areas where industrial activity has taken place in the past and 
significant materials remain and are exposed to storm water.
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all 

[[Page 51250]]
applicable requirements in this section. The monitoring and pollution 
prevention plan terms and conditions of this multi-sector permit are 
additive for industrial activities being conducted at the same 
industrial facility (co-located industrial activities). The operator of 
the facility shall determine which other monitoring and pollution 
prevention plan section(s) of this permit (if any) are applicable to 
the facility.
    2. Prohibition of Non-storm Water Discharges. There are no 
additional requirements other than those in Part III. of the permit.
    3. Storm Water Pollution Prevention Plan Requirements
    a. Contents of Plan. The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team. Each plan shall identify the 
specific individual or individuals within the facility organization as 
members of a storm water Pollution Prevention Team that are responsible 
for developing the storm water pollution prevention plan and assisting 
the facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources.  Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage
    (i) A site map indicating the pattern of storm water drainage, 
existing structural control measures to reduce pollutants in storm 
water runoff, surface water bodies, locations where significant 
materials are exposed to precipitation, and locations where major 
spills or leaks identified under Part XI.AB.3.a.(2)(c) (Spills and 
Leaks) of this permit have occurred since 3 years prior to the date of 
the submission of a Notice of Intent (NOI) to be covered under this 
permit. The map must also indicate the locations of all industrial 
activities that are exposed to precipitation, including, but not 
limited to: loading/unloading areas; waste treatment; storage and 
disposal locations; liquid storage tanks; vents and stacks from metal 
processing and similar operations; significant dust or particulate 
generating areas; and any other processing and storage areas exposed to 
storm water. The map must indicate the outfall locations and the types 
of discharges contained in the drainage areas of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for contacting significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants that are likely to present in storm water discharges 
associated with industrial activity must be identified. Factors to 
consider include the toxicity of a chemical; quantity of chemicals 
used, produced, or discharged; the likelihood of contract with storm 
water; and history of significant leaks or spills of toxic or hazardous 
pollutants. Flows with a significant potential for causing erosion 
shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 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 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 excess of 
reporting requirements and releases of materials that are not 
classified as oil or hazardous substance. Such list shall be updated as 
appropriate during the term of the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from the following activities: loading and unloading operations; 
outdoor storage activities; significant dust or particulate generating 
processing activities; and onsite waste disposal. The description shall 
specifically list any significant potential source of pollutants at the 
site and for each potential source, any pollutant or pollutant 
parameter (e.g., oil and grease, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm waters discharges in 
a clean, orderly manner. Areas where good housekeeping practices should 
be implemented are storage areas for raw materials, waste materials and 
finished products; loading/unloading areas; and waste disposal areas 
for hazardous and nonhazardous wastes. Examples of good housekeeping 
measures include sweeping; labelling drums containing hazardous 
materials; and preventive monitoring practices (e.g., routine 
observation of manufacturing processes) or equivalent measures.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/water separators, catch basins) as well as 
inspecting and testing facility equipment and systems to uncover 
conditions that could cause breakdowns or failures resulting in 
discharges of pollutants to surface waters, and 

[[Page 51251]]
ensuring appropriate maintenance of such equipment and systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Areas to be 
identified should include loading/unloading areas, outdoor storage 
areas, and waste management areas exposed to storm water. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--Qualified facility personnel shall be identified 
to inspect designated equipment and areas of the facility on a periodic 
basis. At a minimum, the following areas, where the potential for 
exposure to storm water exists, must be inspected on a regularly 
scheduled basis: loading and unloading areas for all significant 
materials; storage areas, including associated containment areas; waste 
management units; and vents and stacks from industrial activities. For 
any problems identified during inspections, the plan shall be revised 
to include measures to address these problems. A set of tracking or 
follow-up procedures shall be used to ensure that appropriate actions 
are taken in response to the inspections. Records of inspections shall 
be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping, material management practices, unloading/loading 
practices, outdoor storage areas, waste management practices, proper 
handling procedures of hazardous waste, and improper connections to the 
storm sewer. At a minimum, this training should be provided annually. 
The pollution prevention plan shall identify frequencies and 
approximate dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan. Ineffective 
BMPs should be reported and the date of their corrective actions noted.
    (g) Non-storm Water Discharges
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water discharges 
as identified in Part III.A.2. of this permit. The certification shall 
include the identification of potential significant sources of non-
storm water at the site, a description of the results of any test and/
or evaluation for the presence of non-storm water discharges, the 
evaluation criteria or testing method used, the date of any testing 
and/or evaluation, and the onsite drainage points that were directly 
observed during the test. Certifications shall be signed in accordance 
with Part VII.G. of this permit. Such certification may not be feasible 
if the facility operating the storm water discharge associated with 
industrial activity does not have access to an outfall, manhole, or 
other point of access to the ultimate conduit which receives the 
discharge. In such cases, the source identification section of the 
storm water pollution prevention plan shall indicate why the 
certification required by this part was not feasible, along with the 
identification of potential significant sources of non-storm water at 
the site. A discharger that is unable to provide the certification 
required by this paragraph must notify the Director in accordance with 
Part XI.AB.3.a.(3)(g)(iv) (Failure to Certify) of this permit.
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A. (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) If the facility discharges wastewater, other than storm water 
via an existing NPDES permit, a copy of the NPDES permit authorizing 
the discharge must be attached to the plan. Similarly, if the facility 
submitted an application for an NPDES permit for non-storm water 
discharges, but has not yet received that permit, a copy of the permit 
application must be attached. Upon issuance or reissuance of an NPDES 
permit, the facility must modify its plan to include a copy of that 
permit. For facilities that discharge wastewater, other than solely 
domestic wastewater, to a Publicly Owned Treatment Works (POTW), the 
facility must notify the POTW of its discharge. Proof of this 
notification should be attached to the plan in the form of either (1) a 
copy of the permit issued by the treatment plant to the facility or (2) 
a copy of a notification letter to the POTW. Notification should 
identify, in general, the types of wastewater discharged to the POTW, 
including any storm water discharges. In any of these cases, specific 
permit conditions must be considered in the plan.
    (iv) Failure to Certify--Any facility that is unable to provide the 
certification required (testing for non-storm water discharges), must 
notify the Director by [Insert date 270 days after permit issuance] or, 
for facilities which begin to discharge storm water associated with 
industrial activity after [Insert date 270 days after permit issuance], 
180 days after submitting an NOI to be covered by this permit. If the 
failure to certify is caused by the inability to perform adequate tests 
or evaluations, such notification shall describe: the procedure of any 
test conducted for the presence of non-storm water discharges; the 
results of such test or other relevant observations; potential sources 
of non-storm water discharges to the storm sewer; and why adequate 
tests for such storm sewers were not feasible. Non-storm water 
discharges to waters of the United States which are not authorized by 
an NPDES permit are unlawful, and must be terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity (see paragraph 
XI.AB.3.a.(2) (Description of 

[[Page 51252]]
Potential Pollutant Sources) of this permit) shall be considered when 
determining reasonable and appropriate measures. Appropriate measures 
or other equivalent measures may include: vegetative swales and 
practices, reuse of collected storm water (such as for a process or as 
an irrigation source), inlet controls (such as oil/water separators), 
snow management activities, infiltration devices, and wet detention/
retention devices. In addition, the permittee must describe the storm 
water pollutant source area or activity (storage areas, loading/
unloading) to be controlled by each storm water management practice.
    (4) Comprehensive Site Compliance Evaluation.  Qualified personnel 
shall conduct site compliance evaluations at appropriate intervals 
specified in the plan, but in no case less than once a year. Such 
evaluations shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
Part XI.AB.3.a.(2) (Description of Potential Pollutant Sources) of this 
permit and pollution prevention measures and controls identified in the 
plan in accordance with paragraph XI.AB.3.a.(3) (Measures and Controls) 
of this permit shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the evaluation, personnel 
making the inspection, the date(s) of the inspection, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.AB.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years after the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
    4. Numeric Effluent Limitations. There are no additional numeric 
limitations beyond those described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements.
    a. Monitoring Requirements.
    (1) Quarterly Visual Examination of Storm Water Quality.  
Facilities shall perform and document a visual examination of a storm 
water discharge associated with industrial activity from each outfall, 
except discharges exempted below. The examination must be made at least 
once in each designated period [described in (a), below] during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Where 
practicable the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (c) When a discharger is unable to collect samples over the course 
of the visual examination period as a result of adverse climatic 
conditions, the discharger must document the reason for not performing 
the visual examination and retain this documentation onsite with the 
records of the visual examination. Adverse weather conditions which may 
prohibit the collection of samples include weather conditions that 
create dangerous conditions for personnel (such as local flooding, high 
winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
the collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (d) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.
    (e) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (f) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the examination data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.

[[Page 51253]]


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. The requirements listed 
under this section shall apply to all storm water discharges associated 
with industrial activity from facilities that manufacture: electronic 
and other electrical equipment and components, except computer 
equipment (SIC major group 36); measuring, analyzing, and controlling 
instruments; photographic, medical and optical goods; watches and 
clocks (SIC major group 38) and computer and office equipment (SIC code 
357).
    When an industrial facility, described by the above coverage 
provisions of this section, has industrial activities being conducted 
onsite that meet the description(s) of industrial activities in another 
section(s), that industrial facility shall comply with any and all 
applicable monitoring and pollution prevention plan requirements of the 
other section(s) in addition to all applicable requirements in this 
section. The monitoring and pollution prevention plan terms and 
conditions of this multi-sector permit are additive for industrial 
activities being conducted at the same industrial facility (co-located 
industrial activities). The operator of the facility shall determine 
which other monitoring and pollution prevention plan section(s) of this 
permit (if any) are applicable to the facility.
    2. Special Conditions.
    a. Prohibition of Non-storm Water Discharges. Other than as 
provided in use this Section III.A. of this permit, non-storm water 
discharges are not authorized by this permit.
    3. Storm Water Pollution Prevention Plan Requirements.
    a. Contents of Plan.  The plan shall include, at a minimum, the 
following items:
    (1) Pollution Prevention Team.  Each plan shall identify a specific 
individual or individuals within the facility organization as members 
of a storm water Pollution Prevention Team that are responsible for 
developing the storm water pollution prevention plan and assisting the 
facility or plant manager in its implementation, maintenance, and 
revision. The plan shall clearly identify the responsibilities of each 
team member. The activities and responsibilities of the team shall 
address all aspects of the facility's storm water pollution prevention 
plan.
    (2) Description of Potential Pollutant Sources. Each plan shall 
provide a description of potential sources which may reasonably be 
expected to add significant amounts of pollutants to storm water 
discharges or which may result in the discharge of pollutants during 
dry weather from separate storm sewers draining the facility. Each plan 
shall identify all activities and significant materials which may 
potentially be significant pollutant sources. Each plan shall include, 
at a minimum:
    (a) Drainage
    (i) A site map indicating an outline of the portions of the 
drainage area of each storm water outfall that are within the facility 
boundaries, each existing structural control measure to reduce 
pollutants in storm water runoff, surface water bodies, locations where 
significant materials are exposed to precipitation, locations where 
major spills or leaks identified under Part XI.AC.3.a.(2)(c) (Spills 
and Leaks) of this permit have occurred, and the locations of the 
following activities where such activities are exposed to 
precipitation: fueling stations, vehicle and equipment maintenance and/
or cleaning areas, loading/unloading areas, locations used for the 
treatment, storage or disposal of wastes, liquid storage tanks, 
processing areas and storage areas. The map must indicate the outfall 
locations and the types of discharges contained in the drainage areas 
of the outfalls.
    (ii) For each area of the facility that generates storm water 
discharges associated with industrial activity with a reasonable 
potential for containing significant amounts of pollutants, a 
prediction of the direction of flow, and an identification of the types 
of pollutants which are likely to be present in storm water discharges 
associated with industrial activity. Factors to consider include the 
toxicity of chemical; quantity of chemicals used, produced or 
discharged; the likelihood of contact with storm water; and history of 
significant leaks or spills of toxic or hazardous pollutants. Flows 
with a significant potential for causing erosion shall be identified.
    (b) Inventory of Exposed Materials--An inventory of the types of 
materials handled at the site that potentially may be exposed to 
precipitation. Such inventory shall include a narrative description of 
significant materials that have been handled, treated, stored or 
disposed in a manner to allow exposure to storm water between the time 
of 3 years prior to the date of the submission of a Notice of Intent 
(NOI) to be covered under this permit and the present; method and 
location of onsite storage or disposal; materials management practices 
employed to minimize contact of materials with storm water runoff 
between the time of 3 years prior to the date of the submission of a 
Notice of Intent (NOI) to be covered under this permit and the present; 
the location and a description of existing structural and nonstructural 
control measures to reduce pollutants in storm water runoff; and a 
description of any treatment the storm water receives.
    (c) Spills and Leaks--A list of significant spills and significant 
leaks of toxic or hazardous pollutants that occurred at areas that are 
exposed to precipitation or that otherwise drain to a storm water 
conveyance at the facility after the date of 3 years prior to the date 
of the submission of a Notice of Intent (NOI) to be covered under this 
permit. Such list shall be updated as appropriate during the term of 
the permit.
    (d) Sampling Data--A summary of existing discharge sampling data 
describing pollutants in storm water discharges from the facility, 
including a summary of sampling data collected during the term of this 
permit.
    (e) Risk Identification and Summary of Potential Pollutant 
Sources--A narrative description of the potential pollutant sources 
from 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 description shall specifically 
list any significant potential source of pollutants at the site and for 
each potential source, any pollutant or pollutant parameter (e.g., 
biochemical oxygen demand, etc.) of concern shall be identified.
    (3) Measures and Controls. Each facility covered by this permit 
shall develop a description of storm water management controls 
appropriate for the facility, and implement such controls. The 
appropriateness and priorities of controls in a plan shall reflect 
identified potential sources of pollutants at the facility. The 
description of storm water management controls shall address the 
following minimum components, including a schedule for implementing 
such controls:
    (a) Good Housekeeping--Good housekeeping requires the maintenance 
of areas which may contribute pollutants to storm water discharges in a 
clean, orderly manner.
    (b) Preventive Maintenance--A preventive maintenance program shall 
involve timely inspection and maintenance of storm water management 
devices (e.g., cleaning oil/

[[Page 51254]]
water separators, catch basins) as well as inspecting and testing 
facility equipment and systems to uncover conditions that could cause 
breakdowns or failures resulting in discharges of pollutants to surface 
waters, and ensuring appropriate maintenance of such equipment and 
systems.
    (c) Spill Prevention and Response Procedures--Areas where potential 
spills which can contribute pollutants to storm water discharges can 
occur, and their accompanying drainage points shall be identified 
clearly in the storm water pollution prevention plan. Where 
appropriate, specifying material handling procedures, storage 
requirements, and use of equipment such as diversion valves in the plan 
should be considered. Procedures for cleaning up spills shall be 
identified in the plan and made available to the appropriate personnel. 
The necessary equipment to implement a clean up should be available to 
personnel.
    (d) Inspections--In addition to or as part of the comprehensive 
site evaluation required under paragraph XI.AC.3.a.(4) of this section, 
qualified facility personnel shall be identified to inspect designated 
equipment and areas of the facility at appropriate intervals specified 
in the plan. A set of tracking or follow-up procedures shall be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections shall be maintained.
    (e) Employee Training--Employee training programs shall inform 
personnel responsible for implementing activities identified in the 
storm water pollution prevention plan or otherwise responsible for 
storm water management at all levels of responsibility of the 
components and goals of the storm water pollution prevention plan. 
Training should address topics such as spill response, good 
housekeeping and material management practices. The pollution 
prevention plan shall identify periodic dates for such training.
    (f) Recordkeeping and Internal Reporting Procedures--A description 
of incidents (such as spills, or other discharges), along with other 
information describing the quality and quantity of storm water 
discharges shall be included in the plan required under this part. 
Inspections and maintenance activities shall be documented and records 
of such activities shall be incorporated into the plan.
    (g) Non-storm Water Discharges
    (i) The plan shall include a certification that the discharge has 
been tested or evaluated for the presence of non-storm water 
discharges. The certification shall include the identification of 
potential significant sources of non-storm water at the site, a 
description of the results of any test and/or evaluation for the 
presence of non-storm water discharges, the evaluation criteria or 
testing method used, the date of any testing and/or evaluation, and the 
onsite drainage points that were directly observed during the test. 
Certifications shall be signed in accordance with Part VII.G. of this 
permit. Such certification may not be feasible if the facility 
operating the storm water discharge associated with industrial activity 
does not have access to an outfall, manhole, or other point of access 
to the ultimate conduit which receives the discharge. In such cases, 
the source identification section of the storm water pollution 
prevention plan shall indicate why the certification required by this 
part was not feasible, along with the identification of potential 
significant sources of non-storm water at the site. A discharger that 
is unable to provide the certification required by this paragraph must 
notify the Director in accordance with paragraph XI.AC.3.a.(3)(g)(iii) 
(below).
    (ii) Except for flows from fire fighting activities, sources of 
non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
Discharges) of this permit that are combined with storm water 
discharges associated with industrial activity must be identified in 
the plan. The plan shall identify and ensure the implementation of 
appropriate pollution prevention measures for the non-storm water 
component(s) of the discharge.
    (iii) Failure to Certify--Any facility that is unable to provide 
the certification required (testing for non-storm water discharges), 
must notify the Director by [Insert date 270 days after permit 
issuance] or, for facilities which begin to discharge storm water 
associated with industrial activity after [Insert date 270 days after 
permit issuance], 180 days after submitting an NOI to be covered by 
this permit. If the failure to certify is caused by the inability to 
perform adequate tests or evaluations, such notification shall 
describe: the procedure of any test conducted for the presence of non-
storm water discharges; the results of such test or other relevant 
observations; potential sources of non-storm water discharges to the 
storm sewer; and why adequate tests for such storm sewers were not 
feasible. Non-storm water discharges to waters of the United States 
which are not authorized by an NPDES permit are unlawful, and must be 
terminated.
    (h) Sediment and Erosion Control--The plan shall identify areas 
which, due to topography, activities, or other factors, have a high 
potential for significant soil erosion, and identify structural, 
vegetative, and/or stabilization measures to be used to limit erosion.
    (i) Management of Runoff--The plan shall contain a narrative 
consideration of the appropriateness of traditional storm water 
management practices (practices other than those which control the 
generation or source(s) of pollutants) used to divert, infiltrate, 
reuse, or otherwise manage storm water runoff in a manner that reduces 
pollutants in storm water discharges from the site. The plan shall 
provide that measures that the permittee determines to be reasonable 
and appropriate shall be implemented and maintained. The potential of 
various sources at the facility to contribute pollutants to storm water 
discharges associated with industrial activity [see paragraph 
XI.AC.3.a.(2) of this section (Description of Potential Pollutant 
Sources)] shall be considered when determining reasonable and 
appropriate measures. Appropriate measures or equivalent measures may 
include: vegetative swales and practices, reuse of collected storm 
water (such as for a process or as an irrigation source), inlet 
controls (such as oil/water separators), snow management activities, 
infiltration devices, and wet detention/retention devices.
    (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
shall conduct site compliance evaluations once a year. Such evaluations 
shall provide:
    (a) Areas contributing to a storm water discharge associated with 
industrial activity shall be visually inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Measures to 
reduce pollutant loadings shall be evaluated to determine whether they 
are adequate and properly implemented in accordance with the terms of 
the permit or whether additional control measures are needed. 
Structural storm water management measures, sediment and erosion 
control measures, and other structural pollution prevention measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. A visual inspection of equipment needed to 
implement the plan, such as spill response equipment, shall be made.
    (b) Based on the results of the evaluation, the description of 
potential pollutant sources identified in the plan in accordance with 
paragraph XI.AC.3.a.(2) of this section (Description of Potential 
Pollutant Sources) and pollution prevention measures and controls 
identified in the plan in 

[[Page 51255]]
accordance with paragraph XI.AC.3.a.(3) of this section (Measures and 
Controls) shall be revised as appropriate within 2 weeks of such 
evaluation and shall provide for implementation of any changes to the 
plan in a timely manner, but in no case more than 12 weeks after the 
evaluation.
    (c) A report summarizing the scope of the inspection, personnel 
making the evaluation, the date(s) of the evaluation, major 
observations relating to the implementation of the storm water 
pollution prevention plan, and actions taken in accordance with 
paragraph XI.AC.3.a.(4)(b) (above) of the permit shall be made and 
retained as part of the storm water pollution prevention plan for at 
least 3 years from the date of the evaluation. The report shall 
identify any incidents of noncompliance. Where a report does not 
identify any incidents of noncompliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G. (Signatory Requirements) of this permit.
    (d) Where compliance evaluation schedules overlap with inspections 
required under 3.a.(3)(d), the compliance evaluation may be conducted 
in place of one such inspection.
    4. Numeric Effluent Limitations. There are no additional numeric 
effluent limitations beyond those described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
    a. Monitoring Requirements
    (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
shall perform and document a visual examination of a storm water 
discharge associated with industrial activity from each outfall, except 
discharges exempted below. The examination must be made at least once 
in each designated period [described in (a), below] during daylight 
hours unless there is insufficient rainfall or snow melt to produce a 
runoff event.
    (a) Examinations shall be conducted in each of the following 
periods for the purposes of visually inspecting storm water quality 
associated with storm water runoff or snow melt: January through March; 
April through June; July through September; and October through 
December.
    (b) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to exceed 
one hour) of when the runoff or snowmelt begins discharging. The 
examinations shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, and 
other obvious indicators of storm water pollution. The examination must 
be conducted in a well lit area. No analytical tests are required to be 
performed on the samples. All such samples shall be collected from the 
discharge resulting from a storm event that is greater than 0.1 inches 
in magnitude and that occurs at least 72 hours from the previously 
measurable (greater than 0.1 inch rainfall) storm event. Whenever 
practicable the same individual will carry out the collection and 
examination of discharges for the life of the permit.
    (c) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources of 
any observed storm water contamination.
    (d) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent of 
one of such outfalls and report that the observation data also applies 
to the substantially identical outfalls provided that the permittee 
includes in the storm water pollution prevention plan a description of 
the location of the outfalls and explaining in detail why the outfalls 
are expected to discharge substantially identical effluents. In 
addition, for each outfall that the permittee believes is 
representative, an estimate of the size of the drainage area (in square 
feet) and an estimate of the runoff coefficient of the drainage area 
[e.g., low (under 40 percent), medium (40 to 65 percent), or high 
(above 65 percent)] shall be provided in the plan.
    (e) When a discharger is unable to collect samples over the course 
of the monitoring period as a result of adverse climatic conditions, 
the discharger must document the reason for not performing the visual 
examination and retain this documentation onsite with the records of 
the visual examination. Adverse weather conditions which may prohibit 
the collection of samples include weather conditions that create 
dangerous conditions for personnel (such as local flooding, high winds, 
hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
collection of a sample impracticable (drought, extended frozen 
conditions, etc.).
    (f) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long as 
the facility remains inactive and unstaffed. The facility must maintain 
a certification with the pollution prevention plan stating that the 
site is inactive and unstaffed so that performing visual examinations 
during a qualifying event is not feasible.

XII. Coverage Under This Permit

Region III

A. Federal Facilities in the District of Columbia (DCR05*##F)

    District of Columbia 401 certification special permit conditions 
revise the permit as follows:
    1. Part IV section B is amended by the addition of the following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

B. Signature and Plan Review

* * * * *

4. Review and Approval by Department of Consumer and Regulatory Affairs

    A copy of all storm water pollution prevention plans required 
under the permit shall be submitted to the District of Columbia's 
Department of Consumer and Regulatory Affairs, Environmental 
Regulation Administration, for review and approval.
    2. Part IV section E is amended by the addition of the 
following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

E. Special Pollution Prevention Plan Requirements

* * * * *

5. Nitrogen, Phosphorus, Fertilizer, Pesticides and Urea Loadings and 
Usages

    Permittees shall include in the storm water pollution prevention 
plan current nitrogen and phosphorus loads, current fertilizer 
usage, current exterior pesticide usage, and current urea for 
deicing usage.

6. Storm Water and Ground Water Diversions to Sanitary Sewers

    Permittees shall include in the storm water pollution prevention 
plan the volume of any storm water diverted to the sanitary sewer 
from roof leaders or other connections and the volume any ground 
water diverted to the sanitary sewer.

[[Page 51256]]


7. Proposed Reductions in Nutrient and Pesticide Loads

    Permittees shall include in the storm water pollution prevention 
plan the proposed reductions in nutrient and pesticides loads in 
accordance with the Chesapeake Bay Restoration goals.

8. Animal Waste Management Plans

    Any permittee that manages significant quantities of animals or 
animal wastes, shall provide in the storm water pollution prevention 
plan an accounting of these animal wastes, and nutrient control 
measures for avoiding, reducing, or eliminating runoff of these 
animal wastes.

B. District of Columbia (DCR05*###)

    District of Columbia 401 certification special permit conditions 
revise the permit as follows:
    1. Part IV section B is amended by the addition of the following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

B. Signature and Plan Review

* * * * *

4. Review and Approval by Department of Consumer and Regulatory Affairs

    A copy of all storm water management plans required under the 
permit shall be submitted to the District of Columbia's Department 
of Consumer and Regulatory Affairs, Environmental Regulation 
Administration, for review and approval.

Region VI

C. Louisiana (LAR05*###)

    Louisiana 401 certification and Coastal Zone special permit 
conditions revise the permit as follows:
    1. Part I section B. is amended by the addition of the following:

Part I. Coverage Under This Permit

B. Eligibility

* * * * *

8. Discharges Subject to Louisiana Coastal Zone Management Program

    Facilities whose activities occur in, or have an effect on, the 
designated coastal zone of Louisiana, shall have obtained an 
individual coastal zone consistency concurrence, permit, or waiver 
from the Coastal Management Division of the Louisiana Department of 
Natural Resources (in accordance with the Louisiana Coastal Zone 
Management Program LRS 49:214). Facilities wishing to obtain a 
description of the areas designated by the State of Louisiana as the 
``coastal zone'' should request that information by writing to: 
State of Louisiana, Department of Natural Resources, Coastal Zone 
Management Division, P.O. Box 44487, Baton Rouge, Louisiana 70804-
4487.

    2. The following section is added to Part V of the Permit:

Part V. Numeric Effluent Limitations

* * * * *
    c. Limitations for all discharges of storm water associated with 
industrial activity.
    (1) General Limitations: Effective [insert effective date of 
permit].

------------------------------------------------------------------------
                                                                Daily   
                         Parameter                             maximum  
------------------------------------------------------------------------
Total Organic Carbon (TOC).................................  50 mg/l    
Oil & Grease...............................................  15 mg/l    
------------------------------------------------------------------------

    (2) Oil & Gas Exploration and Production Facilities: Effective 
on effective date of permit.

------------------------------------------------------------------------
                                                                Daily   
                         Parameter                             maximum  
------------------------------------------------------------------------
Chemical Oxygen Demand (COD)...............................  100 mg/l   
Total Organic Carbon (TOC).................................  50 mg/l    
Oil & Grease...............................................  15 mg/l    
------------------------------------------------------------------------

Chlorides:
    (a) Maximum chloride concentration of the discharge shall not 
exceed two times the ambient concentration of the receiving water in 
brackish marsh areas.
    (b) Maximum chloride concentration of the discharge shall not 
exceed 500 mg/l in freshwater or intermediate marsh areas and upland 
areas.
    Facilities without monitoring requirements must insure the 
pollution prevention plan developed in accordance with Part IV will 
insure compliance with these effluent limitations.
* * * * *
    3. The following definitions are added to Part X of the permit:

Part X. Definitions

    ``Brackish Marshes''--those areas that are inundated or 
saturated by surface water or groundwater of moderate salinity at a 
frequency and duration sufficient to support, and that under normal 
circumstances do support, emergent vegetation characterized by a 
prevalence of species typically adapted for life in these soil and 
contiguous surface water conditions. Typical vegetation includes 
wiregrass (Spartina patens), three-cornered grass (Scirpus olneyi), 
coco (Scirpus robustus), and widgeongrass (Ruppia maritima). 
Interstitial water salinity normally ranges between 7 and 15 parts 
per thousand. (LAC 33:IX.708)
    ``Freshwater Swamps and Marshes''--those areas that are 
inundated or saturated by surface water or groundwater of negligible 
to very low salinity at a frequency and duration sufficient to 
support, and that under normal circumstances do support, emergent 
vegetation characterized by a prevalence of species typically 
adapted for life in these soil and contiguous surface water 
conditions. Typical vegetation includes maiden cane (Panicum 
hemitomon), Hydrocotyl sp., water hyacinth (Eichhornia crassipes), 
pickerelweed (Pontederia cordata), alligatorweed (Alternanthera 
philoxeroides), and bulltongue (Sagittaria sp.). Interstitial water 
salinity is normally less than 2 parts per thousand. (LAC 33:IX.708)
    ``Intermediate Marshes''--those areas that are inundated or 
saturated by surface water or groundwater of salinity at a frequency 
and duration sufficient to support, and that under normal 
circumstances do support, emergent vegetation characterized by a 
prevalence of species typically adapted for life in these soil and 
contiguous surface water conditions. Typical vegetation includes 
wiregrass (Spartina patens), deer pea (Vigna repens), bulltongue 
(Sagittaria sp.), wild millet (Echinochloa walteri), bullwhip 
(Scirpus californicus), and sawgrass (Cladium jamaicense). 
Interstitial water salinity normally ranges between 3 and 6 parts 
per thousand. (LAC 33:IX.708)
    ``Saline Marshes''--those wetland areas that are inundated or 
saturated by surface water or groundwater of salinity characteristic 
of near Gulf of Mexico ambient water at a frequency and duration 
sufficient to support, and that under normal circumstances do 
support, emergent vegetation characterized by a prevalence of 
species typically adapted for life in these soil and contiguous 
surface water conditions. Typical vegetation includes oystergrass 
(Spartina alterniflora), glasswort (Salicornia sp.), black rush 
(Juncus roemericanus), Batis maritima, black mangrove (Avicennia 
nitida), and saltgrass (Distichlis spicata). Interstitial water 
salinity normally exceeds 16 parts per thousand. (LAC 33:IX.708)
    ``Upland''--any land area that is not normally inundated with 
water and that would not, under normal circumstances, be 
characterized as swamp or fresh, intermediate, brackish, or saline 
marsh. The term shall have both a regional and site-specific 
connotation; for example, naturally occurring and man-made 
topographic highs that are partially or totally surrounded by swamp, 
marsh, or open water will be considered upland on a local basis, but 
will not necessitate characterization of the surrounding area as 
upland. The land and water bottoms of all parishes north of the nine 
parishes contiguous with the Gulf of Mexico shall be determined on a 
case-by-case basis with reference to the presences of a regional 
expanse of emergent aquatic vegetation or open water. (LAC 
33:IX.708)

D. New Mexico (NMR05*###)

    New Mexico 401 certification special permit conditions revise the 
permit as follows:
    1. Part VI.B of the permit is revised to read:

Part VI. Monitoring and Reporting Requirements

* * * * *
    B. Reporting: Where to Submit.
* * * * *
    3. Location. Signed copies of discharge monitoring reports 
required under Parts XI. and VI.C., individual permit applications, 
and all other reports required herein, shall be submitted to the 
appropriate state office address:

New Mexico
    Program Manager, Point Source Regulation Section, Surface Water 
Quality Bureau, New Mexico Environment Department, 1190 St. Francis 
Drive, Santa Fe, New Mexico 87504-0968 

[[Page 51257]]

    2. Part XI of the permit is revised to include the following 
additional monitoring for the industrial sectors indicated:

Part XI.

A. Storm Water Discharges Associated With Industrial Activity From 
Timber Products Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Tables A-
1,2,3,4 the following facilities shall conduct monitoring of the 
additional parameters indicated and the data reported to the New 
Mexico State Program Manager at the address above (Part VI.B). A 
copy of the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.

(1) Sawmill & planing facilities: shall monitor Biochemical Oxygen 
Demand (BOD), Nitrate + Nitrite (NO3+NO2), Ammonia 
(NH3) and Total Kjeldahl Nitrogen (TKN);
(2) Wood preserving facilities: shall monitor Total Suspended Solids 
(TSS), NO3+NO2, NH3 and TKN;
(3) Log storage & handling facilities: shall monitor Chemical Oxygen 
Demand (COD), NO3+NO2, NH3 and TKN;
(4) Other wood products: shall monitor BOD, NO3+NO2, TKN, 
NH3 and oil & grease.
* * * * *

B. Storm Water Discharges Associated With Industrial Activity From 
Paper And Allied Products Manufacturing Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table B-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

(1) Paperboard mills: shall monitor TSS, BOD, NO3+NO2, and 
TKN;
(2) Paperboard containers & boxes: shall monitor COD, 
NO3+NO2, NH3, and TKN;
(3) Converted paper & paperboard products: shall monitor COD, 
NO3+NO2, NH3, and TKN.
* * * * *

C. Storm Water Discharges Associated With Industrial Activity From 
Chemical and Allied Products Manufacturing Facilities

* * * * *

6. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Tables C-
2,3,4,5 the following facilities shall conduct monitoring of the 
additional parameters indicated and the data reported to the New 
Mexico State Program Manager at the address above (Part VI.B). A 
copy of the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.

(1) Agricultural chemical: shall monitor total mercury (Hg), TSS, 
NH3, and TKN;
(2) Inorganic chemical: shall monitor total Hg, NH3, and TKN;
(3) Detergents, cosmetics & perfumes: shall monitor COD, TKN, 
NH3, and TSS;
(4) Paints, varnishes, enamels & allied products: shall monitor TSS, 
NH3, NO3+NO2, and TKN.
(5) Plastics, synthetics, and resins: shall monitor total Hg, 
NO3+NO2, NH3, and TKN.
* * * * *

D. Storm Water Discharges Associated With Industrial Activity From 
Asphalt Paving and Roofing Materials and Lubricant Manufacturers

* * * * *

5. Monitoring and Reporting Requirements.

    (a) * * * In addition to the parameters listed in Table D-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

Asphalt paving & roofing materials: shall monitor COD, 
NO3+NO2, NH3, and TKN.

E. Storm Water Discharges Associated With Industrial Activity From 
Glass, Clay, Cement, Concrete, Gypsum Product Manufacturing 
Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Tables E-1,2 
the following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

(1) Clay product manufactures: shall monitor TSS;
(2) Concrete & gypsum product manufactures: shall monitor TKN, 
NH3, and NO3+NO2;
(3) Flat glass, glass & glassware, pressed or blown glass products: 
shall monitor TKN, NH3, and NO3+NO2.
* * * * *

F. Storm Water Discharges Associated With Industrial Activity From 
Primary Metals Facilities.

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Tables F-1, 2, 
3, 4 the following facilities shall conduct monitoring of the 
additional parameters indicated and the data reported to the New 
Mexico State Program Manager at the address above (Part VI.B). A 
copy of the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.

(1) Steel works: shall monitor total Hg, TKN, NO3+NO2, 
NH3, and TSS;
(2) Iron & steel foundries: shall monitor total Hg, COD, 
NO3+NO2, NH3, and TKN;
(3) Rolling, drawing & extruding--non-ferrous: shall monitor total 
Hg, NO3+NO2, NH3, and TKN;
(4) Non-ferrous foundries: shall monitor total Hg, TSS, 
NO3+NO2, NH3, and TKN.
* * * * *

G. Storm Water Discharges Associated With Industrial Activity From 
Metal Mining (Ore Mining and Dressing) Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table G-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per 

[[Page 51258]]
year) in the second and fourth year of the permit. The first period of 
monitoring to begin on the date one year following the date of 
issuance of this permit. Each year of monitoring (four quarters) 
shall be reported no later than the following March. The report to 
NMED shall be postmarked no later that the 31st day of the following 
March.
    All metal mining facilities shall monitor for COD, TSS, 
NO3+NO2, TKN, NH3, total Hg; in addition, all 
permittees in the SIC code for metals mining shall monitor for any 
heavy metal which the permittee has reason to believe may be present 
in storm water runoff from the mining facility.
* * * * *

I. Storm Water Discharges Associated With Industrial Activity From 
Oil and Gas Extraction Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) All facilities in this sector shall conduct analytical 
monitoring for oil and grease; total phosphorus; and total suspended 
solids (TSS). The data shall be reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
* * * * *

J. Storm Water Discharges Associated With Industrial Activity From 
Mineral Mining and Processing Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table J-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

Sand & gravel mining facilities: shall monitor TKN and NH3.
* * * * *

K. Storm Water Discharges Associated With Industrial Activity From 
Hazardous Waste Treatment, Storage, or Disposal Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table K-1 all 
facilities shall monitor TKN, NO3+NO2, and TSS and the 
data reported to the New Mexico State Program Manager at the address 
above (Part VI.B). A copy of the data shall be kept with the 
Pollution Prevention Plan. Monitoring for the additional parameters 
indicated shall be conducted at least quarterly (4 times per year) 
in the second and fourth year of the permit. The first period of 
monitoring to begin on the date one year following the date of 
issuance of this permit. Each year of monitoring (four quarters) 
shall be reported no later than the following March. The report to 
NMED shall be postmarked no later that the 31st day of the following 
March.
* * * * *

L. Storm Water Discharges Associated With Industrial Activity From 
LandFills and Land Application Sites

5. Monitoring and Reporting Requirements.

    (a) * * * In addition to the parameters listed in Table L-1 all 
facilities shall monitor TKN, NH3, and NO3+NO2 and 
the data reported to the New Mexico State Program Manager at the 
address above (Part VI.B). A copy of the data shall be kept with the 
Pollution Prevention Plan. Monitoring for the additional parameters 
indicated shall be conducted at least quarterly (4 times per year) 
in the second and fourth year of the permit. The first period of 
monitoring to begin on the date one year following the date of 
issuance of this permit. Each year of monitoring (four quarters) 
shall be reported no later than the following March. The report to 
NMED shall be postmarked no later that the 31st day of the following 
March.
* * * * *

M. Storm Water Discharges Associated With Industrial Activity From 
Automobile Salvage Yards

* * * * *

4. Monitoring and Reporting Requirements.

    (a) * * * In addition to the parameters listed in Table M-1 all 
facilities shall monitor oil & grease, NO3+NO2, NH3, 
and TKN and the data reported to the New Mexico State Program 
Manager at the address above (Part VI.B). A copy of the data shall 
be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
* * * * *

N. Storm Water Discharges Associated With Industrial Activity From 
Scrap Recycling and Waste Recycling Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table N-1 all 
facilities shall monitor oil & grease, NO3+NO2, NH3, 
and TKN and the data reported to the New Mexico State Program 
Manager at the address above (Part VI.B). A copy of the data shall 
be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
* * * * *

O. Storm Water Discharges Associated With Industrial Activity From 
Steam Electric Power Generating Facilities, Including Coal Handling 
Areas

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table O-1 all 
facilities shall monitor TSS, NO3+NO2, TKN, NH3, and 
total Zinc (Zn) and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
* * * * *

P. Storm Water Discharges Associated With Industrial Activity From 
Motor Freight Transportation Facilities, Petroleum Bulk Oil 
Stations and Terminals, Rail Transportation Facilities, and United 
States Postal Service Transportation Facilities

* * * * *

4. Monitoring and Reporting Requirements

    (a) The following facilities shall conduct analytical monitoring 
of the parameters indicated and the data reported to the New Mexico 
State Program Manager at the address above (Part VI.B). A copy of 
the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.

(1) Railroad transportation: shall monitor COD, NO3+NO2, 
TKN, NH3, TSS, total Zn, and oil & grease; 

[[Page 51259]]

(2) Local & highway passenger transportation: shall monitor 
NO3+NO2, NH3, oil & grease, TSS, and TKN;
(3) Motor freight transportation & warehousing: shall monitor 
NO3+NO2, NH3, TSS, total Zn, TKN, and oil & grease;
(4) U.S. Postal Service: shall monitor total Zn;
(5) Petroleum bulk stations: shall monitor TKN, NO3+NO2, 
NH3, and TSS.
* * * * *

Q. Storm Water Discharges Associated With Industrial Activity From 
Water Transportation Facilities That Have Vehicle Maintenance Shops 
and/or Equipment Cleaning Operations

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table Q-1 all 
facilities shall monitor TSS, NO3+NO2, NH3, and TKN 
and the data reported to the New Mexico State Program Manager at the 
address above (Part VI.B.). A copy of the data shall be kept with 
the Pollution Prevention Plan. Monitoring for the additional 
parameters indicated shall be conducted at least quarterly (4 times 
per year) in the second and fourth year of the permit. The first 
period of monitoring to begin on the date one year following the 
date of issuance of this permit. Each year of monitoring (four 
quarters) shall be reported no later than the following March. The 
report to NMED shall be postmarked no later that the 31st day of the 
following March.
* * * * *

S. Storm Water Discharges Associated With Industrial Activity From 
Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing 
Areas Located at Air Transportation Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table S-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B.). A copy of the 
data shall be kept with the Pollution Prevention Plan. Monitoring 
for the additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
    (1) Vehicle maintenance and/or cleaning areas: shall monitor oil 
& grease, COD, TSS;
* * * * *
    (b) Quarterly Visual Examination of Storm Water Quality. Storm 
water discharge from vehicle maintenance, cleaning or deicing areas 
shall be visually examined once each quarter as specified below. 
These facilities shall perform and document a visual examination of 
a storm water discharge associated with industrial activity from 
each outfall, except discharges exempted below. The examination(s) 
must be made at least once in each of the following 3-month periods: 
January through March, April through June, July through September, 
and October through December. The examination shall be made during 
daylight hours unless there is insufficient rainfall or snow melt to 
produce a runoff event.
    (1) Examinations shall be made of samples collected within the 
first 30 minutes (or as soon thereafter as practical, but not to 
exceed 1 hour) of when the runoff or snow melt begins discharging. 
The examination shall document observations of color, odor, clarity, 
floating solids, settled solids, suspended solids, foam, oil sheen, 
and other obvious indicators of storm water pollution. The 
examination must be conducted in a well lit area. No analytical 
tests are required to be performed on the samples. All such samples 
shall be collected from the discharge resulting from a storm event 
that is greater than 0.1 inches in magnitude and that occurs at 
least 72 hours from the previously measurable (greater than 0.1 inch 
rainfall) storm event. Where practicable, the same individual should 
carry out the collection and examination of discharges for the 
entire permit term.
    (2) Visual examination reports must be maintained onsite in the 
pollution prevention plan. The report shall include the examination 
date and time, examination personnel, the nature of the discharge 
(i.e., runoff or snow melt), visual quality of the storm water 
discharge (including observations of color, odor, clarity, floating 
solids, settled solids, suspended solids, foam, oil sheen, and other 
obvious indicators of storm water pollution), and probable sources 
of any observed storm water contamination.
    (3) When a facility has two or more outfalls that, based on a 
consideration of industrial activity, significant materials, and 
management practices and activities within the area drained by the 
outfall, the permittee reasonably believes discharge substantially 
identical effluents, the permittee may collect a sample of effluent 
of one of such outfalls and report that the examination data also 
applies to the substantially identical outfall(s) provided that the 
permittee includes in the storm water pollution prevention plan a 
description of the location of the outfalls and explains in detail 
why the outfalls are expected to discharge substantially identical 
effluents. In addition, for each outfall that the permittee believes 
is representative, an estimate of the size of the drainage area (in 
square feet) and an estimate of the runoff coefficient of the 
drainage area [e.g., low (under 40 percent), medium (40 to 65 
percent), or high (above 65 percent)] shall be provided in the plan.
    (4) When a discharger is unable to collect samples over the 
course of the visual examination period as a result of adverse 
climatic conditions, the discharger must document the reason for not 
performing the visual examination and retain this documentation 
onsite with the records of the visual examinations. Adverse weather 
conditions that may prohibit the collection of samples include 
weather conditions that create dangerous conditions for personnel 
(such as local flooding, high winds, hurricane, tornadoes, 
electrical storms, etc.) or otherwise make the collection of a 
sample impracticable (drought, extended frozen conditions, etc.).
    (5) When a discharger is unable to conduct visual storm water 
examinations at an inactive and unstaffed site, the operator of the 
facility may exercise a waiver of the monitoring requirement as long 
as the facility remains inactive and unstaffed. The facility must 
maintain a certification with the pollution prevention plan stating 
that the site is inactive and unstaffed so that performing visual 
examinations during a qualifying event is not feasible.
* * * * *

T. Storm Water Discharges Associated With Industrial Activity From 
Treatment Works.

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the visual monitoring, all facilities 
shall conduct analytical monitoring of BOD, NO3+NO2, TKN, 
NH3, TSS, and fecal coliform, and the data reported to the New 
Mexico State Program Manager at the address above (Part VI.B). A 
copy of the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.
* * * * *

U. Storm Water Discharges Associated With Industrial Activity From 
Food and Kindred Products Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table U-1,2 
the following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

(1) Grain mill products: shall monitor COD, total Zn, TKN, 
NO3+NO2, NH3, and total phosphorus;
(2) Fats and oils products: shall monitor TKN and NH3;
(3) Dairy products: shall monitor BOD, COD, NO3+NO2, TKN, 
NH3, and TSS;
(4) Meat products: shall monitor NO3+NO2, TKN, and TSS; 

[[Page 51260]]

(5) Canned, frozen & preserved fruits: shall monitor 
NO3+NO2, NH3, COD, and TKN;
(6) Bakery products: shall monitor TKN, NO3+NO2, NH3, 
and TSS;
(7) Beverage facilities: shall monitor total Zn;
(8) Miscellaneous: shall monitor TKN, NO3+NO2, NH3, 
and TSS.
* * * * *

W. Storm Water Discharges Associated With Industrial Activity From 
Wood and Metal Furniture and Fixture Manufacturing Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) All facilities shall conduct analytical monitoring of 
NO3+NO2, TKN, NH3, TSS and total Zn, and the data 
reported to the New Mexico State Program Manager at the address 
above (Part VI.B). A copy of the data shall be kept with the 
Pollution Prevention Plan. Monitoring for the additional parameters 
indicated shall be conducted at least quarterly (4 times per year) 
in the second and fourth year of the permit. The first period of 
monitoring to begin on the date one year following the date of 
issuance of this permit. Each year of monitoring (four quarters) 
shall be reported no later than the following March. The report to 
NMED shall be postmarked no later that the 31st day of the following 
March.
* * * * *

Y. Storm Water Discharges Associated With Industrial Activity From 
Rubber, Miscellaneous Plastic Products, and Miscellaneous 
Manufacturing Industries

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table Y-1 the 
following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

(1) Rubber products manufacturing: shall monitor TSS, TKN, 
NO3+NO2, NH3, and total Hg;
(2) Miscellaneous plastics products: shall monitor 
NO3+NO2, NH3, TKN, TSS, and total Hg.
* * * * *

Z. Storm Water Discharges Associated With Industrial Activity From 
Leather Tanning and Finishing Facilities

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the visual monitoring, all facilities 
shall conduct analytical monitoring of COD, NO3+NO2, TKN, 
NH3, and TSS, and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.
* * * * *

AA. Storm Water Discharges Associated With Industrial Activity From 
Fabricated Metal Products Industry

* * * * *

5. Monitoring and Reporting Requirements

    (a) * * * In addition to the parameters listed in Table AA-1,2 
the following facilities shall conduct monitoring of the additional 
parameters indicated and the data reported to the New Mexico State 
Program Manager at the address above (Part VI.B). A copy of the data 
shall be kept with the Pollution Prevention Plan. Monitoring for the 
additional parameters indicated shall be conducted at least 
quarterly (4 times per year) in the second and fourth year of the 
permit. The first period of monitoring to begin on the date one year 
following the date of issuance of this permit. Each year of 
monitoring (four quarters) shall be reported no later than the 
following March. The report to NMED shall be postmarked no later 
that the 31st day of the following March.

(1) Metal products except coating: shall monitor TKN, NH3, and TSS;
(2) Metal coating & engraving: shall monitor TKN, and NH3.
* * * * *

AC. Storm Water Discharges Associated With Industrial Activity From 
Facilities That Manufacture Electronic and Electrical Equipment and 
Components, Photographic and Optical Goods

* * * * *

5. Monitoring and Reporting Requirements

    (a) All facilities shall conduct analytical monitoring of total 
Aluminum (Al), total Zn and total Hg, and the data reported to the 
New Mexico State Program Manager at the address above (Part VI.B). A 
copy of the data shall be kept with the Pollution Prevention Plan. 
Monitoring for the additional parameters indicated shall be 
conducted at least quarterly (4 times per year) in the second and 
fourth year of the permit. The first period of monitoring to begin 
on the date one year following the date of issuance of this permit. 
Each year of monitoring (four quarters) shall be reported no later 
than the following March. The report to NMED shall be postmarked no 
later that the 31st day of the following March.
    In addition to the above-referenced conditions, per 40 CFR 
122.44(d)(6) to ensure consistency with work element 6 of the State-
adopted Water Quality Management Plan (WQMP) approved by EPA under 
Section 208(b) of the CWA, NMED is requiring that all permittees 
covered under this general permit, who are required to do sampling, 
be additionally required to monitor and report pH.
* * * * *

E. Oklahoma (OKR05*###)

    Oklahoma 401 certification special permit conditions revise the 
permit as follows:
    Part I.B.3. Limitations on Coverage. Insert the following 
paragraph:
    f. Discharges to Oklahoma Outstanding Resource Waters and Scenic 
Rivers. ``New'' point source discharges of storm water associated 
with industrial activity (those commencing after the June 25, 1992, 
effective date of the Oklahoma Water Quality Standards--Oklahoma 
Annotated Code Title 785, Chapter 45) to the following waters:
    (1) waterbodies designated as ``Outstanding Resource Waters'' 
and/or ``Scenic Rivers'' in Appendix A of the Oklahoma Water Quality 
Standards;
    (2) Oklahoma waterbodies located within the watersheds of 
waterbodies designated as ``Scenic Rivers'' in Appendix A of the 
Oklahoma Water Quality Standards; and
    (3) waterbodies located within the boundaries of Oklahoma Water 
Quality Standards Appendix B areas which are specifically designated 
as ``Outstanding Resource Waters'' in Appendix A of the Oklahoma 
Water Quality Standards.

D. Texas (TXR05*###)

    Texas 401 certification special permit conditions revise the 
permit as follows:

    The following sections are added to Part V of the permit:

Part V. Numeric Effluent Limitations

* * * * *

C. All Discharges to Inland Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for 
discharges to inland waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.05          0.1            0.2 
Chromium......................         0.5           1.0            5.0 

[[Page 51261]]
                                                                        
Copper........................         0.5           1.0            2.0 
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.05          0.1            0.2 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------



C. All Discharges to Tidal Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for 
discharges to tidal waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.1           0.2            0.3 
Chromium......................         0.5           1.0            5.0 
Copper........................         0.5           1.0            2.0 
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.10          0.2            0.3 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------

    2. The following section is added to Part VI. of the permit:
* * * * *
    D. Toxicity Testing. All facilities that have demonstrated 
significant lethality, which has not been controlled, shall continue 
to perform WET testing in accordance with the requirements below. 
Permittees that are required to monitor for acute whole effluent 
toxicity shall initiate the series of tests described below within 
180 days after the issuance of this permit or within 90 days after 
the commencement of a new discharge.
    The permittee shall test the effluent for lethality in 
accordance with the provisions of this section. Such testing will 
determine if an effluent sample meets the Texas Surface Water 
Quality Standard listed at 31 TAC Sec. 307.6(e)(2)(B) of greater 
than 50% survival of the appropriate test organisms in 100% effluent 
for a 24-hour period.

1. Test Procedures

    a. The permittee shall conduct acute 24 hour static toxicity 
tests on both an appropriate invertebrate and an appropriate fish 
(vertebrate) test species (EPA/600/4-90-027 Rev. 9/91, Section 
6.1.). Freshwater species must be used for discharges to freshwater 
water bodies. Due to the non-saline nature of rainwater, freshwater 
test species should also be used for discharges to estuarine, marine 
or other naturally saline waterbodies.
    The following tests shall be used:
    1. Acute static 24-hour definitive toxicity test using Daphnia 
pulex. A minimum of four (4) replicates with a minimum of five (5) 
organisms per replicate shall be used for this test.
    2. Acute static 24-hour definitive toxicity test using fathead 
minnow (Pimephales promelas). A minimum of four (4) replicates with 
a minimum of ten (10) organisms per replicate shall be used for this 
test.
    b. Five dilutions in addition to an appropriate control (0% 
effluent), shall be used in the toxicity tests. These effluent 
concentrations shall be 6%, 13%, 25%, 50% and 100%. The control and/
or dilution water shall consist of a standard, synthetic, moderately 
hard, reconstituted water. If more than 10% of the test organisms in 
any control die, that test, including the control and all effluent 
dilution(s), shall be repeated, with all results from both tests 
reported.
    c. All test organisms, procedures and quality assurance criteria 
used shall be in accordance with Methods for Measuring the Acute 
Toxicity of Effluents and Receiving Waters to Freshwater and Marine 
Organisms, EPA/600/4-90-027 (Rev. September 1991). EPA has proposed 
to establish regulations regarding these test methods (December 4, 
1989, 53 FR 50216).
    d. Tests shall be conducted semiannually (twice per year) on a 
grab sample of the discharge at 100% strength (no dilution), the 
dilutions specified in paragraph b. above, and a control consisting 
of either receiving water or synthetic dilution water. Results of 
all tests conducted with any species shall be reported according to 
EPA/600/4-90-027 (Rev. September 1991), Section 12, Report 
Preparation, and the report retained onsite. The test results shall 
be summarized in the format used on Table VI-A and submitted to EPA 
with the Discharge Monitoring Reports (DMR's). On the DMR, the 
permittee shall report test results in accordance with the 
instructions on Table VI-A.
* * * * *
    2. The following sections are added to Part V of the permit:

Part V. Numeric Effluent Limitations

* * * * *

B. All Discharges to Inland Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for 
discharges to inland waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.05          0.1            0.2 
Chromium......................         0.5           1.0            5.0 
Copper........................         0.5           1.0            2.0 

[[Page 51262]]
                                                                        
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.05          0.1            0.2 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------



C. All Discharges to Tidal Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for 
discharges to tidal waters are as follows:

------------------------------------------------------------------------
                                   Monthly        Daily                 
          Total metal              average      composite    Single grab
------------------------------------------------------------------------
Arsenic.......................         0.1           0.2            0.3 
Barium........................         1.0           2.0            4.0 
Cadmium.......................         0.1           0.2            0.3 
Chromium......................         0.5           1.0            5.0 
Copper........................         0.5           1.0            2.0 
Lead..........................         0.5           1.0            1.5 
Manganese.....................         1.0           2.0            3.0 
Mercury.......................         0.005         0.005          0.01
Nickel........................         1.0           2.0            3.0 
Selenium......................         0.10          0.2            0.3 
Silver........................         0.05          0.1            0.2 
Zinc..........................         1.0           2.0            6.0 
------------------------------------------------------------------------

    3. The following definitions are added to Part X of the permit:

Part X. Definitions

    ``Inland Waters''--all surface waters in the State other than 
``tidal waters'' as defined below.
    ``Tidal Waters''--those waters of the Gulf of Mexico within the 
jurisdiction of the State of Texas, bays and estuaries thereto, and 
those portions of the river systems which are subject to the ebb and 
flow of the tides, and to the intrusion of marine waters.
Region IX

Arizona (AZR05*###) and Federal Facilities in Arizona (AZR05*##F)

    Arizona 401 certification special permit conditions revise the 
permit as follows:
    1. Part I section B is amended by the addition of the following:

Part I. Coverage Under This Permit

* * * * *

B. Eligibility

* * * * *

8. Compliance with Water Quality Standards of the State of Arizona

    Discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality standard 
of the State of Arizona (Arizona Administrative Code, Title 18, 
Chapter 11).

    2. The following language is added to Part II section D:

Part II. Notification Requirements

* * * * *

D. Where to Submit

    Notices of Intent shall also be submitted to the State of 
Arizona Department of Environmental Quality at the following 
address: Storm Water Coordinator, Arizona Department of 
Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 
85012.
    NOIs submitted to the State of Arizona shall include the well 
registration number if storm water associated with industrial 
activity is discharged to a dry well or an injection well.

    3. The following language is added to Part IV section E.2:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

E. Special Pollution Prevention Plan Requirements

* * * * *

2. Additional Requirements for Storm Water Discharges Associated With 
Industrial Activity From Facilities Subject to EPCRA Section 313 
Requirements

* * * * *
    e. SARA Section 313 (Community Right to Know) Facilities shall 
have the following requirement:
    Liquid storage areas for Section 313 water priority chemicals 
shall be operated to minimize discharges of Section 313 chemicals. 
Appropriate measures to minimize discharges of Section 313 chemicals 
shall include secondary containment provided for at least the entire 
contents of the largest tank plus sufficient freeboard to allow for 
the 25-year, 24-hour precipitation event, a strong spill contingency 
and integrity testing plan, and/or other equivalent measures.

    4. Part IV. Section E is amended by the addition of the following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

E. Special Pollution Prevention Plan Requirements

* * * * *

5. Delineation of Facility Areas Below Base Elevation

    All facilities with any portion of the facility that is located 
at or below the Base Elevation shall delineate on the site map those 
portions of the facility that are located at or below the Base 
Elevation.
    5. The following language is added to Part VI section B.2:

Part VI. Monitoring and Reporting Requirements

* * * * *

B. Reporting: Where to Submit

* * * * *
    2. Additional Notification. Facilities subject to monitoring and 
reporting requirements shall also submit Discharge Monitoring Report 
Form(s) and other required monitoring information to the State of 
Arizona Department of Environmental Quality at the following 
address: Storm 

[[Page 51263]]
Water Coordinator/DMR, Arizona Department of Environmental Quality, 
3033 N. Central Avenue, Phoenix, Arizona 85012.

    6. The following is added to Part IX section B:

Part IX. Termination of Coverage

* * * * *

B. Addresses

    Notices of Termination shall also be submitted to the State of 
Arizona Department of Environmental Quality at the following 
address: Storm Water Coordinator, Arizona Department of 
Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 
85012.

    7. The following definitions are added to Part X of the permit:

 Part X. Definitions

    ``Significant Sources of Non-Storm Water''--includes, but is not 
limited to discharges which could cause or contribute to violations 
of water quality standards of the State of Arizona, and discharges 
which could include releases of oil or hazardous substances in 
excess of reportable quantities under Section 311 of the Clean Water 
Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see 
CFR 302.4).
    ``Base Elevation''--elevation of a surface waterbody having a 
one percent chance of being equaled or exceeded during any given 
year.
Region X

F. Washington (WAR05*###)

    Washington 401 certification special permit conditions revise the 
permit as follows:
    1. Part I section B is amended by the addition of the following:

Part I. Coverage Under This Permit

* * * * *

B. Eligibility

* * * * *

8. Compliance with Washington Water Quality and Sediment Standards

    Discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality standard 
of the State of Washington, specifically Chapter 173-201A WAC 
Surface Water Quality Standards, Chapter 173-204 WAC Sediment 
Standards, and the National Toxics Rule for human health related to 
water quality standards.

Addendum A--Pollutants Identified in Tables II and III of Appendix D of 
40 CFR Part 122

Table II.--Organic Toxic Pollutants in Each of Four Fractions in 
Analysis by Gas Chromatography/Mass Spectroscopy (GS/MS)

Volatiles

1V acrolein
2V acrylonitrile
3V benzene
5V bromoform
6V carbon tetrachloride
7V chlorobenzene
8V chlorodibromomethane
9V chloroethane
10V 2-chloroethylvinyl ether
11V chloroform
12V dichlorobromomethane
14V 1,1-dichloroethane
15V 1,2-dichloroethane
16V 1,1-dichloroethylene
17V 1,2-dichloropropane
18V 1,3-dichloropropylene
19V ethylbenzene
20V methyl bromide
21V methyl chloride
22V methylene chloride
23V 1,1,2,2-tetrachloroethane
24V tetrachloroethylene
25V toluene
26V 1,2-trans-dichloroethylene
27V 1,1,1-trichloroethane
28V 1,1,2-trichloroethane
29V trichloroethylene
31V vinyl chloride

Acid Compounds

1A 2-chlorophenol
2A 2,4-dichlorophenol
3A 2,4-dimethylphenol
4A 4,6-dinitro-o-cresol
5A 2,4-dinitrophenol
6A 2-nitrophenol
7A 4-nitrophenol
8A p-chloro-m-cresol
9A pentachlorophenol
10A phenol
11A 2,4,6-trichlorophenol

Base/Neutral

1B acenaphthene
2B acenaphthylene
3B anthracene
4B benzidine
5B benzo(a)anthracene
6B benzo(a)pyrene
7B 3,4-benzofluoranthene
8B benzo(ghi)perylene
9B benzo(k)fluoranthene
10B bis(2-chloroethoxy)methane
11B bis(2-chloroethyl)ether
12B bis(2-chloroisopropyl)ether
13B bis (2-ethylhexyl)phthalate
14B 4-bromophenyl phenyl ether
15B butylbenzyl phthalate
16B 2-chloronaphthalene
17B 4-chlorophenyl phenyl ether
18B chrysene
19B dibenzo(a,h)anthracene
20B 1,2-dichlorobenzene
21B 1,3-dichlorobenzene
22B 1,4-dichlorobenzene
23B 3,3'-dichlorobenzidine
24B diethyl phthalate
25B dimethyl phthalate
26B di-n-butyl phthalate
27B 2,4-dinitrotoluene
28B 2,6-dinitrotoluene
29B di-n-octyl phthalate
30B 1,2-diphenylhydrazine (as azobenzene)
31B fluroranthene
32B fluorene
33B hexachlorobenzene
34B hexachlorobutadiene
35B hexachlorocyclopentadiene
36B hexachloroethane
37B indeno(1,2,3-cd)pyrene
38B isophorone
39B napthalene
40B nitrobenzene
41B N-nitrosodimethylamine
42B N-nitrosodi-n-propylamine
43B N-nitrosodiphenylamine
44B phenanthrene
45B pyrene
46B 1,2,4-trichlorobenzene

Pesticides

1P aldrin
2P alpha-BHC
3P beta-BHC
4P gamma-BHC
5P delta-BHC
6P chlordane
7P 4,4'-DDT
8P 4,4'-DDE
9P 4,4'-DDD
10P dieldrin
11P alpha-endosulfan
12P beta-endosulfan
13P endosulfan sulfate
14P endrin
15P endrin aldehyde
16P heptachlor
17P heptachlor epoxide
18P PCB-1242
19P PCB-1254
20P PCB-1221
21P PCB-1232
22P PCB-1248
23P PCB-1260
24P PCB-1016
25P toxaphene

Table III.--Other Toxic Pollutants (Metals and Cyanide) and Total 
Phenols

Antimony, Total
Arsenic, Total
Beryllium, Total
Cadmium, Total
Chromium, Total
Copper, Total
Lead, Total
Mercury, Total
Nickel, Total
Selenium, Total
Silver, Total
Thallium, Total
Zinc, Total
Cyanide, Total
Phenols, Total

Table V.--Toxic Pollutants and Hazardous Substances Required To Be 
Identified by Existing Dischargers if Expected To Be Present

Toxic Pollutants

Asbestos

Hazardous Substances

Acetaldehyde
Allyl alcohol
Allyl chloride
Amyl acetate
Aniline
Benzonitrile
Benzyl chloride
Butyl acetate
Butylamine
Captan
Carbaryl
Carbofuran
Carbon disulfide
Chlorpyrifos

[[Page 51264]]

Coumaphos
Cresol
Crotonaldehyde
Cyclohexane
2,4-D (2,4-Dichlorophenoxy acetic acid)
Diazinon
Dicamba
Dichlobenil
Dichlone
2,2-Dichloropropionic acid
Dichlorvos
Diethyl amine
Dimethyl amine
Dintrobenzene
Diquat
Disulfoton
Diuron
Epichlorohydrin
Ethion
Ethylene diamine
Ethylene dibromide
Formaldehyde
Furfural
Guthion
Isoprene
Isopropanolamine Dodecylbenzenesulfonate
Kelthane
Kepone
Malathion
Mercaptodimethur
Methoxychlor
Methyl mercaptan
Methyl methacrylate
Methyl parathion
Mevinphos
Mexacarbate
Monoethyl amine
Monomethyl amine
Naled
Napthenic acid
Nitrotoluene
Parathion
Phenosulfanate
Phosgene
Propargite
Propylene oxide
Pyrethrins
Quinoline
Resorcinol
Strontium
Strychnine
Styrene
2,4,5-T (2,4,5-Trichlorophenoxy acetic acid)
TDE (Tetrachlorodiphenylethane)
2,4,5-TP [2-(2,4,5-Trichlorophenoxy) propanoic acid]
Trichlorofan
Triethanolamine dodecylbenzenesulfonate
Triethylamine
Trimethylamine
Uranium
Vanadium
Vinyl acetate
Xylene
Xylenol
Zirconium

BILLING CODE 6560-50-P

[[Page 51265]]
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BILLING CODE 6560-50-C

                                                                        

[[Page 51269]]
       Addendum D.--Partial List of Large, Medium, and Designated       
                             Municipalities                             
                          [Incorporated Places]                         
------------------------------------------------------------------------
                    State                             Place name        
------------------------------------------------------------------------
Alaska......................................  Anchorage city.*          
Alabama.....................................  Adamsville city.          
                                              Alabaster city.           
                                              Bessemer city.            
                                              Birmingham city.*         
                                              Brighton city.            
                                              Brookside town.           
                                              Chickasaw city.           
                                              Creola city.              
                                              Daphne city.              
                                              Fairfield city.           
                                              Fairhope city.            
                                              Fultondale city.          
                                              Gardendale city.          
                                              Graysville city.          
                                              Helena city.              
                                              Homewood city.            
                                              Hoover city.              
                                              Hueytown city.            
                                              Huntsville city.*         
                                              Indian Springs.           
                                              Irondale city.            
                                              Leeds city.               
                                              Lipscomb city.            
                                              Madison city.             
                                              Maytown town.             
                                              Midfield city.            
                                              Mobile city.*             
                                              Montgomery city.*         
                                              Moody town.               
                                              Mountain Brook city.      
                                              Mulga town.               
                                              Pelham city.              
                                              Pleasant Grove city.      
                                              Prichard city.            
                                              Saraland city.            
                                              Satsuma city.             
                                              Tarrant city.             
                                              Trussville city.          
                                              Vestavia Hills city.      
Arkansas....................................  Little Rock city.*        
Arizona.....................................  Glendale city.    
                                              Mesa city.*               
                                              Phoenix city.*            
                                              Scottsdale city.  
                                              Tempe city.*              
                                              Tucson city.*             
California..................................  Agoura Hills city.        
                                              Alameda city.             
                                              Albany city.              
                                              Alhambra city.            
                                              Anaheim city.*            
                                              Arcadia city.             
                                              Artesia city.             
                                              Atherton town.            
                                              Azusa city.               
                                              Bakersfield city.*        
                                              Baldwin Park city.        
                                              Bell city.                
                                              Bellflower city.          
                                              Bell Gardens city.        
                                              Belmont city.             
                                              Berkeley city.*           
                                              Beverly Hills city.       
                                              Big Bear Lake city.       
                                              Bradbury city.            
                                              Brentwood city.           
                                              Brisbane city.            
                                              Burbank city.             
                                              Burlingame city.          
                                              Camarillo city.           
                                              Campbell city.            
                                              Carlsbad city.            
                                              Carson city.              
                                              Cerritos city.            
                                              Chula Vista city.         
                                              Claremont city.           
                                              Clayton city.             
                                              Colma town.               
                                              Commerce city.            
                                              Compton city.             
                                              Concord city.             
                                              Contra Costa county (15   
                                               cities).                 
                                              Coronado city.            
                                              Covina city.              
                                              Cudahy city.              
                                              Culver City city.         
                                              Cupertino city.           
                                              Daly City city.           
                                              Del Mar city.             
                                              Diamond Bar city.         
                                              Downey city.              
                                              Duarte city.              
                                              Dublin city.              
                                              East Palo Alto city.      
                                              El Cajon city.            
                                              El Monte city.            
                                              El Segundo city.          
                                              Emeryville city.          
                                              Encinitas city.           
                                              Escondido city.           
                                              Fairfield city.           
                                              Fillmore city.            
                                              Folsom city.              
                                              Foster City city.         
                                              Fremont city.*            
                                              Fresno city.*             
                                              Fullerton city.*          
                                              Galt city.                
                                              Gardena city.             
                                              Garden Grove city.*       
                                              Gilroy city.              
                                              Glendale city.*           
                                              Glendora city.            
                                              Half Moon Bay city.       
                                              Hawaiian Gardens city.    
                                              Hawthorne city.           
                                              Hayward city.     
                                              Hermosa Beach city.       
                                              Hidden Hills city.        
                                              Hillsborough town.        
                                              Huntington Beach city.*   
                                              Huntington Park city.     
                                              Imperial Beach city.      
                                              Industry city.            
                                              Inglewood city.   
                                              Irvine city.      
                                              Irwindale city.           
                                               La Canada Flintridge     
                                               city.                    
                                              Laguna Beach city.        
                                              Lake Tahoe Basin          
                                                (1 city)                
                                              Lakewood city.            
                                              La Mesa city.             
                                              La Mirada city.           
                                              La Palma city.            
                                              La Puente city.           
                                              La Verne city.            
                                              Lawndale city.            
                                              Lemon Grove city.         
                                              Livermore city.           
                                              Lomita city.              
                                              Long Beach city.*         
                                              Los Alamitos city.        
                                              Los Altos city.           
                                              Los Altos Hills town.     
                                              Los Angeles city.*        
                                              Los Gatos town.           
                                              Lynwood city.             
                                              Manhattan Beach city.     
                                              Maywood city.             
                                              Menlo Park city.          
                                              Millbrae city.            
                                              Milpitas city.            
                                              Modesto city.*            
                                              Monrovia city.            
                                              Montebello city.          
                                              Monterey Park city.       
                                              Monte Sereno city.        
                                              Moorpark city.            
                                              Moreno Valley             
                                               city.            
                                              Mountain View city.       
                                              National City city.       
                                              Newark city.              
                                              Norwalk city.             
                                              Oakland city.*            
                                              Oceanside city.   
                                              Ojai city.                
                                              Ontario city.     
                                              Orange city.      
                                              Orange county             
                                                (17 cities).            
                                              Oxnard city.*             
                                              Pacifica city.            
                                              Palo Alto city.           
                                              Palos Verdes Estates city.
                                              Paramount city.           
                                              Pasadena city.*           
                                              Pico Rivera city.         
                                              Piedmont city.            
                                              Pleasanton city.          
                                              Pomona city.      
                                              Port Hueneme city.        
                                              Poway city.               
                                              Rancho Cucamonga          
                                               city.            
                                              Rancho Palos Verdes city. 
                                              Redondo Beach city.       
                                              Redwood City city.        
                                              Riverside city.*          
                                              Riverside county          
                                                (10 cities).            
                                              Rolling Hills city.       
                                              Rolling Hills Estates     
                                               city.                    
                                              Rosemead city.            
                                              Sacramento city.*         
                                              Salinas city.     

[[Page 51270]]
                                                                        
                                              San Bernardino city.*     
                                              San Bernardino            
                                                county (13 cities).     
                                              San Bruno city.           
                                              San Carlos city.          
                                              San Diego city.*          
                                              San Dimas city.           
                                              San Fernando city.        
                                              San Gabriel city.         
                                              San Jose city.*           
                                              San Leandro city.         
                                              San Marcos city.          
                                              San Marino city.          
                                              San Mateo city.           
                                              Santa Ana city.*          
                                              Santa Clara.              
                                              Santa Clarita             
                                               city.            
                                              Santa Fe Springs city.    
                                              Santa Monica city.        
                                              Santa Paula city.         
                                              Santa Rosa city.  
                                              Santee city.              
                                              Saratoga city.            
                                              Seal Beach city.          
                                              Sierra Madre city.        
                                              Signal Hill city.         
                                              Simi Valley city. 
                                              Solana Beach city.        
                                              South El Monte city.      
                                              South Gate city.          
                                              South Pasadena city.      
                                              South San Francisco city. 
                                              Stockton city.*           
                                              Suisun City city.         
                                              Sunnyvale city.*          
                                              Temple City city.         
                                              Thousand Oaks             
                                               city.            
                                              Torrance city.*           
                                              Union City city.          
                                              Vallejo city.     
                                              Vernon city.              
                                              Vista city.               
                                              Walnut city.              
                                              West Covina city.         
                                              West Hollywood city.      
                                              Westlake Village city.    
                                              Whittier city.            
                                              Woodside town.            
Colorado....................................  Aurora city.*             
                                              Colorado Springs city.*   
                                              Denver city.*             
                                              Englewood city.           
                                              Lakewood city.*           
                                              Pueblo city.              
Connecticut.................................  Stamford city.*           
District of Columbia........................  Washington city.*         
Delaware....................................  Arden village.            
                                              Ardencroft village.       
                                              Ardentown village.        
                                              Bellefonte town.          
                                              Delaware City city.       
                                              Elsmere town.             
                                              Middletown town.          
                                              Newark city.              
                                              New Castle city.          
                                              Newport town.             
                                              Odessa town.              
                                              Townsend town.            
                                              Wilmington city.          
Florida.....................................  Apopka city.              
                                              Atlantic Beach city.      
                                              Atlantis city.            
                                              Auburndale city.          
                                              Bal Harbour village.      
                                              Bartow city.              
                                              Bay Harbor Islands town.  
                                              Bay Lake city.            
                                              Belleair town.            
                                              Belleair Beach city.      
                                              Belleair Bluffs city.     
                                              Belle Glade city.         
                                              Belle Isle city.          
                                              Boca Raton city.          
                                              Boynton Beach city.       
                                              Briny Breezes town.       
                                              Century town.             
                                              Clearwater city.          
                                              Cloud Lake town.          
                                              Coconut Creek city.       
                                              Cooper City city.         
                                              Coral Gables city.        
                                              Coral Springs city.       
                                              Dania city.               
                                              Davenport city.           
                                              Davie town.               
                                              Deerfield Beach city.     
                                              Delray Beach city.        
                                              Dundee town.              
                                              Dunedin city.             
                                              Eagle Lake city.          
                                              Eatonville town.          
                                              Edgewood city.            
                                              Fort Lauderdale city.*    
                                              Fort Meade city.          
Florida.....................................  Frostproof city           
                                              Glen Ridge town.          
                                              Golden Beach town.        
                                              Golf village.             
                                              Golfview town.            
                                              Greenacres City city.     
                                              Gulfport city.            
                                              Gulf Stream town.         
                                              Haines City city.         
                                              Hallandale city.          
                                              Haverhill town.           
                                              Hialeah city.*            
                                              Hialeah Gardens city.     
                                              Highland Beach town.      
                                              Highland Park village.    
                                              Hillcrest Heights town.   
                                              Hollywood city.*          
                                              Homestead city.           
                                              Hypoluxo town.            
                                              Indian Creek village.     
                                              Indian Rocks Beach city.  
                                              Jacksonville Beach city.  
                                              Jacksonville city.*       
                                              Juno Beach town.          
                                              Jupiter town.             
                                              Jupiter Inlet Colony town.
                                              Key Biscayne village.     
                                              Kenneth City town.        
                                              Lake Alfred city.         
                                              Lake Buena Vista city.    
                                              Lake Clarke Shores town.  
                                              Lake Hamilton town.       
                                              Lakeland city.            
                                              Lake Park town.           
                                              Lake Wales city.          
                                              Lake Worth city.          
                                              Lantana town.             
                                              Largo city.               
                                              Lauderdale-by-the-Sea     
                                               town.                    
                                              Lauderdale Lakes city.    
                                              Lauderhill city.          
                                              Lighthouse Point city.    
                                              Longboat Key town.        
                                              Madeira Beach city.       
                                              Maitland city.            
                                              Manalapan town.           
                                              Mangonia Park town.       
                                              Margate city.             
                                              Medley town.              
                                              Miami city.*              
                                              Miami Beach city.         
                                              Miami Shores village.     
                                              Miami Springs city.       
                                              Miramar city.             
                                              Mulberry city.            
                                              Neptune Beach city.       
                                              North Bay Village city.   
                                              North Lauderdale city.    
                                              North Miami city.         
                                              North Miami Beach city.   
                                              North Palm Beach village. 
                                              North Port city.          
                                              North Redington Beach     
                                               town.                    
                                              Oakland Park city.        
                                              Ocean Ridge town.         
                                              Ocoee city.               
                                              Oldsmar city.             
                                              Opa-locka city.           
                                              Orlando city.*            
                                              Pahokee city.             
                                              Palm Beach town.          
                                              Palm Beach Gardens city.  
                                              Palm Beach Shores town.   
                                              Palm Springs village.     
                                              Parkland city.            
                                              Pembroke Park town.       
                                              Pembroke Pines city.      
                                              Pennsuee                  
                                              Pensacola city.           
                                              Pinellas Park city.       
                                              Plantation city.          
                                              Plant City city.          
                                              Polk City town.           
                                              Pompano Beach city.       
                                              Redington Beach town.     

[[Page 51271]]
                                                                        
                                              Redington Shores town.    
                                              Riviera Beach city.       
                                              Royal Palm Beach village. 
                                              Safety Harbor city.       
                                              St. Petersburg Beach city.
                                              St. Petersburg city.*     
                                              Sarasota city.            
                                              Sea Ranch Lakes village.  
                                              Seminole city.            
                                              South Bay city.           
                                              South Miami city.         
                                              South Palm Beach town.    
                                              South Pasadena city.      
                                              Sunrise city.             
                                              Surfside town.            
                                              Sweetwater city.          
                                              Tallahassee city. 
                                              Tamarac city.             
                                              Tampa city.*              
                                              Tarpon Springs city.      
                                              Temple Terrace city.      
                                              Tequesta village.         
                                              Treasure Island city.     
                                              Venice city.              
                                              West Miami city.          
                                              West Palm Beach city.     
                                              Wilton Manors city.       
                                              Winter Garden city.       
                                              Winter Haven city.        
                                              Winter Park city.         
Georgia.....................................  Acworth city.             
                                              Alpharetta city.          
                                              Atlanta city.*            
                                              Austell city.             
                                              Bloomingdale city.        
                                              Buford city.              
                                              Chamblee city.            
                                              Clarkston city.           
                                              College Park city.        
                                              Columbus city.*           
                                              Decatur city.             
                                              Doraville city.           
                                              Duluth city.              
                                              East Point city.          
                                              Fairburn city.            
                                              Forest Park city.         
                                              Garden City city.         
                                              Hapeville city.           
                                              Jonesboro city.           
                                              Kennesaw city.            
                                              Lawrenceville city.       
                                              Lilburn city.             
                                              Lithonia city.            
                                              Macon city.*              
                                              Marietta city.            
                                              Morrow city.              
                                              Norcross city.            
                                              Palmetto city.            
                                              Payne city.               
                                              Pooler city.              
                                              Powder Springs city.      
                                              Riverdale city.           
                                              Roswell city.             
                                              Savannah city.*           
                                              Smyrna city.              
                                              Snellville city           
                                              Stone Mountain city.      
                                              Sugar Hill city.          
                                              Suwanee city.             
                                              Thunderbolt town.         
                                              Union City city.          
Iowa........................................  Cedar Rapids city.*       
                                              Davenport city.           
                                              Des Moines city.*         
Idaho.......................................  Boise City city.*         
                                              Garden City city.         
Illinois....................................  Rockford city.*           
                                              Springfield city. 
Indiana.....................................  Fort Wayne city.*         
                                              Indianapolis city.*       
Kansas......................................  Kansas City city.*        
                                              Overland Park             
                                               city.            
                                              Topeka city.*             
                                              Wichita city.*            
Kentucky....................................  Lexington-Fayette.*       
                                              Louisville city.*         
Louisiana...................................  Baton Rouge city.*        
                                              New Orleans city.*        
                                              Shreveport city.*         
Massachusetts...............................  Boston city.*             
                                              Worcester city.*          
Maryland....................................  Baltimore city.*          
Michigan....................................  Ann Arbor city.*          
                                              Flint city.*              
                                              Grand Rapids city.*       
                                              Sterling Heights city.*   
                                              Warren city.*             
Minnesota...................................  Minneapolis city.*        
                                              St. Louis Park city.      
                                              St. Paul city.*           
Missouri....................................  Independence city.*       
                                              Kansas City city.*        
                                              Springfield city.*        
Mississippi.................................  Jackson city.*            
Nebraska....................................  Lincoln city.*            
                                              Omaha city.*              
New Mexico..................................  Albuquerque city.*        
Nevada......................................  Henderson city.           
                                              Las Vegas city.*          
                                              North Las Vegas city.     
                                              Reno city.*               
                                              Sparks city.              
New York....................................  New York city.*           
                                              (Bronx Borough).          
                                              (Brooklyn Borough).       
                                              (Manhattan Borough).      
                                              (Queens Borough).         
                                              (Staten Island Borough).  
North Carolina..............................  Charlotte city.*          
                                              Durham city.*             
                                              Fayetteville city.        
                                              Greensboro city.*         
                                              Raleigh city.*            
                                              Winston-Salem city.*      
Ohio........................................  Akron city.*              
                                              Cincinnati city.*         
                                              Cleveland city.*          
                                              Columbus city.*           
                                              Dayton city.*             
                                              Toledo city.*             
Oklahoma....................................  Oklahoma City city.*      
                                              Tulsa city.*              
Oregon......................................  Banks city.               
                                              Barlow city.              
                                              Beaverton city.           
                                              Canby city.               
                                              Cornelius city.           
                                              Durham city.              
                                              Estacada city.            
                                              Eugene city.*             
                                              Fairview city.            
                                              Forest Grove city.        
                                              Gaston city.              
                                              Gladstone city.           
                                              Gresham city.             
                                              Happy Valley city.        
                                              Hillsboro city.           
                                              Johnson City city.        
                                              King City city.           
                                              Lake Oswego city.         
                                              Milwaukie city.           
                                              Molalla city.             
                                              North Plains city.        
                                              Oregon City city.         
                                              Portland city.*           
                                              Rivergrove city.          
                                              Salem city.       
                                              Sandy city.               
                                              Sherwood city.            
                                              Tigard city               
                                              Tualatin city.            
                                              West Linn city.           
                                              Wilsonville city.         
Pennsylvania................................  Allentown city.*          
                                              Philadelphia city.*       
South Dakota................................  Sioux Falls City.         
Tennessee...................................  Bartlett town.            
                                              Belle Meade city.         
                                              Berry Hill city.          
                                              Chattanooga city.*        
                                              Collierville town.        
                                              East Ridge city.          
                                              Forest Hills city.        
                                              Germantown city.          
                                              Goodlettsville city.      
                                              Knoxville city.*          
                                              Lakewood city.            
                                              Memphis city.*            
                                              Nashville-Davidson.*      
                                              Oak Hill city.            
                                              Red Bank city.            
                                              Ridgetop town.            
Texas.......................................  Abilene city.     
                                              Amarillo city.*           
                                              Arlington city.*          
                                              Austin city.*             
                                              Beaumont city.*           
                                              Corpus Christi city.*     
                                              Dallas city.*             
                                              El Paso city.*            
                                              Fort Worth city.*         
                                              Garland city.*            
                                              Houston city.*            
                                              Irving city.*             
                                              Laredo city.      
                                              Lubbock city.*            
                                              Mesquite city.    

[[Page 51272]]
                                                                        
                                              Pasadena city.*           
                                              Plano city.       
                                              San Antonio city.*        
                                              Waco city.*               
Utah........................................  Salt Lake City city.*     
Virginia....................................  Chesapeake city.*         
                                              Hampton city.*            
                                              Newport News city.*       
                                              Norfolk city.*            
                                              Portsmouth city.*         
                                              Richmond city.*           
                                              Roanoke city.             
                                              Virginia Beach city.*     
Washington..................................  Seattle city.*            
                                              Tacoma city.*             
Wisconsin...................................  Madison city.*            
                                              Milwaukee city.*          
------------------------------------------------------------------------
Note: Unless indicated otherwise, municipalities have been designated.  
                                                                        
* Identified in November 1990 rule.                                     
 1990 Census population increased to over 100,000.              



      Partial List of Large, Medium, and Designated Municipalities      
                               [Counties]                               
------------------------------------------------------------------------
                    State                               County          
------------------------------------------------------------------------
Alabama.....................................  Baldwin county.\1\        
                                              Jefferson county.\6\      
                                              Mobile county.\7\         
                                              Shelby county.\8\         
                                              St. Clair county.\9\      
Arizona.....................................  Pima County.*             
California..................................  Alameda County.*          
                                              Contra Costa County.*     
                                              Kern County.*             
                                              Lake Tahoe Basin.*        
                                              (2 counties).             
                                              Los Angeles County.*      
                                              Orange County.*           
                                              Riverside County.*        
                                              Sacramento County.        
                                              San Bernardino County.*   
                                              San Diego County.*        
                                              San Mateo County.         
                                              Santa Clara County.       
                                              Ventura County.           
Colorado....................................  Arapahoe County.  
Delaware....................................  New Castle County.*       
Florida.....................................  Broward County.*          
                                              Dade County.*             
                                              Escambia County.*         
                                              Hillsborough County.*     
                                              Lee County.       
                                              Manatee County.   
                                              Orange County.*           
                                              Palm Beach County.*       
                                              Pasco County.     
                                              Pinellas County.*         
                                              Polk County.*             
                                              Sarasota County.*         
                                              Seminole County.  
Georgia.....................................  Bibb County.              
                                              Chatham County.           
                                              Clayton County.*          
                                              Cobb County.*             
                                              DeKalb County.*           
                                              Fulton County.    
                                              Gwinnett County.  
                                              Muscogee County.          
                                              Richmond County.*         
Hawaii......................................  Honolulu County.*         
Kentucky....................................  Jefferson County.         
Louisiana...................................  East Baton Rouge          
                                               Parish.          
                                              Jefferson Parish.*        
Maryland....................................  Anne Arundel County.*     
                                              Baltimore County.*        
                                              Carroll County.           
                                              Charles County.           
                                              Frederick County.         
                                              Harford County.           
                                              Howard County.    
                                              Montgomery County.*       
                                              Prince George's County.*  
                                              Washington County.        
North Carolina..............................  Cumberland County.*       
Nevada......................................  Clark County.*            
                                              Washoe County.            
Oregon......................................  Clackamas County.         
                                              Multnomah County.         
                                              Washington County.*       
South Carolina..............................  Greenville County.*       
                                              Richland County.*         
Texas.......................................  Harris County.*           
Utah........................................  Salt Lake County.*        
Virginia....................................  Arlington County.*        
                                              Chesterfield County.*     
                                              Fairfax County.*          
                                              Henrico County.*          
                                              Prince William            
                                               County.          
Washington..................................  Clark County.     
                                              King County.*             
                                              Pierce County.*           
                                              Snohomish County.*        
                                              Spokane County.   
------------------------------------------------------------------------
\6\ County was listed in regulation; however, population dropped below  
  100,000 in 1990 census.                                               
\7\ Unincorporated areas defined as: beginning at the mouth of the South
  Fork Deer River and extending west to SW corner Section 18, Township 6
  South, Range 2 West, thence north to NW corner, Section 6, Township 2 
  South, Range 2 West, thence east to the Mobile County line, thence    
  south along the county line to U.S. Highway 90 bridge.                
\8\ All unincorporated areas of Shelby County within the drainage basin 
  of the Cahaba River upstream of the confluence of Shoal Creek and the 
  Cahaba River.                                                         
\9\ Unincorporated areas of St. Clair County within the drainage basin  
  of the Cahaba River.                                                  
*  Identified in November 1990 rule.                                    
  1990 Census unincorporated, urbanized population increased to 
  more than 100,000.                                                    


         Partial List of Large, Medium, and Designated Municipalities [Boundaries Not Defined by Census]        
----------------------------------------------------------------------------------------------------------------
                  State                                    Municipal separate storm sewer system                
----------------------------------------------------------------------------------------------------------------
Alaska..................................  DOT.1                                                                 
                                          University of Alaska.                                                 
Alabama.................................  Highway Department.                                                   
Arizona.................................  DOT.                                                                  
California..............................  Alameda County Flood Control District.                                
                                          Zone 7 of the Alameda County.                                         
                                          Flood Control District.                                               
                                          DOT.                                                                  
                                          Coachella Valley Area.                                                
                                          Contra Costa County Flood Control District.                           
                                          Orange County Flood Control District.                                 
                                          Riverside Flood Control District.                                     
                                          San Bernardino Flood Control District.                                
                                          San Diego Unified Port District.                                      
                                          Santa Clara Valley Water District.                                    
Colorado................................  DOT.                                                                  
                                          Highway Department.                                                   
Delaware................................  DOT.                                                                  
Florida.................................  DOT.                                                                  

[[Page 51273]]
                                                                                                                
                                          Urban Water Control Districts.                                        
Hawaii..................................  DOT.                                                                  
Idaho...................................  DOT.                                                                  
Illinois................................  DOT.                                                                  
Indiana.................................  DOT.                                                                  
Kansas..................................  Fairfax Drainage District.                                            
                                          Kaw Valley Drainage District.                                         
Louisiana...............................  DOT.                                                                  
Maryland................................  State Highway Administration.                                         
Michigan................................  University of Michigan.                                               
                                          DOT.                                                                  
Minnesota...............................  DOT.                                                                  
North Carolina..........................  DOT.                                                                  
Nevada..................................  Clark County Flood Control District.                                  
                                          DOT.                                                                  
New Mexico..............................  Albuquerque Metropolitan Flood Control Authority.                     
                                          DOT.                                                                  
Ohio....................................  DOT.                                                                  
Oklahoma................................  DOT.                                                                  
Oregon..................................  DOT.                                                                  
                                          Port of Portland.                                                     
Pennsylvania............................  DOT.                                                                  
South Carolina..........................  Harbor of Charleston.                                                 
Tennessee...............................  DOT.                                                                  
Texas...................................  Harris County Flood Control District.                                 
                                          DOT.                                                                  
Utah....................................  DOT.                                                                  
Wisconsin...............................  DOT.                                                                  
                                          University of Wisconsin.                                              
----------------------------------------------------------------------------------------------------------------
1 Department of Transportation.                                                                                 



Addendum E--Basic Format for Environmental Assessment

    This is the basic format for the Environmental Assessment prepared 
by EPA from the review of the applicant's Environmental Information 
Document (EID) required for new source NPDES permits. Comprehensive 
information should be provided for those items or issues that are 
affected; the greater the impact, the more detailed information needed. 
The EID should contain a brief statement addressing each item listed 
below, even if the item is not applicable. The statement should at 
least explain why the item is not applicable.

A. General Information
    1. Name of applicant
    2. Type of facility
    3. Location of facility
    4. Product manufactured
B. Description Summaries
    1. Describe the proposed facility and construction activity
    2. Describe all ancillary construction not directly involved with 
the production processes
    3. Describe briefly the manufacturing processes and procedures
    4. Describe the plant site, its history, and the general area
C. Environmental Concerns
    1. Historical and Archeological (include a statement from the State 
Historical Preservation Officer)
    2. Wetlands Protection and 100-year Floodplain Management (the Army 
Corps of Engineers must be contacted if any wetland area of floodplain 
is affected)
    3. Agricultural Lands (a prime farmland statement from the Soil 
Conservation Service must be included
    4. Coastal Zone Management and Wild and Scenic Rivers
    5. Endangered Species Protection and Fish and Wildlife Protection 
(a statement from the U.S. Fish and Wildlife Service must be included)
    6. Air, Water, and Land Issues: quality, effects, usage levels, 
municipal services used, discharges and emissions, runoff and 
wastewater control, geology and soils involved, land-use compatibility, 
solid and hazardous waste disposal, natural and man-made hazards 
involved.
    7. Biota concerns: floral, faunal, aquatic resources, inventories, 
and effects
    8. Community Infrastructures available and resulting effects: 
social, economic, health, safety, educational, recreational, housing, 
transportation, and road resources

Basic Environmental Information Document Guidelines for New Source 
Category Industries

I. General Information
    A. Name of Applicant and Proposed Facility:
-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------
    B. Description of Site and Location:
-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------
    C. Description of Project, Product, and Process:
-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

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[[Page 51274]]
                                Addendum F--Section 313 Water Priority Chemicals                                
----------------------------------------------------------------------------------------------------------------
             CAS No.                                                Common name                                 
----------------------------------------------------------------------------------------------------------------
75-07-0..........................  Acetaldehyde.                                                                
107-02-8.........................  Acrolein.                                                                    
107-13-1.........................  Acrylonitrile.                                                               
309-00-2.........................  Aldrin[1,4:5,8-Dimethanonaphthalene, 1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 
                                    5, 8, 8a hexahydro-(1.alpha., 4.alpha., 4a.beta., 5.alpha., 8.alpha.,       
                                    8a.beta.)-].                                                                
107-05-1.........................  Allyl Chloride.                                                              
7429-90-5........................  Aluminum (fume or dust).                                                     
7664-41-7........................  Ammonia.                                                                     
62-53-3..........................  Aniline.                                                                     
120-12-7.........................  Anthracene.                                                                  
7440-36-0........................  Antimony.                                                                    
7647189..........................  Antimony pentachloride.                                                      
28300745.........................  Antimony potassium tartrate.                                                 
7789619..........................  Antimony tribromide.                                                         
10025919.........................  Antimony trichloride.                                                        
7783564..........................  Antimony trifluoride.                                                        
1309644..........................  Antimony trioxide.                                                           
7440-38-2........................  Arsenic.                                                                     
1303328..........................  Arsenic disulfide.                                                           
1303282..........................  Arsenic pentoxide.                                                           
7784341..........................  Arsenic trichloride.                                                         
1327533..........................  Arsenic trioxide.                                                            
1303339..........................  Arsenic trisulfide.                                                          
1332-21-4........................  Asbestos (friable).                                                          
542621...........................  Barium cyanide.                                                              
71-43-2..........................  Benzene.                                                                     
92-87-5..........................  Benzidine.                                                                   
100470...........................  Benzonitrile.                                                                
218019...........................  Benzo(a)phenanthrene.                                                        
50328............................  Benzo(a)pyrene.                                                              
205992...........................  Benzo(b)fluoranthene.                                                        
205823...........................  Benzo(j)fluoranthene.                                                        
207089...........................  Benzo(k)fluoranthene.                                                        
189559...........................  Benzo(rst)pentaphene.                                                        
56553............................  Benzo(a)anthracene.                                                          
100-44-7.........................  Benzyl chloride.                                                             
7440-41-7........................  Beryllium.                                                                   
7787475..........................  Beryllium chloride.                                                          
7787497..........................  Beryllium fluoride.                                                          
7787555..........................  Beryllium nitrate.                                                           
111-44-4.........................  Bis(2-chloroethyl) ether.                                                    
75-25-2..........................  Bromoform.                                                                   
74-83-9..........................  Bromomethane (Methyl bromide).                                               
85-68-7..........................  Butyl benzyl phthalate.                                                      
7440-43-9........................  Cadmium.                                                                     
543908...........................  Cadmium acetate.                                                             
7789426..........................  Cadmium bromide.                                                             
10108642.........................  Cadmium chloride.                                                            
7778441..........................  Calcium arsenate.                                                            
52740166.........................  Calcium arsenite.                                                            
13765190.........................  Calcium chromate.                                                            
592018...........................  Calcium cyanide.                                                             
133-06-2.........................  Captan [1H-Isoindole-1,3(2H)-dione,3a,4,7,7a-tetrahydro-2-                   
                                    [(trichloromethyl)thio]-].                                                  
63-25-2..........................  Carbaryl [1-Naphthalenol, methylcarbamate].                                  
75-15-0..........................  Carbon disulfide.                                                            
1563662..........................  Carbofuran.                                                                  
56-23-5..........................  Carbon tetrachloride.                                                        
57-74-9..........................  Chlordane [4,7-Methanoindan,1,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a-       
                                    hexahydro-].                                                                
7782-50-5........................  Chlorine.                                                                    
59-50-7..........................  4-Chloro 3-methyl phenol.                                                    
                                   p-Chloro-m-cresol.                                                           
108-90-7.........................  Chlorobenzene.                                                               
75-00-3..........................  Chloroethane (Ethyl chloride).                                               
67-66-3..........................  Chloroform.                                                                  
74-87-3..........................  Chloromethane (Methyl chloride).                                             
95-57-8..........................  2-Chlorophenol.                                                              
106-48-9.........................  4-Chlorophenol.                                                              
75729............................  Chlorotrifluoromethane.                                                      
1066304..........................  Chromic acetate.                                                             
11115745.........................  Chromic acid.                                                                
10101538.........................  Chromic sulfate.                                                             
7440-47-3........................  Chromium.                                                                    

[[Page 51275]]
                                                                                                                
1308-14-1........................  Chromium (Tri).                                                              
10049055.........................  Chromous chloride.                                                           
7789437..........................  Cobaltous bromide.                                                           
544183...........................  Cobaltous formate.                                                           
14017415.........................  Cobaltous sulfamate.                                                         
7440-50-8........................  Copper.                                                                      
108-39-4.........................  m-Cresol.                                                                    
9548-7...........................  o-Cresol.                                                                    
106-44-5.........................  p-Cresol.                                                                    
4170303..........................  Crotonaldehyde.                                                              
1319-77-3........................  Cresol (mixed isomers).                                                      
142712...........................  Cupric acetate.                                                              
12002038.........................  Cupric acetoarsenite.                                                        
7447394..........................  Cupric chloride.                                                             
3251238..........................  Cupric nitrate.                                                              
5893663..........................  Cupric oxalate.                                                              
7758987..........................  Cupric sulfate.                                                              
10380297.........................  Cupric sulfate, ammoniated.                                                  
815827...........................  Cupric tartrate.                                                             
57-12-5..........................  Cyanide.                                                                     
506774...........................  Cyanogen chloride.                                                           
333415...........................  Diazinon.                                                                    
94-75-7..........................  2,4-D [Acetic acid, (2,4-dichlorophenoxy)-].                                 
226368...........................  Dibenz(a,h)acridine.                                                         
224420...........................  Dibenz(a,j)acridene.                                                         
5385751..........................  Dibenzo(a,e)fluoranthene.                                                    
192654...........................  Dibenzo(a,e)pyrene.                                                          
53703............................  Dibenzo(a,h)anthracene.                                                      
189640...........................  Dibenzo(a,l)pyrene.                                                          
191300...........................  Dibenzo(a,h)pyrene.                                                          
194592...........................  7,H-Dibenzo(c,g)carbazole.                                                   
106-93-4.........................  1,2-Dibromoethane (Ethylene dibromide).                                      
84-74-2..........................  Dibutyl phthalate.                                                           
1929733..........................  2,4 D Butoxyethyl ester.                                                     
94804............................  2,4 D Butyl ester.                                                           
2971382..........................  2,4 D Chlorocrotyl ester.                                                    
1918009..........................  Dicamba.                                                                     
95-50-1..........................  1,2-Dichlorobenzene.                                                         
541-73-1.........................  1,3-Dichlorobenzene.                                                         
106-46-7.........................  1,4-Dichlorobenzene.                                                         
91-94-1..........................  3,3'-Dichlorobenzidine.                                                      
75-27-4..........................  Dichlorobromomethane.                                                        
107-06-2.........................  1,2-Dichloroethane (Ethylene dichloride).                                    
75434............................  Dichlorofluoromethane.                                                       
540-59-0.........................  1,2-Dichloroethylene.                                                        
120-83-2.........................  2,4-Dichlorophenol.                                                          
78-87-5..........................  1,2-Dichloropropane.                                                         
10061026.........................  trans-1,3-Dichloropropene.                                                   
542-75-6.........................  1,3-Dichloropropylene.                                                       
62-73-7..........................  Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester].            
115-32-2.........................  Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-chlorophenyl)-.alpha.-         
                                    (trichloromethyl)-].                                                        
177-81-7.........................  Di-(2-ethylhexyl) phthalate (DEHP).                                          
84-66-2..........................  Diethyl phthalate.                                                           
124403...........................  Dimethylamine.                                                               
57976............................  7,12-Dimethylbenz(a)anthracene.                                              
105-67-9.........................  2,4-Dimethylphenol.                                                          
131-11-3.........................  Dimethyl phthalate.                                                          
534-52-1.........................  4,6-Dinitro-o-cresol.                                                        
51-28-5..........................  2,4-Dinitrophenol.                                                           
121-14-2.........................  2,4-Dinitrotoluene.                                                          
606-20-2.........................  2,6-Dinitrotoluene.                                                          
117-84-0.........................  n-Dioctyl phthalate.                                                         
122-66-7.........................  1,2-Diphenylhydrazine (Hydrazobenzene).                                      
94111............................  2,4-D Isopropyl ester.                                                       
106-89-8.........................  Epichlorohydrin.                                                             
1320189..........................  2,4-D Propylene glycol butyl ether ester.                                    
330541...........................  Diuron.                                                                      
100-41-4.........................  Ethylbenzene.                                                                
106934...........................  Ethylene dibromide.                                                          
50-00-0..........................  Formaldehyde.                                                                
76-44-8..........................  Heptachlor [1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-1H-   
                                    indene].                                                                    
118-74-1.........................  Hexachlorobenzene.                                                           

[[Page 51276]]
                                                                                                                
319846...........................  alpha-Hexachlorocyclohexane.                                                 
87-68-3..........................  Hexachloro-1,3-butadiene.                                                    
77-47-4..........................  Hexachlorocyclopentadiene.                                                   
67-72-1..........................  Hexachloroethane.                                                            
7647-01-0........................  Hydrochloric acid.                                                           
74-90-8..........................  Hydrogen cyanide.                                                            
7664-39-3........................  Hydrogen fluoride.                                                           
193395...........................  Indeno[1,2,3-cd]pyrene.                                                      
7439-92-1........................  Lead.                                                                        
301042...........................  Lead acetate.                                                                
7784409..........................  Lead arsenate.                                                               
7645252..........................      Do.                                                                      
10102484.........................      Do.                                                                      
7758954..........................  Lead chloride.                                                               
13814965.........................  Lead fluoborate.                                                             
7783462..........................  Lead fluoride.                                                               
10101630.........................  Lead iodide.                                                                 
10099748.........................  Lead nitrate.                                                                
7428480..........................  Lead stearate.                                                               
1072351..........................      Do.                                                                      
52652592.........................      Do.                                                                      
7446142..........................  Lead sulfate.                                                                
1314870..........................  Lead sulfide.                                                                
592870...........................  Lead thiocyanate.                                                            
58-89-9..........................  Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-                                
                                    (1.alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-].                             
14307258.........................  Lithium chromate.                                                            
121755...........................  Malathion.                                                                   
108-31-6.........................  Maleic anhydride.                                                            
592041...........................  Mercuric cyanide.                                                            
10045940.........................  Mercuric nitrate.                                                            
7783359..........................  Mercuric sulfate.                                                            
592858...........................  Mercuric thiocyanate.                                                        
7782867..........................  Mercurous nitrate.                                                           
7439-97-6........................  Mercury.                                                                     
72-43-5..........................  Methoxychlor [Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-].      
80-62-6..........................  Methyl methacrylate.                                                         
75865............................  2-Methyllactonitrile.                                                        
3697243..........................  5-Methylchrysene.                                                            
298000...........................  Methyl parathion.                                                            
7786347..........................  Mevinphos.                                                                   
300765...........................  Naled.                                                                       
91-20-3..........................  Naphthalene.                                                                 
7440-02-0........................  Nickel.                                                                      
15699180.........................  Nickel ammonium sulfate.                                                     
37211055.........................  Nickel chloride.                                                             
7718549..........................      Do.                                                                      
12054487.........................  Nickel hydroxide.                                                            
14216752.........................  Nickel nitrate.                                                              
7786814..........................  Nickel sulfate.                                                              
7697-37-2........................  Nitric acid.                                                                 
98-95-3..........................  Nitrobenzene.                                                                
88-75-5..........................  2-Nitrophenol.                                                               
100-02-7.........................  4-Nitrophenol.                                                               
5522430..........................  1-Nitropyrene.                                                               
62-75-9..........................  N-Nitrosodimethylamine.                                                      
86-30-6..........................  N-Nitrosodiphenylamine.                                                      
621-64-7.........................  N-Nitrosodi-n-propylamine.                                                   
56-38-2..........................  Parathion [Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester].       
87-86-5..........................  Pentachlorophenol (PCP).                                                     
85018............................  Phenanthrene.                                                                
108-95-2.........................  Phenol.                                                                      
7664-38-2........................  Phosphoric acid.                                                             
7723-14-0........................  Phosphorus (yellow or white).                                                
1336-36-3........................  Polychlorinated biphenyls (PCBs).                                            
7784410..........................  Potassium arsenate.                                                          
10124502.........................  Potassium arsenite.                                                          
7778509..........................  Potassium bichromate.                                                        
7789006..........................  Potassium chromate.                                                          
151508...........................  Potassium cyanide.                                                           
2312358..........................  Propargite.                                                                  
75-56-9..........................  Propylene oxide.                                                             
91-22-5..........................  Quinoline.                                                                   

[[Page 51277]]
                                                                                                                
7782-49-2........................  Selenium.                                                                    
7446084..........................  Selenium oxide.                                                              
7440-22-4........................  Silver.                                                                      
7761888..........................  Silver nitrate.                                                              
7631892..........................  Sodium arsenate.                                                             
7784465..........................  Sodium arsenite.                                                             
10588019.........................  Sodium bichromate.                                                           
7775113..........................  Sodium chromate.                                                             
143339...........................  Sodium cyanide.                                                              
7632000..........................  Sodium nitrite.                                                              
10102188.........................  Sodium selenite.                                                             
7782823..........................      Do.                                                                      
7789062..........................  Strontium chromate.                                                          
NA...............................  Strychnine and salts.                                                        
100-42-5.........................  Styrene.                                                                     
7664-93-9........................  Sulfuric acid.                                                               
79-34-5..........................  1,1,2,2-Tetrachloroethane.                                                   
127-18-4.........................  Tetrachloroethylene (Perchloroethylene).                                     
935-95-5.........................  2,3,5,6-Tetrachlorophenol.                                                   
78002............................  Tetraethyl lead.                                                             
7440-28-0........................  Thallium.                                                                    
10031591.........................  Thallium sulfate.                                                            
108-88-3.........................  Toluene.                                                                     
8001-35-2........................  Toxaphene.                                                                   
52-68-6..........................  Trichlorfon [Phosphonic acid, (2,2,2-trichloro-1-hydroxyethyl)-              
                                    dimethylester].                                                             
120-82-1.........................  1,2,4-Trichlorobenzene.                                                      
71-55-6..........................  1,1,1-Trichloroethane (Methyl chloroform).                                   
79-00-5..........................  1,1,2-Trichloroethane.                                                       
79-01-6..........................  Trichloroethylene.                                                           
95-95-4..........................  2,4,5-Trichlorophenol.                                                       
88-06-2..........................  2,4,6-Trichlorophenol.                                                       
121448...........................  Triethylamine.                                                               
7440-62-2........................  Vanadium (fume or dust).                                                     
108-05-4.........................  Vinyl acetate.                                                               
75-01-4..........................  Vinyl chloride.                                                              
75-35-4..........................  Vinylidene chloride.                                                         
108-38-3.........................  m-Xylene.                                                                    
95-47-6..........................  o-Xylene.                                                                    
106-42-3.........................  p-Xylene.                                                                    
1330-20-7........................  Xylene (mixed isomers).                                                      
7440-66-6........................  Zinc (fume or dust).                                                         
557346...........................  Zinc acetate.                                                                
14639975.........................  Zinc ammonium chloride.                                                      
14639986.........................      Do.                                                                      
52628258.........................      Do.                                                                      
1332076..........................  Zinc borate.                                                                 
7699458..........................  Zinc bromide.                                                                
3486359..........................  Zinc carbonate.                                                              
7646857..........................  Zinc chloride.                                                               
557211...........................  Zinc cyanide.                                                                
7783495..........................  Zinc fluoride.                                                               
557415...........................  Zinc formate.                                                                
7779864..........................  Zinc hydrosulfite.                                                           
7779886..........................  Zinc nitrate.                                                                
127822...........................  Zinc phenolsulfonate.                                                        
1314847..........................  Zinc phosphide.                                                              
16871719.........................  Zinc silicofluoride.                                                         
7733020..........................  Zinc sulfate.                                                                
----------------------------------------------------------------------------------------------------------------



Addendum G--List of Applicable References

    The following guidance manuals contain valuable information in 
assisting permittees in complying with the permit conditions of the 
multi-sector general permit and are available from The Office of Water 
Resources Center, USEPA--RC-4100, 401 M Street, SW., Washington, DC 
20460, Telephone: (202) 260-7786.
    Storm Water Management for Industrial Activities, Developing 
Pollution Prevention Plans and Best Management Practices (EPA-832-R-92-
006, September 1992).
    Summary: Storm Water Management for Industrial Activities, 
Developing Pollution Prevention Plans and Best Management Practices 
(October 1992).
    NPDES Storm Water Sampling Guidance Document (EPA 833-B-92-001, 
July 1992).

[[Page 51278]]


Addendum H--Endangered Species Guidance

I. Instructions

    Below is a list of species that EPA has determined may be affected 
by the activities covered by the multi-sector general permit (MSGP). 
These species are listed by county. In order to get MSGP coverage, 
applicants must:
     Indicate in box provided on the NOI whether any species 
listed in this Addendum are in proximity to the facility, and
     Certify pursuant to Section II.B.12 of the MSGP that their 
storm water discharges, and BMPs constructed to control storm water 
runoff, are not likely, and will not be likely to adversely affect 
species identified in Addendum H of this permit.
    To do this, please follow steps 1 through 4 below.
Step 1: Review the County Species List to Determine if any Species are 
Located in the Discharging Facility County
    If no species are listed in a facility's county or if a facility's 
county is not found on the list, an applicant is eligible for MSGP 
coverage and may indicate in the NOI that no species are found in 
proximity and provide the necessary certification. If species are 
located in the county, follow step 2 below. Where a facility is located 
in more than one county, the lists for all counties should be reviewed.
Step 2: Determine if any Species may be Found ``In Proximity'' to the 
Facility
    A species is in proximity to a facility's storm water discharge 
when the species is:
     Located in the path or immediate area through which or 
over which contaminated point source storm water flows from industrial 
activities to the point of discharge into the receiving water.
     Located in the immediate vicinity of, or nearby, the point 
of discharge into receiving waters.
     Located in the area of a site where storm water BMPs are 
planned or are to be constructed.
    The area in proximity to be searched/surveyed for listed species 
will vary with the size of the facility, the nature and quantity of the 
storm water discharges, and the type of receiving waters. Given the 
number of facilities potentially covered by the MSGP, no specific 
method to determine whether species are in proximity is required for 
permit coverage under the MSGP. Instead, applicants should use the 
method or methods which best allow them to determine to the best of 
their knowledge whether species are in proximity to their particular 
facility. These methods may include:
     Conducting visual inspections: This method may be 
particularly suitable for facilities that are smaller in size, 
facilities located in non-natural settings such as highly urbanized 
areas or industrial parks where there is little or no nature habitat; 
and facilities that discharge directly into municipal storm water 
collection systems. For other facilities, a visual survey of the 
facility site and storm water drainage areas may be insufficient to 
determine whether species are likely to be located in proximity to the 
discharge.
     Contacting the nearest State Wildlife Agency or U.S. Fish 
and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) 
offices. Many endangered and threatened species are found in well-
defined areas or habitats. That information is frequently known to 
state or federal wildlife agencies. FWS has offices in every state. 
NMFS has regional offices in: Gloucester, Massachusetts; St. 
Petersburg, Florida; Long Beach, California; Portland, Oregon; and 
Juneau, Alaska.
     Contacting local/regional conservation groups. These 
groups inventory species and their locations and maintain lists of 
sightings and habitats.
     Conducting a formal biological survey. Larger facilities 
with extensive storm water discharges may choose to conduct biological 
surveys as the most effective way to assess whether species are located 
in proximity and whether there are likely adverse effects.
    If no species are in proximity, an applicant is eligible for MSGP 
coverage and may indicate that in the NOI and provide the necessary 
certification. If listed species are found in proximity to a facility, 
applicants must follow step 3 below.
Step 3: Determine if Species Could be Adversely Affected by the 
Facility's Storm Water Discharges or by BMPS to Control Those 
Discharges
    Scope of Adverse Effects: Potential adverse effects from storm 
water include:
     Hydrological. Storm water may cause siltation, 
sedimentation or induce other changes in the receiving waters such as 
temperature, salinity or pH. These effects will vary with the amount of 
storm water discharged and the volume and condition of the receiving 
water. Where a storm water discharge constitutes a minute portion of 
the total volume of the receiving water, adverse hydrological effects 
are less likely.
     Habitat. Storm water may drain or inundate listed species 
habitat.
     Toxicity. In some cases, pollutants in storm water may 
have toxic effects on listed species.
    The scope of effects to consider will vary with each site. 
Applicants must also consider the likelihood of adverse effects on 
species from any BMPs to control storm water. Most adverse impact from 
BMPs are likely to occur from the construction activities.
    Using earlier ESA authorizations for MSGP eligibility: In some 
cases, a facility may be eligible for MSGP coverage because actual or 
potential adverse affects were addressed or discounted through an 
earlier ESA authorization. Examples of such authorization include:
     An earlier ESA section 7 consultation for that facility.
     A section 10(a) permit issued for the facility.
     An area-wide Habitat Conservation Plan applicable to that 
facility.
     A clearance letter from the Services (which discounts the 
possibility of an adverse impact from the facility).
    In order for applicants to use an earlier ESA authorization to meet 
eligibility requirements: (1) The authorization must adequately address 
impacts for storm water discharges and BMPs from the facility on 
endangered and threatened species, (2) it must be current because there 
have been no subsequent changes in facility operations or circumstances 
which might impact species in ways not considered in the earlier 
authorization, and (3) the applicant must comply with any requirements 
from those authorizations to avoid or mitigate adverse effects to 
species. Applicants who wish to pursue this approach should carefully 
review documentation for those authorizations ensure that the above 
conditions are met.
    If adverse effects are not likely, an applicant is eligible for 
MSGP coverage and may indicate in the NOI that species are found in 
proximity and provide the necessary certification. If adverse effects 
are likely, follow step 4 below.
Step 4: Determine if Measures can be Implemented to Avoid any Adverse 
Effects
    If an applicant determines that adverse effects are likely, it can 
receive coverage if appropriate measures are undertaken to avoid or 
eliminate any actual or potential adverse affects prior to applying for 
permit coverage. These measures may involve relatively simple changes 
to facility operations such as re-routing a storm water discharge to 

[[Page 51279]]
bypass an area where species are located.
    At this stage, applicants may wish to contact the FWS and/or NMFS 
to see what appropriate measures might be suitable to avoid or 
eliminate adverse impacts to species.
    If applicants adopt these measures, they must continue to abide by 
them during the course of permit coverage.
    If appropriate measures are not available, the applicant is not 
eligible at that time for coverage under the MSGP. Applicants should 
contact the appropriate EPA regional office about either:
     Entering into Section 7 consultation in order to obtain 
MSGP coverage, or
     Obtaining an individual NPDES storm water permit.

                                             II. County/Species List                                            
    [The following list identifies federally listed or proposed U.S. species by State and County. It has been   
                                        updated through March 31, 1995.]                                        
----------------------------------------------------------------------------------------------------------------
     State/County            Group name             Inventory name              Scientific name         IR/FF*  
----------------------------------------------------------------------------------------------------------------
        ALASKA                                                                                                  
                                                                                                                
ALEUTIAN ISLANDS.....  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis                     
                                                                           leucopareia.                         
ALEUTIANS EAST.......  BIRDS................  EIDER, STELLER'S..........  POLYSTICTA STELLERI.......            
ALEUTIANS, WEST......  BIRDS................  EIDER, STELLER'S..........  POLYSTICTA STELLERI.......            
NORTH SLOPE..........  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                                                                                
       ARIZONA                                                                                                  
                                                                                                                
APACHE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                              TROUT, APACHE.............  Salmo apache..............            
                       PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
COCHISE..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CATFISH, YAQUI............  Ictalurus pricei..........            
                                              CHUB, YAQUI...............  Gila purpurea.............            
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              SHINER, BEAUTIFUL.........  Notropis formosus.........            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
COCONINO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CHUB, HUMPBACK............  Gila cypha................            
                                              SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                       PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
                       SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS            
GILA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
GRAHAM...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                              TROUT, APACHE.............  Salmo apache..............            
GREENLEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                              TROUT, APACHE.............  Salmo apache..............            
LA PAZ...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                           yumanensis.                          
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............            
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
MARICOPA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                           yumanensis.                          
                       FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
MOHAVE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                           yumanensis.                          
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............            
                                              CHUB, HUMPBACK............  Gila cypha................            
                                              CHUB, VIRGIN RIVER........  Gila robusta seminuda.....            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                       PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.               
                                                                           jonesii.                             
                       SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS            
NAVAJO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CHUB, HUMPBACK............  Gila cypha................            
                                              MINNOW, LOACH.............  Tiaroga cobitis...........            

[[Page 51280]]
                                                                                                                
                                              SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                              TROUT, APACHE.............  Salmo apache..............            
                       PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
PIMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CRUSTACEAN...........   TALUSSNAIL, SAN XAVIER...  SONORELLA EREMITA.........            
                       FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
PINAL................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                           yumanensis.                          
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
SANTA CRUZ...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CHUB, SONORA..............  Gila ditaenia.............            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
YAVAPAI..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              FALCON, PEREGRINE.........  Falco peregrinus..........            
                       FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                              TROUT, GILA...............  Salmo gilae...............            
YUMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              FALCON, PEREGRINE.........  Falco peregrinus..........            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                           yumanensis.                          
                       FISHES...............  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                                                                                
      CALIFORNIA                                                                                                
                                                                                                                
ALAMEDA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                               RIVER SPRING.                                                    
ALPINE...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                              TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
AMADOR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
BUTTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   SHRIMP, CONSERVANCY FAIRY  BRANCINECTA CONSERVATIO...  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
CALAVERAS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
COLUSA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
CONTRA COSTA.........  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
DEL NORTE............  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                               LEGGED.                                                          
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
EL DORADO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        

[[Page 51281]]
                                                                                                                
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
FRESNO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LITTLE KERN GOLDEN.  Salmo aguabonita whitei...  IR        
                                              TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
GLENN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
HUMBOLDT.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                               RIDLEY SEA.                                                      
IMPERIAL.............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                           yumanensis.                          
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
INYO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       FISHES...............  CHUB, OWENS TUI...........  Gila bicolor snyderi......  IR        
                                              PUPFISH, OWENS............  Cyprinodon radiosus.......  IR        
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                       PLANTS...............  CENTAURY, SPRING-LOVING...  Centaurium namophilum var.   IR       
                                                                           namophi.                             
                                              GUMPLANT, ASH MEADOWS.....  Grindelia fraxinopratensis  IR        
                                              IVESIA, ASH MEADOWS.......  Ivesia kingii var. eremica  IR        
KERN.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
KINGS................  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                       FISHES...............  SPLITTAIL, SACRAMENTO.....  POGONICHTHYS                IR        
                                                                           MACROLEPIDOTUS.                      
                       PLANTS...............  COYOTE-THISTLE, LOCH        Eryngium constancei.......  IR        
                                               LOMOND.                                                          
                                              GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
LASSEN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SUCKER, MODOC.............  Catostomus microps........  IR        
LOS ANGELES..........  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                           levipes.                             
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       FISHES...............  CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                              STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                               THREESPINE.                 williamsoni.                         
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. mariti.                         
                                              BROOM, SAN CLEMENTE ISLAND  Lotus dendroideus ssp.      IR        
                                                                           traskiae.                            
                                              BUSH-MALLOW, SAN CLEMENTE   Malacothamnus clementinus.  IR        
                                               ISLAND.                                                          
                                              WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
MADERA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                              TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
MARIN................  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                               LEGGED.                                                          
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           

[[Page 51282]]
                                                                                                                
                       CRUSTACEAN...........   SHRIMP, CALIFORNIA         Syncaris pacifica.........  IR        
                                               FRESHWATER.                                                      
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
MARIPOSA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MENDOCINO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       MAMMALS..............  BEAVER, POINT ARENA         Aplodontia rufa nigra.....  IR        
                                               MOUNTAIN.                                                        
                       PLANTS...............  GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
                       REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                               RIDLEY SEA.                                                      
MERCED...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, CONSERVANCY FAIRY.  BRANCINECTA CONSERVATIO...  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
MODOC................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
                                              SUCKER, MODOC.............  Catostomus microps........  IR        
                                              SUCKER, SHORTNOSE.........  Chasmistes brevirostris...  IR        
MONO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       FISHES...............  CHUB, OWENS TUI...........  Gila bicolor snyderi......  IR        
                                              PUPFISH, OWENS............  Cyprinodon radiosus.......  IR        
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                              TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
MONTEREY.............  AMPHIBIANS...........   SALAMANDER, SANTA CRUZ     Ambystoma macrodactylum     IR        
                                               LONG-TOED.                  croceum.                             
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                       MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
                       REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                               RIDLEY SEA.                                                      
NAPA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, CALIFORNIA          Syncaris pacifica.........  IR        
                                               FRESHWATER.                                                      
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
NEVADA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
ORANGE...............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                           levipes.                             
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   SHRIMP, RIVERSIDE FAIRY..  STREPTOCEPHALUS WOOTTONI..  IR        
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. mariti.                         
PLACER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
PLUMAS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
RIVERSIDE............  AMPHIBIANS...........   SALAMANDER, DESERT         Batrachoseps aridus.......  IR        
                                               SLENDER.                                                         
                                              TOAD, ARROYO SOUTHWESTERN.  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        

[[Page 51283]]
                                                                                                                
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                           yumanensis.                          
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, RIVERSIDE FAIRY...  STREPTOCEPHALUS WOOTTONI..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  BUTTON-CELERY, SAN DIEGO..  ERYNGIUM ARISTULATUM VAR.    IR       
                                                                           PARISHII.                            
                                              GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                              MILK-VETCH, COACHELLA       ASTRAGALUS LENTIGINOSUS      IR       
                                               VALLEY.                     VAR. COACH.                          
                                              MINT, OTAY MESA...........  POGOGYNE NUDIUSCULA.......  IR        
SACRAMENTO...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
                                              SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
SAN BENITO...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SAN BERNARDINO.......  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                           yumanensis.                          
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                               THREESPINE.                 williamsoni.                         
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  CHECKER-MALLOW, PEDATE....  Sidalcea pedata...........  IR        
                                              OXYTHECA, CUSHENBURY......  OXYTHECA PARISHII VAR.       IR       
                                                                           GOODMANIANA.                         
                                              WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
SAN DIEGO............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                           levipes.                             
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   SHRIMP, RIVERSIDE FAIRY..  STREPTOCEPHALUS WOOTTONI..  IR        
                       FISHES...............  CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                              PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                              SHRIMP, SAN DIEGO FAIRY...  BRANCHINECTA SANDIEGOENSIS  IR        
                                              STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                               THREESPINE.                 williamsoni.                         
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. maritimus.                      
                                              BUTTON-CELERY, SAN DIEGO..  ERYNGIUM ARISTULATUM VAR.    IR       
                                                                           PARISHII.                            
                                              GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                              MINT, OTAY MESA...........  POGOGYNE NUDIUSCULA.......  IR        
                                              MINT, SAN DIEGO MESA......  Pogogyne abramsii.........  IR        
                                              WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............  IR        
                                              TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                               RIDLEY SEA.                                                      
SAN FRANCISCO........  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             

[[Page 51284]]
                                                                                                                
SAN JOAQUIN..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
                                              SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
SAN LUIS OBISPO......  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                       MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. maritimus.                      
                                              SANDWORT, MARSH...........  ARENARIA PALUDICOLA.......  IR        
                                              SEA-BLITE, CALIFORNIA.....  SUAEDA CALIFORNICA........  IR        
                                              THISTLE, CHORRO CREEK BOG.  CIRSIUM FONTINALE VAR.      IR        
                                                                           OBISPOENSE.                          
                                              WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
SAN MATEO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                       PLANTS...............  THISTLE, FOUNTAIN.........  CIRSIUM FONTINALE VAR.      IR        
                                                                           FONTINALE.                           
SANTA BARBARA........  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                           levipes.                             
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                       FISHES...............  STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                               THREESPINE.                 williamsoni.                         
                       MAMMALS..............  SEAL, GUADALUPE FUR.......  Arctocephalus townsendi...  IR        
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. maritimus.                      
SANTA CLARA..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       PLANTS...............  THISTLE, FOUNTAIN.........  CIRSIUM FONTINALE VAR.      IR        
                                                                           FONTINALE.                           
SANTA CRUZ...........  AMPHIBIANS...........   SALAMANDER, SANTA CRUZ     Ambystoma macrodactylum     IR        
                                               LONG-TOED.                  croceum.                             
                       BIRDS................  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
SHASTA...............  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                               LEGGED.                                                          
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       CRUSTACEAN...........   CRAYFISH, SHASTA.........  Pacifasticus fortis.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
SIERRA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
SISKIYOU.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         

[[Page 51285]]
                                                                                                                
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                       FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
SOLANO...............  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
                                              SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
                       PLANTS...............  GRASS, SOLANO.............  Tuctoria mucronata          IR        
                                                                           (=Orcuttia m.).                      
SONOMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                           obsoletus.                           
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, CALIFORNIA          Syncaris pacifica.........  IR        
                                               FRESHWATER.                                                      
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
                       PLANTS...............  BIRD'S-BEAK, PENNELL'S....  CORDYLANTHUS TENUS          IR        
                                                                           SSP.CAPILLARI.                       
                                              GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
                                              STICKYSEED, BAKER'S.......  Blennosperma bakeri.......  IR        
STANISLAUS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
SUTTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
TEHAMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
TRINITY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
TULARE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LITTLE KERN GOLDEN.  Salmo aguabonita whitei...  IR        
TUOLUMNE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
VENTURA..............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                           CALIFORNICUS.                        
                       BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                                              RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                           levipes.                             
                                              TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, CONSERVANCY FAIRY.  BRANCINECTA CONSERVATIO...  IR        
                       PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                           ssp. mariti.                         
                                              GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                              WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
YOLO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                       FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                               RUN).                                                            
                                              SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
YUBA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                       CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                              SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                              SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                               TADPOLE.                                                         
                                                                                                                
       COLORADO                                                                                                 
                                                                                                                
ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
ALAMOSA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
ARCHULETA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
BACA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
BENT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        

[[Page 51286]]
                                                                                                                
BOULDER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
CHAFFEE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CHEYENNE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CLEAR CREEK..........  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
CONEJOS..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
COSTILLA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
CUSTER...............  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
DELTA................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
DOLORES..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
EAGLE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
EL PASO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
FREMONT..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
GARFIELD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
GRAND................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
GUNNISON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
HINSDALE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
HUERFANO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
JACKSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
KIOWA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
LA PLATA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
LAKE.................  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
LARIMER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
LAS ANIMAS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
LOGAN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MESA.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
MOFFAT...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
MONTEZUMA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
MONTROSE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MORGAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
OTERO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
OURAY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
PARK.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
                       PLANTS...............  MUSTARD, PENLAND ALPINE     Eutrema penlandii.........  IR        
                                               FEN.                                                             
PROWERS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
PUEBLO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        

[[Page 51287]]
                                                                                                                
RIO BLANCO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
RIO GRANDE...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
ROUTT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SAGUACHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SAN MIGUEL...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SEDGWICK.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SUMMIT...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  MUSTARD, PENLAND ALPINE     Eutrema penlandii.........  IR        
                                               FEN.                                                             
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
WELD.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
YUMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       .....................  ..........................  ..........................            
                                                                                                                
     CONNECTICUT                                                                                                
                                                                                                                
FAIRFIELD............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, PIPING............  +haradrius melodus........  IR        
HARTFORD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
LITCHFIELD...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MIDDLESEX............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, PIPING............  +haradrius melodus........  IR        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
NEW HAVEN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, PIPING............  +haradrius melodus........  IR        
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..  IR        
NEW LONDON...........  BIRDS................  PLOVER, PIPING............  +haradrius melodus........  IR        
WINDHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                                                                                
 DISTRICT OF COLUMBIA                                                                                           
                                                                                                                
DISTRICT OF COLUMBIA.   BIRDS...............  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CRUSTACEAN...........   AMPHIPOD, HAY'S SPRING...  Stygobromus hayi..........            
                                                                                                                
       DELAWARE                                                                                                 
                                                                                                                
KENT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  FF        
                       PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
                       REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....  FF        
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......  FF        
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........  FF        
NEW CASTLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  FF        
                       PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
SUSSEX...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                                              PLOVER, PIPING............  +haradrius melodus........  FF        
                       PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......  FF        
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........  FF        
                                                                                                                
       FLORIDA                                                                                                  
                                                                                                                
ALACHUA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       CRUSTACEAN...........   SHRIMP, SQUIRREL CHIMNEY   Palaemonetes cummingi.....            
                                               CAVE.                                                            
BAKER................  BIRDS................  STORK, WOOD...............  Mycteria americana........            
BAY..................  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            

[[Page 51288]]
                                                                                                                
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
BRADFORD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
BREVARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
BROWARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CALHOUN..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
CHARLOTTE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CITRUS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CLAY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
COLLIER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
COLUMBIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
DADE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            

[[Page 51289]]
                                                                                                                
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
DE SOTO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
DIXIE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
DUVAL................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ESCAMBIA.............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
FLAGLER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       PLANTS...............  BEAUTY, HARPER'S..........  Harperocallis flava.......            
                                              BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
GADSDEN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
GILCHRIST............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
GLADES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             

[[Page 51290]]
                                                                                                                
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
GULF.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
HAMILTON.............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
HARDEE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
HENDRY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
HERNANDO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  BELLFLOWER, BROOKSVILLE...  Campanula robinsiae.......            
                                              WATER-WILLOW, COOLEY'S....  Justicia cooleyi..........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
HIGHLANDS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
HILLSBOROUGH.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
HOLMES...............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
INDIAN RIVER.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
JACKSON..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       PLANTS...............  GOOSEBERRY, MICCOSUKEE      Ribes echinellum..........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
LAFAYETTE............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             

[[Page 51291]]
                                                                                                                
LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
LEE..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
LEON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
LEVY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
LIBERTY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       PLANTS...............  BEAUTY, HARPER'S..........  Harperocallis flava.......            
                                              BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
MADISON..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
MANATEE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
MARTIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
MONROE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      

[[Page 51292]]
                                                                                                                
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
NASSAU...............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
OKALOOSA.............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  DARTER, OKALOOSA..........  Etheostoma okaloosae......            
                                              STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
OKEECHOBEE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
OSCEOLA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
PALM BEACH...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  GOURD, OKEECHOBEE.........  CUCURBITA OKEECHEOBEENSIS.            
                                              SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
PASCO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
PINELLAS.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
PUTNAM...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            

[[Page 51293]]
                                                                                                                
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
SANTA ROSA...........  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
SARASOTA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
SEMINOLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
ST. JOHNS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ST. LUCIE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
SUMTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              STORK, WOOD...............  Mycteria americana........            
SUWANNEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
TAYLOR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
UNION................  BIRDS................  STORK, WOOD...............  Mycteria americana........            
VOLUSIA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                           plumbeus.                            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                              TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      

[[Page 51294]]
                                                                                                                
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
WAKULLA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
WALTON...............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                              STORK, WOOD...............  Mycteria americana........            
                       FISHES...............  DARTER, OKALOOSA..........  Etheostoma okaloosae......            
                                              STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       PLANTS...............  MEADOWRUE, COOLEY'S.......  Thalictrum cooleyi........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
WASHINGTON...........  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                                                                                                                
        IDAHO                                                                                                   
                                                                                                                
ADA..................  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
BANNOCK..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BEAR LAKE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BENEWAH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BINGHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BLAINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                               SOCKEYE.                                                         
BOISE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BONNER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
BONNEVILLE...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
BOUNDARY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
BUTTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CAMAS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CANYON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
CARIBOU..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
CASSIA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CLEARWATER...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
CUSTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING.                                                    
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                               SOCKEYE.                                                         
ELMORE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  LIMPET, BANBURY SPRINGS...  Lanx n. sp................            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           

[[Page 51295]]
                                                                                                                
                       SNAILS...............  SNAIL, BLISS RAPIDS.......  Family Hydrobiidae n. sp..            
                                              SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                              SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
                                              SPRINGSNAIL, IDAHO........  Fontelicella idahoensis...            
FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
FREMONT..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
GEM..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
GOODING..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  LIMPET, BANBURY SPRINGS...  Lanx n. sp................            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                       SNAILS...............  SNAIL, BLISS RAPIDS.......  Family Hydrobiidae n. sp..            
                                              SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                              SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
IDAHO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                               SOCKEYE.                                                         
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
JEROME...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
KOOTENAI.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........            
LATAH................  PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........            
LEMHI................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
LEWIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                               SOCKEYE.                                                         
MADISON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MINIDOKA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
NEZ PERCE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                               SOCKEYE.                                                         
OWYHEE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                       SNAILS...............  SNAIL, BRUNEAU HOT SPRINGS  Bruneau Hot Springs snail             
                                                                           (Genus/s.                            
                                              SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                              SPRINGSNAIL, IDAHO........  Fontelicella idahoensis...            
PAYETTE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
POWER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                       SNAILS...............  SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
SHOSHONE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
TETON................  MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                           horribilis).                         
TWIN FALLS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                       SNAILS...............  SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
VALLEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                              SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            

[[Page 51296]]
                                                                                                                
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                               RIVER SPRING, SUMMER).                                           
                       .....................  ..........................  ..........................            
                                                                                                                
      LOUISIANA                                                                                                 
                                                                                                                
                       .....................  ..........................  ..........................            
ASCENSION............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
ASSUMPTION...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
AVOYELLES............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
BIENVILLE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BOSSIER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
CADDO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
CALDWELL.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
CAMERON..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
CATAHOULA............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
CLAIBORNE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CONCORDIA............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
DE SOTO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
EAST BATON ROUGE.....  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
EAST CARROLL.........  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                       BIRDS................  TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
FRANKLIN.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
GRANT................  CLAMS................  PEARLSHELL, LOUISIANA.....  Margaritifera hembeli.....            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
IBERIA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
IBERVILLE............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
LA SALLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
LAFOURCHE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
LIVINGSTON...........  CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
MADISON..............  BIRDS................  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
MOREHOUSE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
NATCHITOCHES.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
ORLEANS..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
OUACHITA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
PLAQUEMINES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            

[[Page 51297]]
                                                                                                                
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
POINTE COUPEE........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
RAPIDES..............  CLAMS................  PEARLSHELL, LOUISIANA.....  Margaritifera hembeli.....            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
RED RIVER............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
RICHLAND.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
SABINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
ST. BERNARD..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ST. CHARLES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
ST. JAMES............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
ST. JOHN THE BAPTIST.  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                                              STURGEON, PALLID..........  Scaphirhynchus albus......            
ST. LANDRY...........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
ST. MARTIN...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
ST. MARY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
ST. TAMMANY..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       REPTILES.............  TURTLE, RINGED SAWBACK....  Graptemys oculifera.......            
TANGIPAHOA...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
TENSAS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
TERREBONNE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
VERMILION............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
WASHINGTON...........  FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                           desotoi.                             
                       REPTILES.............  TURTLE, RINGED SAWBACK....  Graptemys oculifera.......            
WEBSTER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
WEST BATON ROUGE.....  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
WEST CARROLL.........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
WEST FELICIANA.......  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
WINN.................  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                                                                                                                
    MASSACHUSETTS                                                                                               
                                                                                                                
BARNSTABLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      

[[Page 51298]]
                                                                                                                
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
BRISTOL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
DUKES................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ESSEX................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                       PLANTS...............  BULRUSH, NORTHEASTERN       Scirpus ancistrochaetus...            
                                               (=BARBED BRISTLE.                                                
HAMPDEN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
HAMPSHIRE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
MIDDLESEX............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
NANTUCKET............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
NORFOLK..............  REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
PLYMOUTH.............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
                       REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
                                              TURTLE, PLYMOUTH RED-       Pseudemys (Chrysemys)                 
                                               BELLIED.                    rubriventris.                        
SUFFOLK..............  REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
WORCESTER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                                                                                
        MAINE                                                                                                   
                                                                                                                
ANDROSCOGGIN.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
AROOSTOOK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  ORCHID, EASTERN PRAIRIE     Platanthera leucophaea....            
                                               FRINGED.                                                         
CUMBERLAND...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
HANCOCK..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
KENNEBEC.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
KNOX.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
PENOBSCOT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
PISCATAQUIS..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SAGADAHOC............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
SOMERSET.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
WALDO................  FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
YORK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            

[[Page 51299]]
                                                                                                                
                                              PLOVER, PIPING............  +haradrius melodus........            
                                                                                                                
   NORTHERN MARIANA                                                                                             
       ISLANDS                                                                                                  
                                                                                                                
WORCESTER............  BIRDS................  MALLARD, MARIANA..........  Anas oustaleti............            
                                              MEGAPODE, MICRONESIAN (LA   Megapodius laperouse......            
                                               PEROUSE'S).                                                      
                       REPTILES.............  CROCODILE, SALTWATER......  CROCODYLUS POROSUS........            
                                                                                                                
    NEW HAMPSHIRE                                                                                               
                                                                                                                
BELKNAP..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CHESHIRE.............  CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....            
COOS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
GRAFTON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HILLSBOROUGH.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MERRIMACK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
ROCKINGHAM...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SULLIVAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....            
                       PLANTS...............  MILK-VETCH, JESUP'S.......  Astragalus robbinsii var.             
                                                                           jesupi.                              
                                              ..........................  ..........................            
                                                                                                                
      NEW MEXICO                                                                                                
                                                                                                                
                                              ..........................  ..........................            
BERNALILLO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
CATRON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              TROUT, GILA...............  Salmo gilae...............            
CHAVES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                              SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
COLFAX...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
CURRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
DE BACA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
DONA ANA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
EDDY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                              SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CHUB, CHIHUAHUA...........  Gila nigrescens...........            
                                              MINNOW, LOACH.............  Tiaroga cobitis...........            
                                              SHINER, BEAUTIFUL.........  Notropis formosus.........            
                                              SPIKEDACE.................  Meda fulgida..............            
                                              TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                              TROUT, GILA...............  Salmo gilae...............            
GUADALUPE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HARDING..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HIDALGO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SPIKEDACE.................  Meda fulgida..............            
LEA..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
LOS ALAMOS...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
LUNA.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            

[[Page 51300]]
                                                                                                                
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SHINER, BEAUTIFUL.........  Notropis formosus.........            
MCKINLEY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MORA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
OTERO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  THISTLE, SACRAMENTO         Cirsium vinaceum..........            
                                               MOUNTAINS.                                                       
OTHER-999............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
QUAY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
RIO ARRIBA...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
ROOSEVELT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
SAN MIGUEL...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SANDOVAL.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
SANTA FE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
SIERRA...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  TROUT, GILA...............  Salmo gilae...............            
SOCORRO..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       CRUSTACEAN...........  ISOPOD, SOCORRO...........  Thermosphaeroma                       
                                                                           (=Exosphaeroma)                      
                                                                           thermophilus.                        
                       FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                       SNAILS...............  SPRINGSNAIL, ALAMOSA......  Tryonia alamosae..........            
                                              SPRINGSNAIL, SOCORRO......  Pyrgulopsis neomexicana...            
TAOS.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
TORRANCE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
VALENCIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                                                                                                                
        NEVADA                                                                                                  
                                                                                                                
CARSON CITY..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CHURCHILL............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                           yumanensis.                          
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, VIRGIN RIVER........  Gila robusta seminuda.....  IR        
                                              DACE, MOAPA...............  Moapa coriacea............  IR        
                                              KILLIFISH, PAHRUMP........  EMPETRICHYTHYS LATOS......  IR        
                                              PUPFISH, DEVILS HOLE......  Cyprinodon diabolis.......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                                              WOUNDFIN..................  Plagopterus argentissimus.  IR        
DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
ELKO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  DACE, CLOVER VALLEY         Rhinichthys osculus         IR        
                                               SPECKLED.                   oligoporous.                         
                                              DACE, INDEPENDENCE VALLEY   Rhinichthys osculus         IR        
                                               SPECKLED.                   lethoporous.                         
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
EUREKA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
HUMBOLDT.............  FISHES...............  DACE, DESERT..............  Eremichthys acros.........  IR        
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
LANDER...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, PAHRANAGAT ROUNDTAIL  Gila robusta jordani......  IR        
                                              SPINEDACE, BIG SPRING.....  Lepidomeda mollispinis      IR        
                                                                           pratensis.                           
                                              SPRINGFISH, HIKO WHITE      Crenichthys baileyi         IR        
                                               RIVER.                      grandis.                             
                                              SPRINGFISH, WHITE RIVER...  Crenichthys baileyi         IR        
                                                                           baileyi.                             

[[Page 51301]]
                                                                                                                
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
LYON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MINERAL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SPRINGFISH, HIKO WHITE      Crenichthys baileyi         IR        
                                               RIVER.                      grandis.                             
                                              SPRINGFISH, RAILROAD        Crenichthys nevadae.......  IR        
                                               VALLEY.                                                          
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                       PLANTS...............  MILK-VETCH, SODAVILLE.....  ASTRAGALUS LENTIGINOSUS      IR       
                                                                           VAR. SESLQ MIMETRALIS.               
NYE..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  POOLFISH, PAHRUMP.........  Empetrichthys latos.......  IR        
                                              PUPFISH, ASH MEADOWS        Cyprinodon nevadensis       IR        
                                               AMARGOSA.                   mionectes.                           
                                              PUPFISH, DEVILS HOLE......  Cyprinodon diabolis.......  IR        
                                              PUPFISH, WARM SPRINGS.....  Cyprinodon nevadensis       IR        
                                                                           pectoralis.                          
                                              SPINEDACE, WHITE RIVER....  Lepidomeda albivallis.....  IR        
                                              SPRINGFISH, RAILROAD        Crenichthys nevadae.......  IR        
                                               VALLEY.                                                          
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                       INSECTS..............  NAUCORID, ASH MEADOWS.....  Ambrysus amargosus........  IR        
                       PLANTS...............  CENTAURY, SPRING-LOVING...  Centaurium namophilum var.  IR        
                                                                           namophilum.                          
                                              GUMPLANT, ASH MEADOWS.....  Grindelia fraxinopratensis  IR        
                                              IVESIA, ASH MEADOWS.......  Ivesia kingii var. eremica  IR        
PERSHING.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
STOREY...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
WASHOE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CUI-UI....................  Chasmistes cujus..........  IR        
                                              SUCKER, WARNER............  Catostomus warnerensis....  IR        
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                       PLANTS...............  BUCKWHEAT, STEAMBOAT......  Eriogonum ovalifolium var.  IR        
                                                                           williamsiae.                         
WHITE PINE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  KILLIFISH, PAHRUMP........  EMPETRICHYTHYS LATOS......  IR        
                                              SPINEDACE, WHITE RIVER....  Lepidomeda albivallis.....  IR        
                                                                                                                
       OKLAHOMA                                                                                                 
                                                                                                                
ADAIR................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
ALFALFA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
ATOKA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BEAVER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
BECKHAM..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
BLAINE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
BRYAN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       REPTILES.............  ALLIGATOR, AMERICAN.......  Alligator mississippiensis            
CADDO................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
CANADIAN.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              

[[Page 51302]]
                                                                                                                
CARTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CHEROKEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CHOCTAW..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  ORCHID, EASTERN PRAIRIE     Platanthera leucophaea....            
                                               FRINGED.                                                         
CIMARRON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       FISHES...............  SHINER, ARKANSAS RIVER....  NOTROPIS GIRARDI..........            
CLEVELAND............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
COMANCHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
COTTON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
CRAIG................  FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
                                              MADTOM, NEOSHO............  Noturus placidus..........            
                       PLANTS...............  ORCHID, WESTERN PRAIRIE     Platanthera praeclara.....            
                                               FRINGED.                                                         
CREEK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
CUSTER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
DELAWARE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
DEWEY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
ELLIS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
GARFIELD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
GARVIN...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
GRADY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              

[[Page 51303]]
                                                                                                                
GRANT................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
GREER................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
HARMON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HARPER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HASKELL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HUGHES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
JACKSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
JEFFERSON............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
JOHNSTON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
KAY..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
KINGFISHER...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
KIOWA................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
LE FLORE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       CLAMS................  ROCK-POCKETBOOK, OUACHITA.  Arkansia (=Arcidens)                  
                                                                           wheeleri.                            

[[Page 51304]]
                                                                                                                
                                              ROCK-POCKETBOOK, OUACHITA    Arkansia (=Arcidens)                 
                                               (=WHEELER'S PM).            wheeleri.                            
                       FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
LINCOLN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
LOGAN................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
LOVE.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MAJOR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MARSHALL.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MAYES................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
MCCLAIN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MCCURTAIN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
                       REPTILES.............  ALLIGATOR, AMERICAN.......  Alligator mississippiensis            
MCINTOSH.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MURRAY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MUSKOGEE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
NOBLE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
NOWATA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
OKLAHOMA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            

[[Page 51305]]
                                                                                                                
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
OSAGE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
OTTAWA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
                                              MADTOM, NEOSHO............  Noturus placidus..........            
PAWNEE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
PAYNE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
PITTSBURG............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
PONTOTOC.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
POTTAWATOMIE.........  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
PUSHMATAHA...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       CLAMS................  ROCK-POCKETBOOK, OUACHITA.  Arkansia (=Arcidens)                  
                                                                           wheeleri.                            
                                              ROCK-POCKETBOOK, OUACHITA   Arkansia (=Arcidens)                  
                                               (=WHEELER'S PM).            wheeleri.                            
                       FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
ROGER MILLS..........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
ROGERS...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       PLANTS...............  ORCHID, WESTERN PRAIRIE     Platanthera praeclara.....            
                                               FRINGED.                                                         
SEMINOLE.............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
SEQUOYAH.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          

[[Page 51306]]
                                                                                                                
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
STEPHENS.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
TEXAS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
TILLMAN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
TULSA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WAGONER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WASHINGTON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
WASHITA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
WOODS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WOODWARD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                                              ..........................  ..........................            
                                                                                                                
        OREGON                                                                                                  
                                                                                                                
BAKER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                               RIVER SPRING/SUMMER.                                             
BENTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                              LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
CLACKAMAS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
CLATSOP..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         

[[Page 51307]]
                                                                                                                
COLUMBIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
COOS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
CROOK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CURRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
DESCHUTES............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
GILLIAM..............  FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
HARNEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BORAX LAKE..........  Gila boraxobius...........  IR        
                                              TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
HOOD RIVER...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
JACKSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
JOSEPHINE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
KLAMATH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
                                              SUCKER, SHORTNOSE.........  Chasmistes brevirostris...  IR        
LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, HUTTON TUI..........  Gila bicolor ssp..........  IR        
                                              DACE, FOSKETT SPECKLED....  Rhinichthys osculus ssp...  IR        
                                              SUCKER, WARNER............  Catostomus warnerensis....  IR        
LANE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                       PLANTS...............  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
LINN.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                              LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
MALHEUR..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                               RIVER SPRING/SUMMER.                                             
MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                              LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
MORROW...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
MULTNOMAH............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                       FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        

[[Page 51308]]
                                                                                                                
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                              LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
SHERMAN..............  FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
TILLAMOOK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                           NIVOSUS.                             
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
UMATILLA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                               RIVER SPRING/SUMMER.                                             
WALLOWA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                               RIVER SPRING/SUMMER.                                             
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
WASCO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                               SOCKEYE.                                                         
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
WHEELER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
YAMHILL..............  PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                                                                                
     PUERTO RICO                                                                                                
                                                                                                                
ADJUNTAS.............  AMPHIBIANS...........   COQUI, GOLDEN............  Eleutherodactylus jasperi.            
AGUADA...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
AGUADILLA............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
ANASCO...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
ARECIBO..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
ARROYA...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
BARCELONETA..........  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
CABO ROJO............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
CAMUY................  PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
CAROLINA.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
CATANO...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
CEIBA................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CIALES...............  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS INABONENSIS...            
                                               INABONENSIS.                                                     
                                              FERN, THELYPTERIS           THELYPTERIS YAUCOENSIS....            
                                               YAUCOENSIS.                                                      
COAMO................  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                               CRESTED.                                                         
CULEBRA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            

[[Page 51309]]
                                                                                                                
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
DORADO...............  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                               CRESTED.                                                         
                       BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
FAJARDO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
GUANICA..............  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                               CRESTED.                                                         
                       BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
GUAYAMA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
GUAYANILLA...........  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
HATILLO..............  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                               VERECUNDA.                                                       
                                              PALMA DE MANACA...........  Calyptronoma rivalis......            
HUMACAO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       REPTILES.............  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ISABELA..............  AMPHIBIANS...........  TOAD, PUERTO RICAN CRESTED  Peltophryne lemur.........            
                       REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
JUANA DIAZ...........  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
LAJAS................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              TERN, ROSEATE.............  Sterna dougalli dougalli..            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
LOIZA................  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
LUQUILLO.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
MANATI...............  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
MAUNABO..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
MAYAGUEZ.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
NAGUABO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
PATILLAS.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
PENUELAS.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
PONCE................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  FERN, THELYPTERIS           THELYPTERIS INABONENSIS...            
                                               INABONENSIS.                                                     
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
QUEBRADILLAS.........  AMPHIBIANS...........  TOAD, PUERTO RICAN CRESTED  Peltophryne lemur.........            
                       PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                               VERECUNDA.                                                       
                                              PALMA DE MANACA...........  Calyptronoma rivalis......            
RINCON...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
RIO GRANDE...........  PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
SALINAS..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       

[[Page 51310]]
                                                                                                                
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
SAN JUAN.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
SAN SEBASTIAN........  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                               VERECUNDA.                                                       
                                              PALMA DE MANACA...........  Calyptronoma rivalis......            
SANTA ISABEL.........  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
TOA BAJA.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
UTUADO...............  PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
VEGA ALTA............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
VEGA BAJA............  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
VIEQUES..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
                       PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
YABUCOA..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                               (FLORIDA).                                                       
YAUCO................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                       PLANTS...............  FERN, THELYPTERIS           THELYPTERIS YAUCOENSIS....            
                                               YAUCOENSIS.                                                      
                       REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                                                                                
     RHODE ISLAND                                                                                               
                                                                                                                
KENT.................  FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
NEWPORT..............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........  IR        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                              PLOVER, PIPING............  +haradrius melodus........  IR        
                       FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
                                                                                                                
        TEXAS                                                                                                   
                                                                                                                
ANDERSON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
ANGELINA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
ARANSAS..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
ARCHER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
AUSTIN...............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
BAILEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
BASTROP..............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
BAYLOR...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
BEE..................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
BELL.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
BEXAR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
BLANCO...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
BOSQUE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
BOWIE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              

[[Page 51311]]
                                                                                                                
BRAZORIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
BRAZOS...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
BREWSTER.............  FISHES...............  GAMBUSIA, BIG BEND........  Gambusia gaigei...........            
BROWN................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
BURLESON.............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
BURNET...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
CALDWELL.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
CALHOUN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CAMERON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CASS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CHAMBERS.............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
CHEROKEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
CHILDRESS............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
CLAY.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
COKE.................  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
COLEMAN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
COLLINGSWORTH........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            

[[Page 51312]]
                                                                                                                
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
COLORADO.............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
COMAL................  AMPHIBIANS...........  SALAMANDER, SAN MARCOS....  Eurycea nana..............            
                       FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
COMANCHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
CONCHO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
COOKE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
CORYELL..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
DE WITT..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
EDWARDS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
ELLIS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
ERATH................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
FALLS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
FANNIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
FAYETTE..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
FORT BEND............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
FREESTONE............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
GALVESTON............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
GILLESPIE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
GOLIAD...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
GONZALES.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
GRAYSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PLOVER, PIPING............  +haradrius melodus........            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
GREGG................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
GRIMES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
GUADALUPE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
HALL.................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                       BIRDS................  TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HAMILTON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
HARDEMAN.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          

[[Page 51313]]
                                                                                                                
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HARDIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HARRISON.............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
HASKELL..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
HAYS.................  AMPHIBIANS...........   SALAMANDER, SAN MARCOS...  Eurycea nana..............            
                                              SALAMANDER, TEXAS BLIND...  Typhlomolge rathbuni......            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
                                              GAMBUSIA, SAN MARCOS......  Gambusia georgei..........            
                       PLANTS...............  WILD-RICE, TEXAS..........  Zizania texana............            
HEMPHILL.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
HENDERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HILL.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
HOOD.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
HOUSTON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HUNT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
HUTCHINSON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
IRION................  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
JACKSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
JASPER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
JEFF DAVIS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                              PUPFISH, COMANCHE SPRINGS.  Cyprinodon elegans........            
                       PLANTS...............  PONDWEED, LITTLE AGUJA      Potamogeton clystocarpus..            
                                               CREEK.                                                           
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
JOHNSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
JONES................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
KARNES...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
KENEDY...............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
KIMBLE...............  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
KING.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
KLEBERG..............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      

[[Page 51314]]
                                                                                                                
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
KNOX.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
LAMAR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
LAMPASAS.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
LAVACA...............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
LEE..................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
LEON.................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
LIBERTY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
LIMESTONE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
LIPSCOMB.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
LLANO................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
MADISON..............  PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MASON................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
MATAGORDA............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
MAVERICK.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
MENARD...............  FISHES...............  GAMBUSIA, CLEAR CREEK.....  Gambusia heterochir.......            
MIDLAND..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
MILAM................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
MILLS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
MONTAGUE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
MONTGOMERY...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MOORE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
MORRIS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
NACOGDOCHES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
NEWTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
NUECES...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SEA.                                                      
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
OCHILTREE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
PALO PINTO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
PANOLA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
PARKER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
PECOS................  FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                              PUPFISH, LEON SPRINGS.....  Cyprinodon bovinus........            

[[Page 51315]]
                                                                                                                
POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
POTTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
RANDALL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
REAL.................  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
RED RIVER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
REEVES...............  FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                              PUPFISH, COMANCHE SPRINGS.  Cyprinodon elegans........            
REFUGIO..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
ROBERTS..............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
ROBERTSON............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
RUNNELS..............  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
RUSK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SABINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SAN AUGUSTINE........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SAN JACINTO..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SAN PATRICIO.........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
SAN SA BA............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
SHACKELFORD..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SHELBY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
SOMERVELL............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
STARR................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
STERLING.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
TARRANT..............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
THROCKMORTON.........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
TOM GREEN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                           paucimaculata.                       
TRAVIS...............  AMPHIBIANS...........   SALAMANDER, BARTON         EURYCEA SOSORUM...........            
                                               SPRINGS.                                                         
                       BIRDS................  CRANE, WHOOPING...........  Grus americana............            
TRINITY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
TYLER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
UPSHUR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
UVALDE...............  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
VAL VERDE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                       PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
VICTORIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
WALKER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
WALLER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            

[[Page 51316]]
                                                                                                                
WASHINGTON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
                       PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
WEBB.................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WHARTON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..            
WHEELER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WICHITA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WILBARGER............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                              TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
WILLACY..............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                              PELICAN, BROWN............  Pelicanus occidentalis....            
                                              PLOVER, PIPING............  +haradrius melodus........            
                       REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                              TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                              TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                               RIDLEY SE.                                                       
                                              TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                              TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
WILLIAMSON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
WILSON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
WISE.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
YOUNG................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
ZAPATA...............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                               LEAST).                                                          
                                              TERN, INTERIOR              Sterna antillarum.........            
                                               (POPULATION) LEAST.                                              
                                                                                                                
         UTAH                                                                                                   
                                                                                                                
BEAVER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
BOX ELDER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
CACHE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
CARBON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
DAGGETT..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
DAVIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
DUCHESNE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
EMERY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                           jonesii.                             
GARFIELD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        

[[Page 51317]]
                                                                                                                
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  BUTTERCUP, AUTUMN.........  Ranunculus acriformis var.   IR       
                                                                           aestiva.                             
                                              CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                           jonesii.                             
                                              LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
                                              MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
GRAND................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                           jonesii.                             
IRON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
JUAB.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
KANE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                           jonesii.                             
                       SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS  IR        
MILLARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
MORGAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
PIUTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
RICH.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SALT LAKE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........  IR        
SANPETE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
SEVIER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
SUMMIT...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
TOOELE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
UINTAH...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                              EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
UTAH.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  SUCKER, JUNE..............  Chasmistes liorus.........  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
WASATCH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, VIRGIN RIVER........  Gila robusta seminuda.....  IR        
                                              WOUNDFIN..................  Plagopterus argentissimus.  IR        
WAYNE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                              CHUB, HUMPBACK............  Gila cypha................  IR        
                                              SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                              SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
WEBER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                       PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
                                                                                                                
       VERMONT                                                                                                  
                                                                                                                
ADDISON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
BENNINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
CALEDONIA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
CHITTENDEN...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      

[[Page 51318]]
                                                                                                                
ESSEX................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
GRAND ISLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
LAMOILLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
ORLEANS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
RUTLAND..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
WINDHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
                       PLANTS...............  BULRUSH, NORTHEASTERN        Scirpus ancistrochaetus..  IR,F      
                                               (=BARBED BRIS.                                                   
WINDSOR..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
                       CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....  IR,F      
                       PLANTS...............  MILK-VETCH, JESUP'S.......  Astragalus robbinsii var.   IR,F      
                                                                           jesupi.                              
                                                                                                                
      WASHINGTON                                                                                                
                                                                                                                
ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
ASOTIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER).                                            
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
BENTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
CHELAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
CLALLAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
                       PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
COLUMBIA.............  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER.                                             
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
COWLITZ..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
                       PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR,FF     
DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
FERRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER).                                            
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
GARFIELD.............  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER).                                            
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
GRAYS HARBOR.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR,FF     
                                                                           NIVOSUS.                             
ISLAND...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
KING.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
KITSAP...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
KITTITAS.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
KLICKITAT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
LEWIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     

[[Page 51319]]
                                                                                                                
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
MASON................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
OKANOGAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
PACIFIC..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR,FF     
                                                                           leucopareia.                         
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
                                              PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR,FF     
                                                                           NIVOSUS.                             
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
PEND OREILLE.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
PIERCE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
SKAGIT...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
SKAMANIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
SNOHOMISH............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
SPOKANE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
STEVENS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
THURSTON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
WAHKIAKUM............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                              PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
WALLA WALLA..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER.                                             
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
WHATCOM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                              MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                       FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
WHITMAN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                               RIVER SPRING/SUMMER).                                            
                                              SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                               SOCKEYE.                                                         
YAKIMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                       MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                           horribilis).                         
----------------------------------------------------------------------------------------------------------------
* Permit is being issued for these areas only: IR=Federal Indian Reservations, FF=Federal Facilities.           


[FR Doc. 95-23257 Filed 9-28-95; 8:45 am]
BILLING CODE 6560-50-P