[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Corrections]
[Pages 37448-37475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18079]



[[Page 37447]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



Proposed Modification of National Pollutant Discharge Elimination 
System (NPDES) Storm Water Multi-Sector General Permit for Industrial 
Activities; Notice

  Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / 
Notices  

[[Page 37448]]



ENVIRONMENTAL PROTECTION AGENCY

[FRL-5855-7]


Proposed Modification of National Pollutant Discharge Elimination 
System (NPDES) Storm Water Multi-Sector General Permit for Industrial 
Activities; Proposal To Terminate the EPA NPDES Storm Water Baseline 
Industrial General Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed modifications of the NPDES Storm Water 
Multi-Sector General Permit for Industrial Activities and Proposal to 
Terminate the EPA Storm Water Baseline Industrial General Permit.

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

SUMMARY: The Regional Administrators of EPA Regions I, II, III, IV, VI, 
IX, and X are today providing notice of a proposed modification of 
EPA's final NPDES storm water multi-sector general permit (MSGP) which 
was first issued on September 29, 1995 (60 FR 50804), and amended on 
February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), and 
September 24, 1996 (61 FR 50020). EPA is proposing to modify the MSGP 
to authorize storm water discharges from previously excluded facilities 
so that they may be covered by the MSGP after expiration of EPA's 
baseline general permit. EPA is also proposing the following limited 
specific changes to the MSGP as published on September 29, 1995 (60 FR 
50804): (1) Authorization of mine dewatering discharges from 
construction sand and gravel, industrial sand and crushed stone mines 
in non-NPDES areas of EPA Regions II and X; (2) inclusion in Sector A 
of the MSGP of the effluent limitation guideline in 40 CFR part 429, 
subpart I for discharges resulting from spray down of lumber and wood 
products in storage yards (wet decking); (3) clarification that Sectors 
X and AA authorize discharges from all facilities in major SIC groups 
27 and 34 respectively; and (4) addition of new sector (sector AD) to 
the MSGP to authorize discharges from Phase I facilities which may not 
fall into one of the sectors of the modified MSGP, and selected Phase 
II discharges which are designated for permitting in accordance with 40 
CFR 122.26(g)(1)(i).
    The Regional Administrators are also providing notice that the 
Agency does not intend to reissue the NPDES storm water baseline 
industrial general permit which was issued on September 9, 1992 (57 FR 
41236) or September 25, 1992 (57 FR 44438), depending on the geographic 
area of applicability, and propose to terminate this permit (with the 
limited exceptions discussed in Section I below) upon final 
modification of the multi-sector permit. As a result, all industrial 
facilities previously permitted under the baseline permit, except as 
otherwise noted in this notice, would therefore be required to seek 
storm water permit coverage under the modified multi-sector permit when 
issued in final or submit an application for an individual permit.

DATES: Comments on the proposed modifications must be received or 
postmarked by midnight no later than August 15, 1997. See below for 
scheduled hearings and public meetings.

ADDRESSES: The index to the administrative record for this permit is 
available at the appropriate Regional Office or from the EPA Water 
Docket Office in Washington, DC. The administrative record is stored in 
two locations. Documents immediately referenced in this modification 
notice are stored at the EPA Water Docket Office at the address listed 
below. All other documents which were used to support the original 
issuance of the multi-sector general permit in 1995 are a supplement to 
the record for this modification action but are stored at Science 
Applications International Corporation (SAIC), 1710 Goodridge Drive, 
McLean, Virginia 22102. These materials include, for example, the 
permit applications and sampling data provided to EPA by group 
applicants. The immediate and supplemental record is available for 
inspection from 9 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays. For appointments to examine any portion of the 
administrative record, please call the Water Docket Office at (202) 
260-3027. Copies of the proposed permit modification may be acquired 
from the Office of Water Resource Center by dialing (202) 260-7786. A 
reasonable fee may be charged for copying. Specific record information 
can also be made available at the appropriate Regional Office upon 
request.

FOR FURTHER INFORMATION CONTACT: For further information on the 
proposed permit modifications, contact the appropriate EPA Regional 
Office. The name, address and phone number of the EPA Regional Storm 
Water Coordinators are provided in Part III.H of this fact sheet.

PUBLIC COMMENT PERIOD: Public comments are being invited only for those 
specific modifications which are proposed for the MSGP, as well as 
EPA's proposal to transfer permit coverage from the baseline permit to 
the MSGP. EPA stresses that the MSGP overall is not being reconsidered 
at this time. The public should send an original and three copies of 
their comments and enclosures (including references) addressing any 
aspect of this notice to: ATTN: MSGP Modification-Comments, W-97-06, 
Water Docket, MC-4101, U.S. EPA, Room 2616 Mall, 401 M Street SW., 
Washington, DC 20460.
    To ensure that EPA can read, understand, and therefore properly 
respond to comments, the Agency requests commenters to type or print in 
ink any comments. Each comment should cite the page number and, where 
possible, the section(s) and/or paragraph(s) in the proposed permitting 
actions to which the comment relates. Commenters should use a separate 
paragraph for each issue discussed. Commenters who want EPA to 
acknowledge receipt of their comments should enclose a self-addressed 
stamped envelope. No facsimiles (faxes) will be accepted. Comments may 
also be submitted electronically to: [email protected].
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and forms of encryption. Electronic comments 
must be identified by the docket number W-97-06. No Confidential 
Business Information (CBI) should be submitted through e-mail. Comments 
and data will also be accepted on disks in Wordperfect 5.1 format or 
ASCII file format. Electronic comments on this notice may be filed 
online at many Federal Depository Libraries.
    The record for this proposed permit modification has been 
established under docket number W-97-06 and includes supporting 
documentation as well as printed, paper versions of electronic 
comments. It does not include any information claimed as CBI.

PUBLIC MEETINGS AND HEARINGS: Public meetings and hearings to discuss 
the proposed permitting actions are scheduled in certain Regions as 
follows:

EPA Region VI

    Date: July 21, 1997.
    Time: 1 p.m. (Public Meeting).
    Location: Howard Johnson Hotel at Hobby Airport, 7777 Airport 
Blvd., Houston, Texas 77061.

    Date: July 28, 1997.
    Time: 1 p.m. (Public Meeting).
    Location: Albuquerque Marriott Hotel, 2101 Louisiana Blvd., NE, 
Albuquerque, New Mexico 87110.

    Date: August 11, 1997.
    Time: 9 a.m. (Public Meeting), 1 p.m. (Public Hearing).

[[Page 37449]]

    Location: U.S. EPA Regional Office, 12th Floor State Conference 
Rooms, 1445 Ross Avenue, Dallas, Texas 75202-2733.

EPA Region IX

    Date: August 12, 1997.
    Time: 1 p.m. to 5 p.m. (Public Hearing).
    Location: Arizona Department of Environmental Quality, Public 
Meeting Room, 3033 North Central Avenue, Phoenix, Arizona 85012.
    Persons wishing to make an oral presentation must restrict 
themselves to 15 minutes and are encouraged to have written copies of 
their comments for inclusion in the official record.

State Certification

    EPA is providing copies of today's proposed permitting actions to 
States and Indian Tribes where the proposed actions would be effective. 
The States and Tribes will review the proposed actions to ensure that 
they will not result in violation of water quality criteria. EPA will 
work with the States and Tribes to obtain their certification in 
accordance with Section 401 of the Clean Water Act. EPA will prepare 
certifications for Indian lands where there is no approved Tribe or 
where the approved Tribes have not established water quality standards.
    The Coastal Zone Management Act (CZMA) requires that all Federal 
licensing and permitting actions be reviewed for consistency with each 
approved State coastal zone management plan. EPA has also initiated 
this review.

SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is an outline of the organization of today's proposed 
permitting actions:

Explanation of Proposed Permit Modifications

I. Background

II. Coverage of Proposed Modified MSGP

III. Requirements for Transferred Facilities

A. Notification Requirements
    1. Historic Preservation
    2. Endangered Species
    3. North American Industry Classification System
B. Special Conditions
    1. Non-storm Water Discharges
    2. Releases of Reportable Quantities of Hazardous Substances and 
Oil
    3. Co-located Industries Facilities
C. SWPPP Requirements
    1. Deadline for SWPPP Revision and Implementation for 
Transferred Facilities
    2. Special Requirements for Facilities Subject to EPCRA Section 
313 Requirements
D. Monitoring and Reporting Requirements
    1. Sampling Schedule
    2. Sample Type
    3. Quarterly Visual Examination Requirements of the MSGP
    4. Exemptions for Analytical Monitoring
    5. Reporting Requirements
E. Numeric Effluent Limitations
F. Miscellaneous Proposed Permitting Action
    1. Coverage of Mine Dewatering Discharges in EPA Regions II and 
X
    2. Discharges Resulting from Spray Down of Lumber and Wood 
Products in Storage Yards in Sector A
    3. Clarification of Coverage in Sectors X and AA of the MSGP
    4. Addition of Sector AD to the MSGP
G. Response to National Mining Association Concerning Sector G of 
the MSGP
H. Regional Offices

IV. Cost Estimates

V. Economic Impact (Executive Order 12866)

VI. Unfunded Mandates Reform Act

VII. Paperwork Reduction Act

VIII. Regulatory Flexibility Act

IX. Official Signatures

Explanation of Proposed Permit Modifications

    The following discussion is an explanation and rationale for the 
permitting actions and permit modifications that EPA proposes to take 
in today's notice. The actual language of the proposed permit 
modifications follows the signature pages at the end of this 
discussion.

I. Background

    On September 9, 1992 (57 FR 41175) or September 25, 1992 (57 FR 
44412), depending on the geographic area involved, EPA issued a final 
NPDES storm water baseline industrial general permit (not including 
construction activity) for the following areas:
    EPA Region I--for the States of Maine, Massachusetts and New 
Hampshire; and for Indian Country lands located in Massachusetts, New 
Hampshire, and Maine.
    EPA Region II--for Puerto Rico and Indian Country lands located in 
New York. (On April 14, 1993, EPA proposed modifications to the 
baseline general permit issued in Puerto Rico to address changes to the 
401 certification conditions requested by the Environmental Quality 
Board (EQB) of Puerto Rico. On September 24, 1993 the changes became 
final. These modifications, however, did not alter the original 
issuance and expiration date of the baseline permit in Puerto Rico.)
    EPA Region III--for the District of Columbia and Federal facilities 
in Delaware.
    EPA Region IV--for the State of Florida; and for Indian Country 
lands located in Florida, Mississippi, and North Carolina.
    EPA Region VI--for the States of Louisiana, New Mexico, Oklahoma 
and Texas; and for Indian Country lands located in Louisiana, New 
Mexico (except Navajo lands and Ute Mountain Ute Reservation lands), 
Oklahoma, and Texas.
    EPA Region VIII--for the State of South Dakota; for Indian Country 
lands located in Colorado, Montana, South Dakota, North Dakota, Utah 
(except Goshute Reservation and Navajo Reservation lands), and Wyoming; 
for Federal facilities in Colorado; and for the Ute Mountain Ute 
Reservation in Colorado and New Mexico.
    EPA Region IX--for the State of Arizona; for the Territories of 
Johnston Atoll, American Samoa, Guam, and Midway and Wake Islands; and 
for Indian Country lands located in California, and Nevada; and for the 
Goshute Reservation in Utah and Nevada, the Navajo Reservation in Utah, 
New Mexico, and Arizona, the Duck Valley Reservation in Nevada and 
Idaho.
    EPA Region X--for the States of Alaska and Idaho; for Indian 
country lands located in Alaska, Idaho (except Duck Valley Reservation 
lands), and Washington; and for Federal facilities in Washington.
    Most of the above the areas were covered by the September 9, 1992 
notice of permit issuance. The September 25, 1992 notice covered only 
the States of Florida (except for Indian lands which were covered by 
the September 9, 1992 notice) and Massachusetts, the District of 
Columbia, Guam and American Samoa, Indian lands in New York and Federal 
facilities in Delaware. The baseline permit expires on September 9, 
1997 or September 25, 1997, depending on the area of applicability, and 
EPA is not proposing to reissue the baseline permit in those areas 
where the multi-sector general permit modification will become 
effective.
    (Please note that Part VII.B.--continuation of the Expired General 
Permit of the 1992 baseline general permit states that the baseline 
permit expires on October 1, 1997. At this time EPA believes the better 
reading is that the permits expire on September 9, 1997 and September 
25, 1997, as noted above. (Under the Clean Water Act an NPDES permit 
can only be issued for a maximum of five years.) As described above, 
the baseline permits became

[[Page 37450]]

effective on either September 9, 1992, or September 25, 1992, depending 
on location, and these are the dates from which the expiration date 
must be determined. Part VII.B. originally anticipated that the 
baseline permit would become effective on October 1, 1992, which it did 
not.)
    Today, EPA is proposing to transfer permit coverage from the 
baseline general permit to the multi-sector general permit (MSGP) which 
was originally issued on September 29, 1995 (60 FR 50804), and amended 
on February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), and 
September 24, 1996 (61 FR 50020). As a result, most industrial 
facilities previously permitted under the baseline permit (except for 
those located in certain excluded areas discussed below) would 
therefore be required to seek storm water permit coverage under the 
modified multi-sector permit or an individual permit.
    This action is consistent with the long-term permitting strategy 
for storm water discharges associated with industrial activity which 
was finalized on April 2, 1992 (57 FR 11394). This strategy includes 
the following four permitting tiers:
    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 long-term permitting strategy begins with baseline permitting 
as was done in 1992 with the baseline general permit. However, baseline 
permitting may not provide optimum water quality benefits since the 
same basic permit conditions are supplied to a wide variety of 
facilities operating in different geographic area. As such, the long-
term strategy also calls for additional permitting over time with more 
specific permit conditions developed for facilities in Tiers II, III 
and IV above.
    The MSGP is based on information received as a result of the group 
permit application process described at 40 CFR 122.26(c)(2). EPA 
received applications from approximately 1,200 groups representing 
nearly all of the categories of industrial facilities listed in the 
storm water regulations at 40 CFR 122.26(b)(14). To facilitate permit 
issuance for the group applications, EPA consolidated the groups into 
29 industrial sectors, with subsectors also included in certain sectors 
as appropriate.
    The group applications included information concerning the specific 
types of operations which are present at the different types of 
industrial facilities, potential sources of pollutants from the 
facilities, industry-specific best management practices (BMPs) which 
are available, and monitoring data from the different types of 
facilities. Using this information, EPA was able to develop sector-
specific BMPs for the MSGP which are better tailored to controlling the 
discharges of pollutants from the various facilities than the 
requirements of the baseline permit which only include generic BMP 
requirements which are applied across a wide variety of industries. In 
addition, the monitoring requirements of the MSGP are based on actual 
monitoring data rather than best professional judgment which is largely 
the case for the baseline permit.
    Given the above factors, EPA believes that the MSGP should provide 
improved water quality benefits as compared to the baseline permit. For 
this reason, and in accordance with the long-term permitting strategy, 
EPA is proposing to transfer permit coverage from the baseline permit 
to the MSGP after expiration of the baseline permit.
    As discussed in Section II below, the MSGP omitted coverage for a 
small number of categories of facilities which were authorized to 
discharge under the baseline general permit. As such, EPA is proposing 
to modify the coverage of the MSGP to include these categories in order 
that they may be eligible for coverage when transferring from the 
baseline permit to the MSGP. However, if this modification does not 
become effective prior to the expiration dates of the baseline general 
permit, the baseline permit can be automatically extended under 
provisions of the Administrative Procedures Act (APA). Under such an 
extension, existing facilities with coverage under the baseline permit 
may retain coverage under the baseline permit until the modified MSGP 
becomes effective for them. An extension could last anywhere from a 
number of additional days, weeks, or month. Regardless of the duration 
of the extension, any facility with coverage under the baseline that 
wants to retain coverage under the extended baseline permit, must 
submit a Notice of Intent between August 1, 1997 and two days (48 
hours) prior to the date of expiration of the baseline (on either 
September 9, 1997 or September 25, 1997, depending upon location) to 
remain covered under the extended baseline permit. Once the final 
modified multi-sector permit is issued, the extended baseline permit 
will expire 30 days later (except for facilities located in certain 
excluded areas as discussed below) and all facilities must than 
transfer to the multi-sector permit within the time frame allowed under 
the conditions of the modified multi-sector permit, or submit an 
individual permit application. For facilities where individual permits 
are required, baseline permit coverage would be extended until final 
determinations are made on the individual permit applications.
    The excluded areas where the baseline permit will continue to apply 
include the Island of American Samoa, Federal facilities in Colorado, 
and Indian Country lands located in Colorado (including the portion of 
the Ute Mountain Ute Reservation located in New Mexico), Montana, North 
Dakota, South Dakota (including the portion of the Pine Ridge 
Reservation located in Nebraska), Utah (except for the Goshute and 
Navajo Reservation lands (see Region IX)) and Wyoming. Maintaining 
storm water permit coverage under the baseline permit is necessary 
since the MSGP does not apply to facilities located in these areas, and 
the Agency is not proposing to expand the MSGP's scope of coverage to 
include them through this modification.
    There are also a few areas where the baseline permit was issued but 
not the MSGP, where the baseline permit is proposed nevertheless to be 
terminated. These areas as Indian Country lands in New York, North 
Carolina and Mississippi. Only a very small number of permittees exist 
in these areas and individual permits would be issued as needed.

II. Coverage of Proposed Modified MSGP

    The proposed modified multi-sector storm water permit will cover 
storm water discharges associated with industrial activity in most 
geographic areas where EPA is the NPDES permitting authority, described 
earlier in this fact sheet. In accordance with the long-term permitting 
strategy discussed above, EPA's intent when issuing the baseline 
general permit was to cover all of the categories of industrial 
facilities which may discharge storm water associated with industrial 
activity as defined at 40 CFR 122.26(b)(14). The baseline permit does 
include certain

[[Page 37451]]

generic coverage limitations which are also found in section I.B.3 of 
the MSGP. These exclusion include discharges such as those which may 
contribute to a violation of a water quality standard, and discharges 
which adversely affect endangered species or their critical habitat.
    As noted above, group applications were not received from all of 
the categories of facilities listed at 40 CFR 122.26(b)(14), and 
certain categories were not included in the MSGP which had been 
included in the baseline permit. In order to cover all the types of 
facilities to be transferred from the baseline permit, EPA is proposing 
to expand the coverage of the MSGP to authorize storm waster discharges 
from these additional categories of facilities.
    The MSGP already authorizes storm water discharges from a wide 
range of industrial facilities which are summarized below in Table 1:

             Table 1--Sector/Subsectors Covered by the MSGP             
------------------------------------------------------------------------
       Subsector                 SIC code          Activity represented 
------------------------------------------------------------------------
                        Sector A. Timber Products                       
------------------------------------------------------------------------
                                                                        
1*.....................   2421                     General Sawmills and 
                                                   Planning Mills.      
2......................   2491                     Wood Preserving.     
3*.....................   2411                     Log Storage and      
                                                   Handling.            
4*.....................   2426                     Hardwood Dimension   
                                                   and Flooring Mills.  
                          2429                     Special Product      
                                                   Sawmills, Not        
                                                   Elsewhere Classified.
                          243X** (except 2434)     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.               
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.   
9......................   3952 (limited to list)   Inks and Paints,     
                                                   Including China      
                                                   Painting Enamels,    
                                                   India Ink, Drawing   
                                                   Ink, Platinum Paints 
                                                   for Burnt Wood or    
                                                   Leather Work, Paints 
                                                   for China Painting,  
                                                   Artist's Paints and  
                                                   Artist's Watercolors.
------------------------------------------------------------------------
    Sector D. Asphalt Paving and Roofing Materials Manufacturers and    
                         Lubricant Manufacturers                        
------------------------------------------------------------------------
1*.....................   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......................   3241                     Hydraulic Cement.    
3*.....................   325X                     Structural Clay      
                                                   Products.            
                          326X (except 3261)       Pottery and Related  
                                                   Products.            
                         3297                     Non-Clay Refractories.
4*.....................   327X (except 3274)       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).          

[[Page 37452]]

                                                                        
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.          
------------------------------------------------------------------------
                    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.              
                          149X                     Miscellaneous        
                                                   Nonmetallic Minerals,
                                                   Except Fuels.        
------------------------------------------------------------------------
   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 (except 4221-       Motor Freight        
                          4225)                    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.          
------------------------------------------------------------------------

[[Page 37453]]

                                                                        
                        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. 
5......................   205X                     Bakery Products.     
6......................   206X                     Sugar and            
                                                   Confectionery        
                                                   Products.            
7*.....................   207X                     Fat and Oils.        
8......................   208X                     Beverages.           
9......................   209X                     Miscellaneous Food   
                                                   Preparations and     
                                                   Kindred Products.    
                          21XX                     Tobacco 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.....................   2732                     Book Printing.       
                          2752                     Commercial Printing, 
                                                   Lithographic.        
                          2754                     Commercial Printing, 
                                                   Gravure.             
                          2759                     Commercial Printing, 
                                                   Not Elsewhere        
                                                   Classified.          
                          2796                     Platemaking and      
                                                   Related Services.    
------------------------------------------------------------------------
   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.           
                          NA                       Facilities that Make 
                                                   Fertilizer Solely    
                                                   from Leather Scraps  
                                                   and Leather Dust.    
------------------------------------------------------------------------
                  Sector AA. Fabricated Metal Products                  
------------------------------------------------------------------------
1*.....................   3429                     Cutlery, Hand Tools, 
                                                   and General Hardware.
                          3441                     Fabricated Structural
                                                   Metal Products.      
                          3442                     Metal Doors; Sash,   
                                                   Frames Molding and   
                                                   Trim.                
                          3443                     Fabricated Plate Work
                                                   (Boiler Shops).      
                          3444                     Sheet Metal Work.    
                          3451                     Screw Machine        
                                                   Products.            
                          3452                     Bolts, Nuts, Screws, 
                                                   Rivets, and Washers. 
                          3462                     Metal Forgings and   
                                                   Stampings.           
                          3471                     Electroplating,      
                                                   Plating, Polishing,  
                                                   Anodizing, and       
                                                   Coloring.            
                          3494                     Valves and Pipe      
                                                   Fittings, Not        
                                                   Elsewhere Classified.
                          3496                     Miscellaneous        
                                                   Fabricated Wire      
                                                   Products.            
                          3499                     Miscellaneous        
                                                   Fabricated Metal     
                                                   Products.            
                          391X                     Jewelry, Silverware, 
                                                   and Plated Ware.     
2*.....................   3479                     Coating, Engraving,  
                                                   and Allied Services. 
------------------------------------------------------------------------

[[Page 37454]]

                                                                        
 Sector AB. Transportation Equipment, Industrial or Commercial Machinery
------------------------------------------------------------------------
NA.....................   35XX (except 357)        Industrial and       
                                                   Commercial Machinery 
                                                   (except Computer and 
                                                   Office Equipment).   
NA.....................   37XX (except 357)        Transportation       
                                                   Equipment (except    
                                                   Ship and Boat        
                                                   Building and         
                                                   Repairing).          
------------------------------------------------------------------------
    Sector AC. Electronic, Electrical, Photographic and Optical Goods   
------------------------------------------------------------------------
NA.....................   36XX                     Electronic,          
                                                   Electrical.          
                          38XX                     Measuring, Analyzing 
                                                   and Controlling      
                                                   Instrument;          
                                                   Photographic and     
                                                   Optical Goods.       
                          357                      Computer and Office  
                                                   Equipment.           
------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements. 
** X or XX denotes any number or numbers from 0 to 9 in the SIC code.   
NA indicates those industry sectors in which subdivision into subsectors
  was determined to be not applicable.                                  

    EPA has reviewed the categories of additional facilities to be 
added to the MSGP and also considered the coverage and existing 
requirements of the various sectors/subsectors already included in the 
MSGP. Based on this review, EPA believes for each category of facility 
to be added, a sector/subsector of the MSGP is available with 
appropriate BMP and monitoring requirements for the new categories. The 
new categories of facilities, and the sectors/subsectors in which they 
are proposed to be added, are summarized in Table 2 below. EPA is also 
proposing to add a new sector AD which will allow coverage for any 
regulated storm water discharge associated with industrial activity not 
described by any of the other sectors.

   Table 2.--Proposed Placement of Additional Facilities Into the MSGP  
------------------------------------------------------------------------
                SIC code                      MSGP sector/subsector     
------------------------------------------------------------------------
2833-2836--Medicinal chemicals and       Subsector i (Drugs) of Sector C
 botanical products; pharmaceutical       - Chemical and Allied Products
 preparations,; invitro and invivo        Manufacturing (Subsector i    
 diagnostic substances; biological        added to sector C - no        
 products, except diagnostic substances.  analytical monitoring         
                                          proposed).                    
2911--Petroleum refining...............  Sector I--Oil and Gas          
                                          Extraction.                   
3131--Boot and shoe cut stock and        Sector V--Textile Mills,       
 findings (leather soles, inner soles,    Apparel and other Fabric      
 other boot and finished wood heels).     Products.                     
3142-3144--house slippers; men's dress,  Sector V--Textile Mills,       
 street and work shoes; women's dress,    Apparel and other Fabric      
 street and work shoes.                   Products.                     
3149--Footwear, except rubber, include   Sector V--Textile Mills,       
 athletic shoes.                          Apparel and other Fabric      
                                          Products.                     
3151--Leather gloves and mittens.......  Sector V--Textile Mills,       
                                          Apparel and other Fabric      
                                          Products.                     
3161--Luggage and cases................  Sector V--Textile Mills,       
                                          Apparel and other Fabric      
                                          Products                      
3171--Women's handbags and purses,       Sector V--Textile Mills,       
 leather.                                 Apparel and other Fabric      
                                          Products                      
3172--Personal leather goods, e.g.,      Sector V--Textile Mills,       
 billfolds, key cases, coin purses,       Apparel and other Fabric      
 checkbooks, etc..                        Products                      
3199--Leather goods, not elsewhere       Sector V--Textile Mills,       
 classified, e.g. saddlery, belts,        Apparel and other Fabric      
 holsters, leather aprons.                Products                      
3231--Glass products, made of purchased  Subsector 1 (Glass Products) of
 glass.                                   Sector E - Glass, Clay,       
                                          Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3261--Vitreous china plumbing fixtures,  Subsector 3 (Structural clay   
 and china and earthenware fitting and    products, pottery and related 
 bathroom accessories.                    products and non-clay         
                                          refractories) of Sector E -   
                                          Glass, Clay, Cement, Concrete 
                                          and Gypsum Product            
                                          Manufacturing                 
3274--Lime, agricultural/building lime,  Subsector 4 (Concrete, Gypsum  
 dolomite, lime plaster.                  and Plaster Products) of      
                                          Sector E - Glass, Clay,       
                                          Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3281--Cut stone and stone products,      Subsector 1 (Glass Products) of
 benches, blackboards, table tops,        Sector E - Glass, Clay,       
 pedestals, etc..                         Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3291--Abrasive products................  Subsector 1 (Glass Products) of
                                          Sector E - Glass, Clay,       
                                          Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3292--Asbestos products, tiles,          Subsector 1 (Glass Products) of
 building materials, except paper,        Sector E - Glass, Clay,       
 insulating pipe coverings.               Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3296--Mineral wool, insulation.........  Subsector 1 (Glass Products) of
                                          Sector E - Glass, Clay,       
                                          Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
3299--Nonmetallic mineral products, not  Subsector 1 (Glass Products) of
 elsewhere classified, plaster of Paris   Sector E - Glass, Clay,       
 and paper-mache, etc.                    Cement, Concrete, and Gypsum  
                                          Product Manufacturing         
4221-5--Warehousing facilities without   Subsector 3 (Motor Freight     
 trucking services.                       Transportation and            
                                          Warehousing) of Sector P -    
                                          Land Transportation           
LF--Open dumps.........................  Sector L--Landfills and Land   
                                          Application Sites             
------------------------------------------------------------------------

    After permittee transfer to the MSGP occurs, the effluent 
limitations, monitoring requirements and other conditions of the MSGP 
would apply to facilities previously covered by the baseline general 
permit as appropriate. The requirements for the new categories of 
facilities which would be added to the MSGP would be those set forth in

[[Page 37455]]

the MSGP for the sectors/subsectors shown above in Table 2 Section III 
below discusses the differences between the baseline permit and the 
MSGP and the requirements for transferred facilities.
    EPA will maintain NPDES permitting authority over oil and gas 
exploration and production related industries, and pipeline operations, 
which are regulated by the Oklahoma Corporation Commission (see 61 FR 
65049) Oklahoma received NPDES program authorization for only those 
discharges covered by the authority of the Oklahoma Department of 
Environmental Quality (ODEQ)

III. Requirements for Transferred Facilities

    In today's document, EPA is making certain clarifications and 
interpretations regarding how certain conditions of the MSGP will apply 
to permittees transferring from the baseline general permit. These 
interpretations and clarifications address: (1) deadlines for SWPPP 
revisions and implementation for transferring permittees; (2) MSGP 
sampling schedules and sample types (3) the submittal of sample data 
(4) applicability of certain limitations; (5) interpretation of the 
expiration date of the baseline industrial general permit; (6) 
interpretations of the timeframes for submittal of an NOI for APA 
extension of the baseline general permit; (7) the applicability of the 
Endangered Species Act (ESA) and National Historic Preservation Act 
(NEPA); (8) the applicability of the co-located activities 
requirements; (9) use of the NOI form, (10) applicability of the new 
North American Industry Classification System (NAICS) (11) non-storm 
water discharges; (12) releases of reportable quantities of hazardous 
substances and oil, and (13) exemptions from analytical monitoring. 
These clarifications were discussed below.
    The requirements of the MSGP, including sector-specific 
requirements were described in detail in the fact sheet accompanying 
the original issuance of the MSGP (September 29, 1995, 60 FR 50804) and 
is incorporated by reference into this fact sheet. All transferring 
facility operators should acquire a copy of the 1995 multi-sector 
general permit and study it carefully to ensure full compliance with 
all terms and conditions. Certain important requirements for 
facilities, which transfer to the MSGP from the baseline general permit 
are emphasized below.

A. Notification Requirements

    To obtain coverage under the modified MSGP, facilities which were 
previously authorized to discharge under the baseline permit must 
submit a Notice of Intent (NOI) not later than 30 days after the 
effective date of the MSGP modification. During this 30 day time 
period, if beyond the expiration dates of the baseline permit, 
permittees would have the opportunity to maintain storm water discharge 
authorization under the 1992 baseline general permit if each permittee 
acquires extended coverage in accordance with the provisions of the 
Administrative Procedures Act.
    To maintain extended coverage under the 1992 baseline permit after 
its expiration dates (September 9, 1997, or September 25, 1997 
(depending on geographic location)) a permittee must submit a new NOI 
requesting extended coverage. This NOI must be postmarked between 
August 1, 1997 and not later than two days (48 hours) before September 
9, 1997, or not later than two days (48 hours) before September 25, 
1997 (depending on the geographic location). Once this is done, the 
baseline permit conditions would continue to apply during the entire 
time period prior to the applicability of the modified NSGP since the 
termination date of the APA extended baseline permit would be 30 days 
after the effective date of the modified MSGP. If a timely NOI for APA 
extension under the baseline general permit is filed, the requirements 
of the baseline general permit would continue to apply and coverage 
under the NSGP is perfected at which time the baseline general is 
terminated.
    It is EPA's intent to have the effective date of the MSGP 
modification be the date of publication in the Federal Register due to 
the need to provide for permit coverage of new facilities, this will 
after new facilities seeking coverage under the modification. Existing 
facilities covered by the baseline general permit, will have 30 days to 
switch to the modified MSGP. For this reason, the termination of the 
baseline general permit will be effective 30 days after the date of 
publication of the MSGP modification, consistent with the APA and 
normal rules for permit effective dates.
    If for some reason the termination date of the baseline general 
permit would be after the otherwise effective expiration date of the 
baseline general permit, this approach is still permissible EPA's 
proposed approach is different from modifying an expired, as EPA is 
proposing an intention not to reissue the previous baseline general 
permit. If EPA were issuing an individual permit, EPA could always 
issue a ``permit denial.'' EPA's proposed approach is the general 
permit analong to such NPSDES permitting action and may not be taken by 
EPA in all situations.
    Once the multi-sector permit modification becomes effective the 
permittee must then submit a second NOI, which would be due not later 
than 30 days after the effective date of the MSGP modification to gain 
permit coverage under the modified multi-sector permit.
    Under today's proposed modification, Part II.A.9 would be added to 
the MSGP which would include a 30-day period after the effective date 
of the modified MSGP for submittal of an NOI for facilities 
transferring to the MSGP. The NOI form currently is use for the MSGP 
can be found in Addendum B to the MSGP published on September 29, 1995 
(60 FR 51265). For convenience, this form is also attached to this 
proposed modification. This NOI form must also be used to request 
extended coverage under the baseline permit in accordance with the APA. 
To extend coverage for the baseline permit, the permittee must check 
the box labeled ``Baseline Industrial'' in item number I- Permit 
Selection and submit the NOI to the NOI Center mailing address noted 
below.
    For a permittee currently under the baseline general permit who's 
currently eligible to voluntarily transfer to the multi-sector permit 
they may do so prior to expiration of the baseline permit. These 
permittees must complete and submit a new NOI and check the box labeled 
``Multi-Sector'' in item number I- Permit Selection, of the form.
    The NOI form for the MSGP differs from the form for the original 
1992 baseline permit in that new requirements have been added to ensure 
compliance the National Historic Preservation Act (NHPA) and Endangered 
Species Act (ESA). The requirements are described in Section II.A of 
the September 29, 1995 fact sheet to the multi-sector permit and are 
repeated below (as applicable to facilities transferring permit 
coverage) for convenience. These special conditions would not be 
applicable to facilities requesting extended baseline permit coverage 
under the APA.
1. Historic Preservation
    The 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 for 
discharges that will affect historic properties unless measures will be 
taken such a 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

[[Page 37456]]

or prevent adverse effects to the historic property. Storm water 
discharges may only be covered under the MSGP if the discharges (and 
BMPs to control pollutants in the discharges) will not affect a 
historic property that is listed or is eligible to be listed in the 
National Register, or the operator has obtained and is in compliance 
with a written agreement signed by the SHPO that outlines measures to 
be taken to mitigate or prevent adverse effects to the historic site. 
Provided there are no other factors limiting permit eligibility, MSGP 
coverage will then be granted 48 hours after the postmark date on the 
envelope used to mail the NOI.
    The NOI form for the MSGP requires a certification by discharges 
that their discharges and accompanying BMPs will comply with the 
requirements of the NHPA. Facilities being transferred from the 
baseline permit which cannot make this certification must submit 
individual permit applications to the permitting authority in 
accordance with the time frames set forth above for NOI submittal. 
Agency officials have notified representatives of the ACHP of this 
permit modification and the approach being taken.
2. Endangered Species
    The 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 nay 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 the MSGP on April 5, 1995. The terms 
and conditions of the MSGP reflect the results of that consultation and 
would not be changed in any way, or otherwise affected, with this 
proposed modification. EPA has initiated informal consultation with the 
Services on this proposed modification. As with all facilities 
currently permitted under the MSGP, these conditions apply to all 
facilities to be transferred to the MSGP form the baseline permit.
    Under the MSGP, storm water discharges that are likely to adversely 
affect species identified in Addendum H of the MSGP are not authorized 
permit coverage under the MSGP. 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 (SWPPP) are 
likely to adversely affect a species identified in Addendum H. Addendum 
H can be found in the September 29, 1995 notice for the MSGP.
    To be eligible for coverage under the MSGP, facilities which are 
being transferred from the baseline permit must review the list of 
species and their locations which are contained in Addendum H of the 
MSGP 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, than there is no likelihood of 
an adverse effect 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 MSGP permit coverage 48 hours after the date of the postmark on 
the envelope used to mail the NOI form, provided there are no other 
factors limiting permit eligibility.
    If species identified in Addendum H are found to be located in the 
same county as the facility seeking MSGP coverage, then the applicant 
must determine whether the species are in proximity to the storm water 
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. The environmental 
baseline generally includes the past and present impact of all Federal, 
state and private actions that were occurring at the time the initial 
NPDES authorization and current ESA section 7 action by EPA was taken. 
Therefore, if a permit applicant has received previous authorization 
and nothing has changed or been added to the environmental baseline 
established in the previous authorization, then coverage under this 
permit will be provided.
    In the absence of such previous authorization, if species 
identified in Addendum H are in proximity to the discharges or 
construction areas for 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, as described in the instructions in Addendum H 
of the permit. If the applicant determines that 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 MSGP coverage.
    All dischargers applying for coverage under the MSGP must provide 
in the application information on the Notice of Intent form: (1) A 
determination as to whether there are any species identified in 
Addendum H in proximity to the storm water discharges and BMP 
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 (including those being transferred to the MSGP from the 
baseline permit) who are not able to determine whether there will be 
any adverse effect on species, cannot sign the certification to gain 
coverage under the MSGP and must apply to EPA for an individual NPDES 
storm water permit. The deadlines for the individual applications are 
the same as those given above for the NOIs for facilities transferred 
from the baseline permit. As appropriate, EPA will conduct ESA section 
7 consultation when issuing such individual permits.
    Regardless of the above conditions, EPA may require that a 
permittee apply for an individual NPDES permit on the

[[Page 37457]]

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. Fish and Wildlife Service (as well as any 
other interested parties) may petition EPA to require that a permittee 
obtain an individual NPDES permit. The permittee is also required to 
make the SWPPP, annual site compliance inspection report, or other 
information available upon request to the Assistant Administrator for 
Fisheries for the National Oceanic and Atmospheric Administration, or 
his/her authorized representative, or the U.S. Fish and Wildlife 
Service Regional Director, or his/her authorized representative.
    These mechanisms allow for the broadest and most efficient coverage 
for the permittee while still providing for the most efficient 
protection of endangered species. They significantly reduce the number 
of dischargers that must be considered individually and therefore allow 
the Agency and the Services to focus their resources on those 
discharges that are indeed likely to adversely affect water-dependent 
listed species. Straightforward mechanisms such as these allow 
applicants more immediate access to permit coverage, and eliminates 
``permit limbo'' for the greatest number of permitted discharges. At 
the same time it is more protective of endangered species because it 
allows both agencies to focus on the real problems, and thus, provide 
endangered species protection in a more expeditious manner.
3. North American Industry Classification System
    EPA recognizes that a new North American Industry Classification 
System (NAICS) was recently adopted by the Office of Management and 
Budget (62 FR 17288, April 9, 1997). NAICS replaces the 1987 standard 
industrial classification (SIC) code system for the collection of 
statistical economic data. However, the use of the new system for 
nonstatistical purposes is optional. EPA considered the use of NAICS 
for the modified multi-sector permit, but elected to retain the 1987 
SIC code system since the storm water regulations (40 CFR 
122.26(b)(14)) reference the existing system and this system has 
generally proven to be adequate. EPA will address the new NAICS system 
in future rulemaking.

B. Special Conditions

    The MSGP includes certain special conditions which are similar to 
corresponding conditions found in the baseline general permit. Except 
for the requirements for co-located facilities (Section III.B.3 below), 
permittees which have been operating under the baseline permit should 
generally be familiar with these requirements already.
1. Non-Storm Water Discharges
    Non-storm water discharges are generally not authorized by either 
the MSGP or the baseline permit. However, both permits do authorize a 
list of minor non-storm discharges such as fire hydrant flushings, 
potable water sources, routine external building washdown water, 
uncontaminated ground water and certain other discharges, provided the 
discharges are identified in the SWPPP and appropriate pollution 
prevention measures are included for the discharges. In addition, 
permittees should also check the sector-specific SWPPP requirements in 
the MSGP for any additional requirements pertaining to non-storm water 
requirements.
2. Releases of Reportable Quantities of Hazardous Substances and Oil
    The MSGP and the baseline general permit include the same 
conditions pertaining to releases of reportable quantities of hazardous 
substances and oil. Such releases must be reported to the National 
Response Center and the permitting authority, and the SWPPP must be 
amended to prevent such discharges in the future.
3. Co-Located Industrial Facilities
    The MSGP includes a special condition pertaining to co-located 
facilities which was not included in the baseline general permit (see 
60 FR 50813). If an industrial plant includes co-located facilities 
which fall into more than one sector of the MSGP, then the sector-
specific SWPPP and monitoring requirements for both sectors apply to 
the industrial plant overall. The baseline permit had required that 
when an industrial plant includes facilities which fall into more than 
one monitoring category, then the facility overall must comply with the 
monitoring requirements of both categories. However, the baseline 
permit did not include sector-specific BMP requirements. In addition, 
both the baseline permit and the MSGP provide that if monitoring for 
the same parameter is required for more than one category (or sector), 
then only one sample analysis is required for that parameter.

C. SWPPP Requirements

    Both the baseline general permit and the MSGP require that 
permittees develop and implement SWPPPs to control the discharge of 
pollutants in storm water discharges. The SWPPPs required by the 
baseline permit included various generic BMPs for all categories of 
facilities covered by the permit. The following is a summary of the 
requirements:
     Pollution Prevention Team--the SWPPP must identify the 
individuals who are responsible for development and implementation of 
the SWPPP.
     Site Evaluation--the SWPPP must include a map of the 
facility and an assessment of the potential sources of storm water 
pollution at the facility.
     Generic BMPs including good housekeeping, preventive 
maintenance, spill prevention and response, employee training, record 
keeping, non-storm water discharge evaluation, erosion control measures 
and storm water management measures as appropriate.
     Comprehensive site inspection/compliance evaluation.
     Special requirements for Emergency Planning and Community 
Right to Know Act (EPCRA) section 313 facilities.
    The baseline general permit required that covered facilities 
develop their SWPPPs no later than April 1, 1993, and come into 
compliance with their SWPPPs by October 1, 1993. The MSGP (as amended 
on February 9, 1996, 61 FR 5248) required that covered facilities 
develop and implement their SWPPPs by September 25, 1996. However, the 
MSGP also allows up to 3 years after permit finalization (i.e., no 
later than September 29, 1998) for completion of control measures 
identified in the SWPPP which involve construction.
    The SWPPP which is required by the MSGP includes the same basic 
BMPs which are found in the baseline general permit and also sector-
specific BMPs which are unique to the types of facilities in the 
various sectors. As such, the SWPPPs which have been developed by 
facilities which are currently operating under the baseline permit 
should already include the basic requirements of the MSGP. However, 
facilities which are transferred to the MSGP from the baseline permit 
will have to review the sector-specific BMP requirements of the MSGP 
and, as needed, upgrade their SWPPPs to

[[Page 37458]]

comply with the requirements of the MSGP. Appendix A to this fact sheet 
summarizes the sector-specific requirements of the MSGP, including 
sector-specific SWPPP requirements, monitoring requirements (with a 
comparison to baseline permit requirements), numeric effluent 
limitations and inspection requirements. A more detailed description 
can be found in Section VIII of the September 29, 1995 fact sheet.
1. Deadline for SWPPP Revision and Implementation for Transferred 
Facilities
    EPA is proposing to add a special deadline to the MSGP for SWPPP 
revision and implementation for transferred facilities. The proposed 
modified MSGP would require SWPPP modification and implementation 
within 90 days after the effective date of the MSGP modification. 
However, to implement control measures involving construction, 
transferred facilities would have until September 29, 1998, which is 
the original deadline for implementing constructed BMPs under the MSGP. 
During the time period prior to SWPPP upgrade, the existing 
requirements of the baseline permit would apply and would be 
incorporated into the MSGP.
2. Special Requirements for Facilities Subject to EPCRA Section 313 
Requirements
    The MSGP includes the same special BMP requirements for facilities 
subject to the reporting requirements of section 313 of the EPCRA as 
are found in the baseline general permit. Both permits require certain 
additional BMPs for facilities which are required to report for ``water 
priority chemicals.'' However, the list of such chemicals in the MSGP 
(Addendum F of the MSGP differs somewhat from the list in the baseline 
permit due to changes in EPCRA reporting requirements which occurred 
subsequent to the issuance of the baseline permit. As such, facilities 
transferring to the MSGP should check the MSGP's list of ``water 
priorities chemicals'' to determine whether the special EPCRA 
requirements would apply.
    The baseline permit also requires that the SWPPP for facilities 
subject to EPCRA Section 313 be certified by a professional engineer 
every 3 years. However, the MSGP only requires certification in 
accordance with the regular signatory requirements of the permit, i.e., 
by a responsible corporate official.
    The MSGP also provides an exemption from the EPCRA Section 313 
requirements for situations where an operator certifies that all water 
priority chemicals which are handled and/or stored on-site are only in 
gaseous or non-soluble liquid or solid forms (at atmospheric pressure 
and temperature). This exemption was not included in the baseline 
permit, and some facilities may be eligible for this exemption upon 
transfer from the baseline permit to the MSGP.

D. Monitoring and Reporting Requirements

    Both the baseline general permit and the MSGP include analytical 
storm water monitoring requirements for certain categories of 
dischargers. However, the requirements differ somewhat with regard to 
the parameters for which sampling and analysis are required, and the 
industrial categories which are affected. In addition, the MSGP (Sector 
M) does not include the provision in the baseline permit for auto 
recyclers that monitoring only be required for facilities above a 
certain size. The group application monitoring data did not support 
such an exemption.
    Appendix A to this fact sheet summarizes the monitoring 
requirements of the MSGP, and the differences from the baseline permit. 
Additional information can be found in the fact sheets accompanying the 
issuance of the baseline permit (see 57 FR 41248) and the MSGP (see 60 
FR 50822). Facilities which are transferred to the MSGP from the 
baseline permit will be required to comply with the requirements of the 
MSGP. The key differences are discussed below.
1. Sampling Schedule
    The MSGP differs from the baseline permit with regards to the 
schedule for analytical monitoring. The baseline permit had required 
monitoring for certain facilities once or twice each year during the 
term of the permit. The MSGP, however, requires monitoring quarterly, 
as appropriate, during years 2 and 4 of the term of the permit. For 
purposes of this monitoring, year 2 runs from October 1, 1996, through 
September 30, 1997. For transferred facilities and other dischargers 
obtaining MSGP coverage after September 30, 1997 (i.e., new 
dischargers, existing unpermitted dischargers and dischargers 
transitioning industrial storm water discharge permit coverage from an 
individually drafted NPDES permit to the MSGP), EPA is proposing that 
monitoring would only be required in year four (October 1, 1998, 
through September 30, 1999) since year two will be completed or largely 
completed prior to any permit transfers.
    Also, as discussed below in Section III.E, both the baseline permit 
and the MSGP authorize certain discharges subject to numeric effluent 
limitations. Section III.E discusses the limits, and the sampling and 
reporting requirements.
2. Sample Type
    The baseline general permit requires grab and composite sampling 
for most parameters. As an alternative, the baseline permit also 
provides that one grab sample may be taken from a holding pond with a 
retention period greater than 24 hours. The requirements of the MSGP, 
however, have been simplified in that only a grab sample is required 
for all sectors except Sector S (air transportation) where grab and 
composite samples are required. Both the baseline permit and MSGP 
require that the grab sample be taken within the first 30 minutes of 
the discharge, unless this is impractical, in which case sampling is 
required within the first hour of discharge.
3. Quarterly Visual Examination Requirements of the MSGP
    The MSGP requires quarterly visual examinations of storm water 
discharges for all sectors except Sector S, which covers air 
transportation. A full description of the requirements for the visual 
examinations is found in Section VI.E.8 of the fact sheet accompanying 
the issuance of the MSGP. Basically, the MSGP requires that grab 
samples of storm water discharges be taken and examined visually for 
the presence of color, odor, clarity, floating solids, settled solids, 
suspended solids, foam, oil sheen or other obvious indicators of storm 
water pollution. The grab samples must be taken within the first 30 
minutes after storm water discharges begin, or as soon as practicable, 
but not longer than 1 hour after discharges begin. The sampling must be 
conducted quarterly during the following time periods: January-March, 
April-June, July-September and October-December of each year. The 
reports summarizing these quarterly visual storm water examinations 
must be maintained on-site with the SWPPP.
    The baseline general permit did not include requirements for visual 
examinations and facilities which are transferred to the MSGP will have 
to comply with these additional sampling requirements. For transferred 
facilities, these sampling requirements would begin in the first full 
calendar quarter of coverage of the MSGP. EPA believes that this type 
of sampling provides an

[[Page 37459]]

inexpensive means for permittees to quickly assess the effectiveness of 
their SWPPPs and make any necessary modifications to address the 
results of the visual examinations.
4. Exemptions from Analytical Monitoring
    Both the MSGP and the baseline general permit include certain 
provisions for exemptions from analytical monitoring. Both permits 
provide that facilities need not monitor if they certify that no 
significant materials or industrial activities are exposed to storm 
water. For the MSGP, however, the certification is on a pollutant-by-
pollutant basis, i.e., if there are no exposed sources of a particular 
pollutant, then monitoring for that pollutant need not be conducted. 
For the baseline permit, monitoring must be conducted for the entire 
suite of pollutants required by the permit if any industrial materials 
or activities are exposed.
    The MSGP also includes an exemption from monitoring (again on a 
pollutant-by-pollutant basis) in the fourth year of the permit if the 
monitoring results of the second year are below certain benchmark 
values which are found below in Table 3:

                  Table 3.--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.....................  0.0024 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)....................  0.117 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 believes that monitoring results below these benchmarks 
indicate that a generally effective SWPPP is being implemented at a 
facility, and that further monitoring should not be required. The 
exemption also provides an incentive for facilities to implement an 
effective SWPPP, which will reduce pollutant discharges.
    The baseline permit requires continued analytical monitoring for 
certain categories of facilities throughout the term of the permit 
regardless of sampling results. For facilities which are transferred to 
the MSGP from the baseline permit, EPA is proposing that monitoring not 
be required in year 4 for particular pollutants if the average of the 
two most recent monitoring results conducted for the baseline permit 
are below the benchmarks. However, if monitoring was not conducted for 
the appropriate pollutants, then the exemption would not be available. 
In addition, the exemption would not be available if the industrial 
activities at a facility have changed such that the most recent 
monitoring results do not reflect current activities.
    It should also be pointed out that the monitoring exemption 
discussed above based on the absence of exposure at a facility is 
available in year 4 of the MSGP regardless of past monitoring results. 
This exemption is available for facilities already covered by the MSGP 
and those to be transferred to the MSGP from the baseline permit. EPA 
believes that the exemption provides an incentive for facilities to 
eliminate exposure of materials and activities to storm water, thereby 
reducing pollutant discharges. We should also point out, however, that 
the discharges discussed in Section III E below which are subject to 
numeric effluent limitations are not eligible for any of the exemptions 
from monitoring.
5. Reporting Requirements
    The baseline permit requires annual reporting of analytical 
monitoring results for those facilities subject to semi-annual 
monitoring. Facilities which are subject to annual monitoring must 
retain the results on-site. The MSGP requires that monitoring results 
be submitted to the permitting authority at the end of each year in 
which sampling is required (postmarked by March 31 of the year 
following the monitoring period, e.g., by March 31, 1998, for the year 
two monitoring period). The results of the quarterly visual 
examinations need not be submitted, but must be retained on-site in the 
SWPPP.

E. Numeric Effluent Limitations

    The MSGP includes the same numeric effluent limitations for coal 
pile runoff as are found in the baseline permit. These limits are: (1) 
Maximum of 50 mg/L for total suspended solids (TSS) and a pH range of 
6-9 standard units. Any untreated overflow from facilities designed, 
constructed and operated to treat the runoff associated with a 10-year, 
24-hour rainfall event is not

[[Page 37460]]

subject to the 50 mg/L limit for TSS. Dischargers previously covered 
under the baseline permit must be compliant with this limitation upon 
submittal of the NOI for coverage under multi-sector permit.
    The baseline general permit had not authorized any storm water 
discharges subject to numeric ELGs. The MSGP, however, does authorize 
certain storm water discharges subject to ELGs including the coal pile 
runoff at steam electric power plants mentioned above, and for the 
following categories: phosphate fertilizer manufacturing (40 CFR part 
418), asphalt paving and roofing emulsions (40 CFR part 443), and 
cement manufacturing materials storage pile runoff (40 CFR part 411). 
In addition, the MSGP currently authorizes mine dewatering discharges 
from construction sand and gravel, industrial sand and crushed stone 
facilities (40 CFR Part 436) in Region VI and Arizona. (As discussed 
below in section III.F.1, this proposed modification to the MSGP would 
expand this mine dewatering authority to also include certain areas in 
EPA Regions II and X.) These numeric effluent limitations can be found 
in Appendix A to this fact sheet.
    The baseline permit requires semi-annual monitoring (with annual 
reporting) of coal pile runoff. However, the MSGP only requires annual 
monitoring for all of the discharges subject to numeric effluent limits 
(except mine dewatering discharges in Sector J where the monitoring 
frequency is quarterly). The annual monitoring periods run from October 
1 through September 30 of each year, and reporting is required by 
November 30 of each year. The quarterly monitoring results are due no 
later than the last day of the month following the collection of the 
sample.

F. Miscellaneous Proposed Permitting Actions

    In today's notice, EPA is also proposing the following limited 
specific changes to the MSGP as published on September 29, 1995 (60 FR 
50804): (1) Authorization of mine dewatering discharges from 
construction sand and gravel, industrial sand and crushed stone mines 
in non-NPDES areas of EPA Regions II and X, (2) inclusion in Sector A 
of the MSGP of the effluent limitation guideline in 40 CFR part 429 
Subpart I for discharges resulting from spray down of lumber and wood 
products in storage yards (wet decking), (3) clarification that Sectors 
X and AA authorize discharges from all facilities in major SIC groups 
27 and 34 respectively, and (4) addition of new sector (sector AD) to 
the MSGP to authorize discharges from Phase I facilities which may not 
fall into one of the sectors of the modified MSGP, and selected Phase 
II discharges which are designated for permitting in accordance with 40 
CFR 122.26(g)(1)(i). These are discussed below.
1. Coverage of Mine Dewatering Discharges in EPA Regions II and X
    Sector J of the final MSGP authorizes mine dewatering discharges 
composed entirely of storm water or ground water seepage from 
construction sand and gravel, industrial sand and crushed stone mines 
in EPA Region VI states and Arizona. These discharges are subject to 
effluent limitations guidelines found at 40 CFR part 436, subparts B, C 
and D. An individual permit or an alternative general permit are 
currently necessary for the discharges in areas other than Region VI 
and Arizona. For increased permitting flexibility, EPA is proposing to 
extend this authorization to facilities in the non-NPDES portions of 
the Regions II and X. These areas include Puerto Rico in Region II, and 
in Region X the States of Idaho (except Duck Valley Reservation lands) 
and Alaska, Federal facilities in the State of Washington, and Federal 
Indian Reservations in the States of Washington and Oregon (except Fort 
McDermitt Reservation lands in Oregon). This proposed action will avoid 
the need to issue individual NPDES permits, or an alternate general 
permit for discharges in these areas.
2. Discharges Resulting From Spray Down of Lumber and Wood Products in 
Storage Yards in Sector A
    The MSGP authorizes non-storm water discharges resulting from the 
spray down of lumber and wood products in storage yards (wet decking), 
provided that no chemical additives are used in the spray and no 
chemicals are applied to the wood during storage. The MSGP, however, 
inadvertently omitted the numerical effluent limitation guideline in 40 
CFR part 429, Subpart I which applies to such discharges. Accordingly, 
EPA is proposing to modify the MSGP to incorporate the applicable 
effluent limitation guideline and appropriate monitoring requirements 
for clarification.
    The numerical limits which apply to these non-storm water 
discharges are: there shall be no debris discharged and the pH shall 
range from 6.0 to 9.0. The term ``debris'' refers to woody material 
such as bark, twigs, branches, heartwood or sapwood that does not pass 
through a 2.54 cm (1.0 inch) diameter round opening and is present in 
the discharge from a wet storage facility. EPA is proposing to include 
these effluent limitations and also include a requirement for annual 
monitoring of the discharges.
3. Clarification of Coverage in Sectors X and AA of the MSGP
    Sectors X and AA of the MSGP contain narrative descriptions of 
industrial activities, SIC code major group listings and specific four 
digit SIC codes listings for which coverage would be available. These 
three methods of describing the types of industry allowed coverage 
under these two sectors has proven to be confusing and EPA is now 
proposing to clarify the coverage of these two sectors in this 
modification.
    Sector X was intended by EPA to cover all industry in major SIC 
group 27 (printing, publishing and allied industries), and sector AA 
was intended to cover all industry in major SIC group 34. EPA has been 
accepting NOIs from all facilities within these two major SIC groups, 
regardless of the four digit SIC code listings, which mistakenly, have 
been interpreted to be more restrictive. Through this clarification, 
EPA wants to make it clear that all qualifying industries in these two 
major groups can make use of the multi-sector storm water general 
permit.
4. Addition of Sector AD to the MSGP
    EPA is also proposing to add another sector to the MSGP (Sector AD) 
to cover discharges from Phase I facilities which may not fall into one 
of the sectors of the proposed modified MSGP, and to provide a readily 
available means for covering many of the Phase II storm water 
facilities which are designated for permitting prior to the permit 
application deadline for Phase II sources of August 7, 2001. As 
discussed earlier, EPA is proposing to modify the MSGP to include all 
facilities which were authorized under the baseline general permit, but 
excluded from the MSGP. Although EPA believes that all such previously 
excluded facilities have been identified and included in the proposed 
modified MSGP, Sector AD is also proposed to be added to cover any 
inadvertent omissions.
    For Phase II storm water sources, NPDES regulations at 40 CFR 
122.26(g)(1)(i) provide that permit applications may be required within 
180 days of notice for discharges which contribute to a violation of a 
water quality standard, or are determined to be significant sources of 
pollutants. For discharges other than municipal separate storm sewer 
discharges, 40 CFR 122.26(g)(2) provides that individual permit 
applications may be required in accordance with 40 CFR 122.26(c)(1), or

[[Page 37461]]

an NOI under a general permit may be required. Sector AD would provide 
a means through which general permit coverage could be obtained for 
many designated Phase II facilities and as such, would facilitate 
implementation of the requirements of 40 CFR 122.26(g)(1)(i). However, 
for cases where Sector AD is inappropriate, individual permits or an 
alternate general permit would be required. In addition, part I.B.3.f 
of the MSGP does not authorize coverage for discharges which may be 
contributing to a violation of a water quality standard. As such, for 
discharges permitted under 40 CFR 122.26(g)(1)(i), Sector AD could only 
be used for discharges which are determined to be a significant source 
of pollutants.
    Sector AD is proposed to be added in part XI.AD of the MSGP. The 
SWPPP requirements for this sector would be the same as in the baseline 
general permit to ensure flexibility given the broad universe of 
potential types of facilities which may be covered. Also, no analytical 
monitoring requirements are proposed for the new sector; however, 
quarterly visual examinations would be required as in most other 
sectors. In addition, the requirements common to all sectors of the 
MSGP which are set forth in parts I-X and XII of the MSGP would also 
apply to Sector AD.

G. Response to National Mining Association Concerning Sector G of the 
MSGP

    As discussed above, the MSGP authorizes selected storm water 
discharges subject to ELGs. However, Sector G for the ore mining 
industry is not among the sectors for which the MSGP authorizes such 
discharges. In section VIII.G of the fact sheet for the MSGP, EPA 
provided a table (Table G-4) regarding the applicability of ELGs to 
storm water discharges from ore mining operations. On October 10, 1995, 
the National Mining Association challenged the interpretations of the 
ELGs contained in Table G-4, particularly the broad interpretation of 
the term ``mine drainage'' to include runoff from waste rock and 
overburden (National Mining Ass'n versus EPA, No. 95-3519 (8th Cir.)).
    During oral argument in this litigation, EPA indicated that it 
would prepare another notice regarding the applicability of ELGs to 
mining operations addressing some of the sources of concern. Because 
some mining operations may have filed NOIs under the baseline permit 
based on an interpretation of the ELGs that differed from the Agency 
interpretation published in the MSGP, in the upcoming EPA notice (which 
is expected in July, 1997) the Agency may provide additional 
information regarding the eligibility for coverage under the MSGP when 
it takes final action. Because this notice may affect continuing 
authorization from storm water discharges from mining operations 
transferring from the baseline permit to the MSGP, affected mining 
operations should consult the upcoming notice regarding the ELGs. After 
publication of that notice, permittees operating under the baseline 
permit should call the EPA Regional storm water contacts listed below 
in section III. H if they have questions concerning the clarification 
or the eligibility of their discharges under the MSGP.

H. Regional Offices

    Notice of Intent Address. Notices of Intent to be authorized to 
discharge under the MSGP should be sent to:
    Storm Water Notice of Intent (4203), USEPA, 401 M Street, S.W., 
Washington, DC 20460.
    For further information, please call the appropriate EPA Regional 
storm water contacts listed below:
     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, Contact: Thelma Hamilton (617) 565-3569.
     PR, EPA, Region II, Division of Environmental Planning and 
Protection (2DEPP-WPB) Storm Water Staff, 290 Broadway, New York, NY 
10007-1866, Contact: Sergio Bosques (212) 637-3717.
     DC and Federal Facilities in DE, EPA, Region III, Water 
Protection Division, (3WP13), Storm Water Staff, 841 Chestnut Building, 
Philadelphia, PA 19107, Contact: Elaine Harbold (215) 566-5744.
     FL and Federal Indian Reservations in FL, EPA, Region IV, 
Water Management Division, Surface Water Permits Section (SWPFB), 61 
Forsyth Street, SW., Atlanta, GA 30303-3104, Contact: Floyd Wellborn 
(404) 562-9296.
     NM and TX; Federal Indian Reservations in LA, NM (Except 
Navajo and Ute Mountain Ute Reservation Lands), OK, and TX; and oil and 
gas exploration and production related industries, and pipeline 
operations, which are regulated by the Oklahoma Corporation Commission, 
EPA, Region VI, NPDES Permits Oversight Team (6WQ-PO), 1455 Ross 
Avenue, Dallas, TX 75202-2733.
    For all facilities in NM and facilities on Indian Country lands in 
OK, contact Brian Burgess (214) 665-7534.
    For all facilities in TX and facilities on Indian Country lands in 
LA and oil/gas/pipeline related industries in OK contact Lowell Seaton 
(214) 665-8304.
     AZ, Johnston Atoll, Guam, 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, EPA, 
Region IX, Water Management Division, (WTR-5), Storm Water Staff, 75 
Hawthorne Street, San Francisco, CA 94105, Contact: Eugene Bromley 
(415) 744-1906.
     AK and ID; Federal Indian Reservations in AK, ID (except 
the Duck Valley Reservation), OR (except the Fort McDermitt 
Reservation), and WA; and Federal facilities in WA, EPA, Region X, 
Office of Water (OW-130), Storm Water Staff, 1200 Sixth Avenue, 
Seattle, WA 98101, Contact: Joe Wallace (206) 553-8399.

IV. Cost Estimates

    Cost estimates for the MSGP were included with final fact sheet 
accompanying the issuance of the MSGP on September 29, 1995 and are not 
being repeated here. However, costs for the facilities being 
transferred to the MSGP from the baseline permit are expected to be 
lower than for those initially applying for coverage under the MSGP 
since the transferred facilities will already have responded to some of 
the requirements of the MSGP.

V. Economic Impact (Executive Order 12866)

    Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or raise novel legal or policy issues arising out 
of legal

[[Page 37462]]

mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    EPA has determined that this modified general permit is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to formal OMB review prior to 
proposal.

VI. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), P.L. 104-4, 
generally requires Federal agencies to assess the effects of their 
``regulatory actions'' on State, local, and tribal governments and the 
private sector. UMRA uses the term ``regulatory actions'' to refer to 
regulations. (See, e.g., UMRA section 201, ``Each agency shall * * * 
assess the effects of Federal regulatory actions * * * (other than to 
the extent that such regulations incorporate requirements specifically 
set forth in law)'' (emphasis added)). UMRA section 102 defines 
``regulation'' by reference to section 658 of Title 2 of the U.S. Code, 
which in turn defines ``regulation'' and ``rule'' by reference to 
section 601(2) of the Regulatory Flexibility Act (RFA). That section of 
the RFA defines ``rule'' as ``any rule for which the agency publishes a 
notice of proposed rulemaking pursuant to section 553(b) of [the 
Administrative Procedure Act (APA)], or any other law * * *''
    As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' under the APA and thus not subject to the APA 
requirement to publish a notice of proposed rulemaking. NPDES general 
permits are also not subject to such a requirement under the CWA. While 
EPA publishes a notice to solicit public comment on draft general 
permits, it does so pursuant to the CWA section 402(a) requirement to 
provide ``an opportunity for a hearing.'' Thus, NPDES general permits 
are not ``rules'' for RFA or UMRA purposes.
    EPA has determined that the proposed modification would not contain 
a Federal requirement that may result in expenditures of $100 million 
or more for State, local and tribal governments, in the aggregate, or 
the private sector in any one year.
    The Agency also believes that the proposed modification would not 
significantly nor uniquely affect small governments. For UMRA purposes, 
``small governments'' is defined by reference to the definition of 
``small governmental jurisdiction'' under the RFA. (See UMRA section 
102(1), referencing 2 U.S.C. 658, which references section 601(5) of 
the RFA.) ``Small governmental jurisdiction'' means governments of 
cities, counties, towns, etc., with a population of less than 50,000, 
unless the agency establishes an alternative definition.
    The proposed modification also would not uniquely affect small 
governments because compliance with the proposed permit conditions 
affects small governments in the same manner as any other entities 
seeking coverage under the modified permit.

VII. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the proposed permitting action under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements of the MSGP have already been approved in 
previous submissions made for the NPDES permit program under the 
provisions of the Clean Water Act.

VIII. 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 proposed permitting actions will provide small entities the 
opportunity to obtain storm water permit coverage through the modified 
general permit (i.e., the MSGP) resulting from the group application 
process. The group application information submitted to EPA provided a 
basis for the development of storm water permit conditions tailored 
specifically for each industry. The MSGP requirements have been 
designed to minimize significant administrative and economic impacts on 
small entities and transfer of permit coverage from the baseline permit 
to the MSGP should not have a significant impact on industry in 
general. Moreover, the MSGP reduces a significant burden on regulated 
sources of applying for individual permits.

IX. Official Signatures

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: June 27, 1997.
John Devillars,
Regional Administrator, Region I.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed 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.

    Dated: June 30, 1997.
Jeanne M. Fox,
Regional Administrator, Region 2.

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: June 26, 1997.
Stanley Luskowski,
Acting Regional Administrator, Region 3.

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: July 1, 1997.
Michael V. Peyton,
Acting Regional Administrator, Region 4.

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: July 2, 1997.
Jerry Clifford,
Acting Regional Administrator, Region 6.

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: June 27, 1997.
Felicia Marcus,
Regional Administrator, Region 9.

    Accordingly, I hereby find pursuant to the provisions of the 
Regulatory Flexibility Act, that this proposed permit modification will 
not have a significant impact on a substantial number of small 
entities.


[[Page 37463]]


    Authority: Clean Water Act, 33 USC 1251 et seq.

    Dated: June 26, 1997.
Charles E. Findley,
Acting Regional Administrator, for Chuck Clarke, Regional 
Administrator, Region X.

Proposed Permit Modifications

Proposed Modification of National Pollutant Discharge Elimination 
System (NPDES) Storm Water Multi-Sector General Permit for Industrial 
Activities; Proposal To Terminate the EPA NPDES Industrial Storm Water 
Baseline General Permit

    For reasons set forth in the preamble, Parts II, IV, VI, and XI.A, 
C, D, E, I, J, L, P, V, X and AA of the NPDES Storm Water Multi-Sector 
General Permit (MSGP) are proposed to be modified as described below. A 
new Part XI.AD is proposed to be added to the MSGP. These proposed 
modifications and additional requirements will become effective on the 
date of Federal Register publication of the final modifications.
    Notice is also being published of EPA's proposal to terminate the 
NPDES Storm Water Baseline Industrial General Permit 30 days after the 
effective date of these MSGP modifications where the Baseline 
Industrial General Permit is extended in accordance with the provisions 
of the Administrative Procedures Act (APA).

I. NOI Submittal Deadline for Facilities Transferring From the Baseline 
Industrial General Permit

PART II--[AMENDED]

    The deadline for NOI submittal for facilities currently covered by 
the Baseline Industrial General Permit that are being transferred to 
the MSGP is established by adding Part II.A.9 to the MSGP. Also added 
is Part II.A.10 which instructs facilities ineligible to transfer to 
the MSGP because of Endangered Species Act of National Historic 
Preservation Act requirements to apply for an individual NPDES permit 
from the appropriate EPA Regional Office.

Part II. Notification Requirements

A. Deadlines for Notification
* * * * *
    9. Facilities Being Transferred to the Multi-Sector General Permit 
as a Result of the Expiration of the Baseline Industrial General 
Permit. Facilities currently covered by the Baseline Industrial General 
Permit for an existing storm water discharge associated with industrial 
activity that have not already submitted an NOI in accordance with Part 
II.A.6 to transfer coverage to the Multi-Sector General Permit, shall 
do so on or before 30 days after the effective date of the modification 
of the Multi-Sector Permit. The requirements of the Baseline Industrial 
General Permit will continue to apply to facilities transferring permit 
coverage during this time period where an extension of the Baseline 
Industrial General Permit has been acquired by the permittee in 
accordance with the Administrative Procedures Act (APA).
    Where an extension of the Baseline Industrial General Permit has 
been acquired by a permittee under the provisions of the APA, coverage 
under such extended permit shall terminate in all applicable areas 30 
days after the effective date of the modified MSGP with the exception 
of facilities subject to Part II.A.10 and for facilities located in the 
following areas: the Island of American Samoa; federal facilities in 
Colorado; and Indian Country lands located in the States of Colorado 
(including the portion of the Ute Mountain Ute Reservation located in 
New Mexico), Montana, North Dakota, South Dakota (including the portion 
of the Pine Ridge Reservation located in Nebraska), Utah (except for 
the Goshute and Navajo Reservation lands (see Region 9)), and Wyoming.
    Facilities currently permitted under the Baseline Industrial 
General Permit in these exempted areas, however, must submit a new NOI 
postmarked between August 1, 1997 and not later than two days (48 
hours) prior to September 9, 1997, or to September 25, 1997 (depending 
on the geographic location) to extend permit coverage under the 
Baseline Industrial General Permit.
    10. Facilities Ineligible for Transfer to the Multi-Sector General 
Permit From the Baseline Industrial General Permit. Facilities seeking 
storm water permit coverage who, after attempting to comply with all 
eligibility conditions of the permit, are still ineligible for transfer 
to the Multi-Sector Permit due to Endangered Species Act requirements, 
National Historic Preservation Act requirements or other requirements 
of the permit shall submit an application for an individual NPDES 
permit to the appropriate EPA Regional Office listed in Part I.A of 
this permit. These individual permit applications shall be submitted no 
later than 30 days after the effective date of the modified Multi-
Sector Permit.

II. Deadlines for Storm Water Pollution Prevention Plan Preparation and 
Compliance for Facilities Transferring From the Baseline Industrial 
General Permit

PART IV--[AMENDED]

    For facilities transferring to the MSGP as a result of the 
expiration of the Baseline Industrial General Permit, the deadline for 
storm water pollution prevention plan preparation and compliance is 
established in the MSGP by adding Part IV.A.10 as follows:

Part IV. Storm Water Pollution Prevention Plans

A. Deadlines for Plan Preparation and Compliance
* * * * *
    10. Facilities Being Transferred From the Baseline Industrial 
General Permit to the Multi-Sector General Permit. Facilities 
transferring industrial storm water discharge coverage from the 
Baseline Industrial General Permit to the Multi-Sector General Permit 
shall revise and begin implementation of their pollution prevention 
plans to address requirements under Part XI. no later than 90 days 
after the date of modification of the Multi-Sector Permit. For cases 
where construction is necessary to implement measures required by the 
plan, a schedule shall be included which provides compliance with the 
plan as expeditiously as practicable but no later than September 29, 
1998.

III. Modification of Monitoring and Reporting Requirements

PART VI--[AMENDED]

    Part VI is amended by adding Part VI.D and referencing Part VI.D in 
Parts VI.A and VI.B as shown below. Also, the reporting addresses have 
been updated in Part VI.B.1.

Part 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., Part VI.D. and Part XI. are required to 
conduct sampling of their storm water discharges associated with 
industrial activity. Monitoring requirements under Parts VI.C., VI.D. 
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

[[Page 37464]]

from the sampling requirements of Parts VI.C., VI.D. 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 VI.C., VI.D., and XI., 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 
listed below. For each outfall, one Discharge Monitoring Report form 
must be submitted per storm event sampled.
    a. CT, MA, ME, NH, RI, VT, EPA, Regional I, Office of Ecosystem 
Protection, Municipal Assistance Unit, JFK Federal Building, Boston, MA 
02203.
    b. PR, EPA, Region II, Division of Environmental Planning and 
Protection (2DEPP-WPB), Storm Water Staff, 290 Broadway, New York NY 
10007-1866.
    c. DE, DC, EPA, Region III, Water Protection Division (3WP30), 841 
Chestnut Building, Philadelphia, PA 19107.
    d. FL, EPA, Region IV, Water Management Division, Surface Water 
Permits Section (SWPFB), 61 Forsyth St., SW, Atlanta, GA 30303-3104.
    e. NM (except see Regional IX for Navajo lands), TX, LA Indian 
Country lands; OK Indian Country lands; oil an gas exploration and 
production related industries, and pipeline operations, which are 
regulated by the Oklahoma Corporation Commission, EPA, Region VI, 
Enforcement and Compliance Assurance Division (6EN-WC), EPA SW MSGP, 
P.O. Box 50625, Dallas, TX 75250.
    f. AZ, CA, NV, Johnson Atoll, Guam, Midway Island, Wake Island, the 
Goshute Reservation in UT and NV, the Navajo Reservation in UT, NM, and 
AZ, the Fort McDermitt Reservation in OR, the Duck Valley Reservation 
in NV and ID, EPA, Region IX, Water Management Division (WTR-5), Storm 
Water Staff, 75 Hawthorne Street, San Francisco, CA 94105.
    g. AK, ID (except see Region IX for Duck Valley Reservation lands), 
OR (except see Region IX for Fort McDermitt Reservation lands), WA, 
EPA, Region X, Office of Water (OW-130), Storm Water Staff, 1200 Sixth 
Avenue, Seattle, WA 98101.
* * * * *
    D. Monitoring Requirements for Dischargers Transferring Permit 
Coverage to Multi-Sector General Permit as a Result of Expiration of 
Baseline Industrial General Permit, and Other Dischargers Obtaining 
Multi-Sector General Permit Coverage After September 30, 1997.
    Facilities transferring permit coverage to the Multi-Sector Permit 
as a result of the expiration of the Baseline Industrial General 
Permit, and other dischargers (i.e., new dischargers; existing 
dischargers formerly unpermitted under either an individually drafted 
NPDES permit or another NPDES general permit; and, dischargers 
transitioning industrial storm water discharge permit coverage from an 
individually drafted NPDES permit to the Multi-Sector Permit) obtaining 
coverage after September 30, 1997, are required to monitor in 
accordance with the applicable requirements listed in Part XI. during 
the 4th year of the Multi-Sector Permit (October 1, 1998-September 30, 
1999). Submittal of Discharge Monitoring Report Forms (or 
certifications) reporting monitoring results are to be postmarked no 
later than March 31, 2000, and sent to the appropriate EPA Regional 
Office listed in Part VI.B.
    Facilities with discharges subject to numeric effluent limitations 
that are eligible for coverage (see Part V.B. Part XI.A.4., Part 
XI.C.5., Part XI.D.4., Part XI.E.4., Part XI.J.4., and Part XI.O.4.) 
are to monitor and report as required by the permit.
    Facilities transitioning from the Baseline Industrial General 
Permit to the Multi-Sector Permit may use their most recent monitoring 
data submitted to EPA, on a parameter-by-parameter basis, which was 
obtained through Baseline Permit monitoring efforts to compare with 
appropriate monitoring cut-off concentrations in order to meet the 
Multi-Sector 4th year monitoring requirements mentioned above. This 
provision is only allowable where such data represents current 
industrial storm water discharges from a facility. Facilities with 
discharges subject to the numeric effluent limitations mentioned above 
cannot use previously generated sampling data and must conduct 
monitoring for the life of the Multi-Sector Permit for those 
discharges.

IV. Modification of Types of Facilities Covered by the MSGP; Inclusion 
of Effluent Limitations for Wet Deck Storage Areas; and, Addition of 
New Part XI.AD

PART XI--[AMENDED]

    1. Parts XI.A.4 and 5 are amended to include technology-based 
effluent limitations and monitoring requirements for non-storm water 
discharges from wet deck storage areas as currently authorized under 
Part XI.A.2.a(2) of the MSGP.
    2. Part XI.C.1 is amended by adding subsector I. which authorizes 
discharges from facilities within SIC Code 283. The existing Part 
XI.C.2 is deleted which had not authorized discharges from SIC code 283 
facilities. The existing Part XI.C.1.i is renumbered as Part XI.C.2. 
Also, a clarification is added in Part XI.C.1.h that facilities with 
SIC code 3952 other than those listed are covered by Part XI.Y.
    3. Part XI.D.1.e is amended to show the appropriate parts of the 
permit which provide coverage for storm water discharges from petroleum 
refineries (Part XI.I.), oil recycling facilities (Part XI.N.), and fat 
and oil rendering facilities (Part XI.U.).
    4. Part XI.E.1 is amended to authorize discharges from 
manufacturers of the following products: glass products made of 
purchased glass (SIC code 3231); vitreous china plumbing fixtures, and 
china and earthenware fittings and bathroom accessories (SIC code 
3261), lime (SIC code 3274), stone and stone products (SIC code 3281); 
abrasive products (SIC code 3291); asbestos products (SIC code 3292), 
mineral wool (SIC code 3296), and nonmetallic mineral products not 
elsewhere classified (SIC code 3299). Also the SIC code exclusions in 
the existing Part XI.E.1 pertaining to SIC code 3274, 3281, 3291,3292 
and 3296 are deleted.
    Part XI.E.5.a is modified to include the following categories of 
facilities among those which must conduct analytical monitoring: 
Manufacturers of vitreous china plumbing fixtures, and china and 
earthen ware fittings and bathroom accessories (SIC code 3261) and lime 
(3274). The monitoring requirements for SIC code 3261 facilities are 
found in Table E-1 and the requirements for SIC code 3274 facilities 
are found in Table E-2.
    5. Part XI.I.1.a. is amended to authorize discharges from 
facilities in SIC code 2911 (petroleum refineries), except for 
discharges subject to effluent limitations guidelines.
    6. Part XI.J.a(1) is amended to authorize 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 EPA Regions II and X. Similar revisions 
are made to Part XI.J.4.a (Numeric Effluent Limitations) and Part 
XI.J.5.b (Monitoring and Reporting Requirements). These discharges are 
authorized in the current MSGP only for such facilities located in EPA 
Region VI and for such facilities located in Arizona in EPA Region IX.

[[Page 37465]]

    7. Parts XI.L.1 and 2 are amended to authorize discharges from open 
dumps. Similar language changes have been made in Part XI.L.3, 4 and 5 
to include applicability to open dumps.
    8. Part XI.P.1 is amended to authorize discharges from facilities 
in SIC code 4221-4225 (public warehousing and storage) that do not have 
vehicle and equipment maintenance shops and/or equipment cleaning 
operations but have areas (exclusive of access roads and rail lines) 
where material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products or 
industrial machinery that are exposed to storm water.
    9. Part XI.V.1 is amended to authorize industrial storm water 
discharges from facilities in SIC code 31 (except 3111), which covers 
manufacturers of finished leather and artificial leather products.
    10. Part XI.X.1 is amended to clarify that this sector authorizes 
industrial storm water discharges from all SIC 27 facilities.
    11. Part XI.AA.1 is amended to clarify that this sector authorizes 
industrial storm water discharges from all SIC 34 facilities.
    12. Part XI.AD. is added to provide an industrial sector for 
facilities which meet the definition of storm water associated with 
industrial activity (40 CFR 122.26(b)(14)) and are required by the 
Director to obtain permit coverage in accordance with 40 CFR 
122.26(a)(1)(v) or 40 CFR 122.26(a)(9) and 122.26.(g)(1)(i), and can 
not be classified in another industrial section of this permit (i.e., 
Parts XI.A-XI.AC).
    The proposed revisions of the MSGP listed above in PART XI 
(AMENDED), items 1 through 12 would appear in the modified MSGP as 
shown below:

Part XI. Specific Requirements for Industrial Activities

A. Storm Water Discharges Associated With Industrial Activity From 
Timber Products Facilities
* * * * *
2. Special Conditions
a. Prohibition of Non-Storm Waster Discharges
* * * * *
    (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) and the effluent limitations described in 
paragraph XI.A.4.a: 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.
* * * * *
4. Numeric Effluent Limitations
    In addition to the numeric effluent limitations described in Part 
V.B, the following limitations shall be met by existing and new 
dischargers.
    a. Wet Deck Storage Area Runoff. Non-storm water discharges from 
areas used for the storage of logs where waters, without chemical 
additives, in intentionally sprayed or deposited on logs to deter decay 
or infestation by insects are required to meet the following effluent 
limitations: pH shall be within the range of 6.0-9.0, and there will be 
no discharge of debris. Chemicals are not allowed to be applied to the 
stored logs. The term ``debris'' is defined as woody material such as 
bark, twigs, branches, heartwood or sapwood that will not pass through 
a 2.54 cm (1 in.) diameter round opening and is present in the 
discharge from a wet deck storage area. Dischargers subject to these 
numeric limitations must be in compliance with these limitations 
through the duration of permit coverage.
5. Monitoring and Reporting Requirements
* * * * *
    d. Compliance Monitoring Requirements. Permittees with log storage 
area spray water discharges which are covered by this permit must 
monitor the discharge for the presence of debris and pH at least 
annually. Facilities must report in accordance with 5.d.(2) below 
(reporting). In addition to the parameters listed above, the permittee 
shall provide 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 
samples shall be collected from the discharge point of the wet deck 
storage area and will not be taken during a storm water 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 log storage area spray water 
discharges shall submit monitoring results, obtained during the 
reporting period beginning on the effective date of permit 
modification, on Discharge Monitoring Report Form(s) postmarked no 
later than the last day of the following month after the date of final 
permit modification. 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 Reports form 
shall be submitted for each sampling event.
    (3) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph (2) (above), 
permittees with discharges of log storage area spray water 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.(2) 
(above).
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:
* * * * *
    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; for others in SIC 3952 not listed above, see 
Part XI.Y).
    i. Medicinal chemicals and pharmaceutical products, including the 
grading grinding and milling of botanicals (including SIC 283).
    2. Co-located Industrial Activities. When an industrial facility, 
described by the above coverage provisions of this section, has 
industrial activities being conducted on site 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 multisector 
permit are additive for industrial activities being conducted at

[[Page 37466]]

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.
* * * * *
D. Storm Water Discharges Associated With Industrial Activity From 
Asphalt Paving Roofing Materials and Lubricant Manufacturers
1. Discharges Covered Under This Section
* * * * *
    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 (see Part XI.I),
    (2) Storm water discharges from oil recycling facilities (see Part 
XI.N), and
    (3) Storm water discharges associated with fats and oils rendering 
(see Part XI.U).
* * * * *
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 
product 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); glass products made of purchased 
glass (SIC code 3231) where material handling equipment or activities, 
raw materials, intermediate products, final products, waste materials, 
by-products, or industrial machinery are exposed to storm water, 
hydraulic cement, (SIC code 3241); brick and structural clay title, 
(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 plumbing fixtures, and china 
and earthen ware fittings and bathroom accessories (SIC code 3261); 
vitreous china table and kitchen articles (SIC code 3262); fine 
earthenware table and kitchen articles (SIC code 3263); porcelain 
electrical supplies, (SIC code 3264); pattern 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); lime (SIC code 3274); gypsum products, (SIC code 3275); cut 
stone and stone products (SIC code 3281); abrasive products (SIC code 
3291); asbestos products (SIC code 3292); minerals and earths, ground 
or otherwise treated, (SIC code 3295); mineral wool (SIC code 3296); 
nonclay refractories (SIC code 3297); and nonmetallic mineral products 
not elsewhere classified (SIC code 3299).
* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements. During the period October 1, 
1996 lasting through to September 30, 1997 and the period beginning 
October 1, 1998 lasting through September 30, 1999, 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 the 
tile manufacturers (SIC code 3251); ceramic wall and floor tile 
manufacturers (SIC code 3253), clay refractories (SIC code 3255), 
manufacturers of structural clay products, not elsewhere classified 
(SIC code 3259), manufacturers of vitreous china table and kitchen 
articles (SIC code 3232), manufacturers of vitreous china plumbing 
fixtures, and china and earthen ware fittings and bathroom accessories 
(SIC code 3261), manufacturers of fine earthenware table and kitchen 
articles (SIC code 3263), manufacturers of porcelain electrical 
supplies (SIC code 3264), pottery products (SIC code 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 code 3271), concrete products 
manufacturers (SIC code 3272), ready mix concrete manufacturers (SIC 
3273), lime (3274), gypsum product manufacturers (SIC 3275), and 
manufacturers of mineral and earth products (SIC 3295). Facilities with 
these industrial activities must monitor for the pollutants listed in 
Table E-2.
* * * * *
I. Storm Water Discharges Associated With Industrial Activity From Oil 
and Gas Extraction Facilities and Petroleum Refineries
1. Discharges Covered Under This Section
    (a) Coverage. This section of the 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(c)(1)(iii). These include 
``* * * 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.'' 
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. This section also covers 
petroleum refineries listed under SIC code 2911. 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.
    Note that areas eligible for coverage at petroleum refineries will 
be very limited because the term ``contaminated runoff,'' as defined 
under 40 CFR 419.11, includes ``* * * runoff which comes into contact 
with any raw material, intermediate product, finished product, by-
product or waste product located on petroleum refinery property.'' 
Areas at petroleum refineries which may be eligible for permit 
coverage, provided discharges from these areas are not co-mingled with 
``contaminated runoff,'' include: vehicle and equipment storage, 
maintenance and refueling areas. Most areas at refineries will not be 
eligible for coverage including: raw material, intermediate product, 
by-product, waste material, chemical, and material storage areas; 
loading and unloading areas;

[[Page 37467]]

transmission pipelines, and, processing areas.
* * * * *
J. Storm Water Discharges Associated With Industrial Activity From 
Mineral Mining and Processing Facilities
1. Discharges Covered Under This Section
* * * * *
    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 Regions 
II, VI, X and Arizona.
* * * * *
    4. Numeric Effluent Limitations. Except as discussed in 4a below, 
there are no additional numeric effluent limitations beyond those 
described in Part V.B. of this permit.
    a. Regions II, VI and X, and Arizona--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 
Regions II, VI, and X, 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
* * * * *
    d. Compliance Monitoring Requirements. Permittees with construction 
sand and gravel, industrial sand, and crushed stone mining facilities 
in Regions II, VI and X, and Arizona 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 to 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.
* * * * *
L. Storm Water Discharges Associated With Industrial Activity From 
Landfills, Open Dumps, 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, land application sites, and open dumps 
that receive or have received industrial wastes. Open dumps are solid 
waste disposal units that are not in compliance with Sate/Federal 
criteria established under RCRA Subtitle D. Landfills, land application 
sites, and open dumps 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.
* * * * *
    b. Limitations. Storm water discharges associated with industrial 
activities from inactive landfills, land application sites, and open 
dumps occurring on Federal lands where an operator cannot be identified 
are ineligible for coverage under this permit.
1. Special Conditions
    (a) Prohibition of Non-storm Water Discharges. In addition to the 
broad non-storm water prohibition in Part III.A of this 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).
2. Storm Water Pollution Prevention Plan Requirements
    b. Contents of Plan. The plan shall include, at a minimum, the 
following items:
* * * * *
    (2) Description of Potential Pollutant Sources.
* * * * *
    (a) Drainage.
    (1) 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 where open dumping is 
occurring or has occurred, 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.
* * * * *
    (e) Risk Identification and Summary of Potential Pollutant Sources 
include a narrative description of potential 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, land application, or open dumping 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.
* * * * *

[[Page 37468]]

    (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, open dumps, and land application 
sites, inspections shall be conducted at least once every 7 days. 
Qualified personnel shall inspect areas of landfills and open dumps 
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 and open 
dumps 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, open dumps, and land application 
sites, inspections shall be conducted at least quarterly, and qualified 
personnel shall inspect: landfill or open dump stabilization and 
structural erosion control measures and leachate collection and 
treatment systems, and all closed land application areas.
    (f) Record keeping 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 and 
open dump operators shall provide for a tracking system for the types 
of wastes disposed of in each cell or trench of a landfill or open 
dump. Land application site operators shall track the types and 
quantities of wastes applied in specific areas.
* * * * *
    (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 and open dump 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 and open dump operators shall provide for temporary 
stabilization of inactive areas of the landfill or open dump which have 
an intermediate cover but no final cover.
    Landfill and open dump operators shall provide for temporary 
stabilization of any landfill or open dumping 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.
* * * * *
    (4) Comprehensive Site Compliance Evaluation
* * * * *
    (a) Areas contributing to a storm water discharge associated with 
industrial activity at landfill, open dump 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.
* * * * *

5. Monitoring and Reporting Requirements

    a. Analytical Monitoring Requirements. During the period October 1, 
1996 lasting through to September 30, 1997 and the period beginning 
October 1, 1998 lasting through September 30, 1999, permittees with 
landfill/land application/open dump sites must monitor their storm 
water discharges associated with industrial activity at least quarterly 
(4 times per year) during years 2 and 4 of this permit except as 
provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
(Representative Discharge), and 5.a.(5) (Alternative Certification). 
Landfill/land application/open dump 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.

              Table L-1.--Industry Monitoring Requirements              
------------------------------------------------------------------------
           Pollutants of concern                Cut-off concentration   
------------------------------------------------------------------------
Total Suspended Solids (TSS) \1\...........  100 mg/L                   
Total Recoverable Iron \2\.................  1.0 mg/L                   
------------------------------------------------------------------------
\1\ Applicable to all landfill, open dump, and land application sites.  
\2\ Applicable to all facilities except MSWLF areas closed in accordance
  with 40 CFR 258.60 requirements.                                      

    (1) Monitoring Periods. Landfill/land application/open dump 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 5a. (above).
* * * * *
    b. Reporting. Permittees with landfill/land application/open dump 
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 monitoring period beginning 
October 1, 1996 and lasting through September 30, 1997 on Discharge 
Monitoring Report Form(s) postmarked no later than the 31st day of the 
month of March, 1998. Monitoring results [or a certification in 
accordance with Sections (3), (4), or (5) above] obtained during the 
period beginning October 1, 1998 and lasting through September 30, 
1999, shall be submitted on Discharge Monitoring Report Form(s) 
postmarked no later than the 31st day of the month of March 2000. For 
each outfall, one Discharge Monitoring Report form must be submitted 
per storm event sampled. Signed copies of Discharge Monitoring Reports, 
or alternative certifications, shall be submitted to the Director of 
the NPDES program at the address of the appropriate EPA Regional Office 
listed

[[Page 37469]]

in Part VI.G. of the fact sheet for this permit.
    (1) Additional Notification. In addition to filing copies of 
discharge monitoring reports in accordance with paragraph 1.b. (above) 
landfill/land application/open dump 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 1.b. 
(above).
* * * * *
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. Also covered 
under this section are facilities found under SIC code 4221-4225 
(public warehousing and storage) that do not have vehicle and equipment 
maintenance shops and/or equipment cleaning operations but have areas 
(exclusive of access roads and rail lines) where material handling 
equipment or activities, raw materials, intermediate products, final 
products, waste materials, by-products or industrial machinery are 
exposed to storm water.
* * * *
V. Storm Water Discharges Associated With Industrial Activity From 
Textile Mills, Apparel and Other Fabric Product Manufacturing 
Facilities, Leather and Leather 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 broad woven 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). This section also covers facilities 
engaged in manufacturing finished leather and artificial leather 
products (SIC 31, except 3111).
* * * * *
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: 
newspaper, periodical, and book publishing or publishing and printing 
(SIC Codes 2711-2731); book printing (SIC Code 2732); miscellaneous 
publishing (SIC Code 2741); commercial printing, lithographic (SIC Code 
2752); commercial printing, gravure (SIC Code 2754); commercial 
printing, not elsewhere classified (SIC Code 2759); manifold business 
forms, greeting cards, bankbooks, looseleaf binders and devices, 
bookbinding and related work, and typesetting (SIC Codes 2761-2791); 
and, plate making and related services (SIC Code 2796).
* * * * *
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 and transportation equipment, SIC 34, and 
jewelry, silverware, and plated ware (SIC Code 391).
* * * * *
AD. Storm Water Discharges Associated With Industrial Activity From 
Non-Classified Facilities
    1. Discharges Covered Under This Section. The requirements of this 
section shall apply to all storm water discharges associated with 
industrial activity from facilities that: meet the definition of storm 
water associated with industrial activity (40 CFR 122.26(b)(14), except 
for construction activities as defined under 40 CFR 122.26(b)(14)(x)), 
can not be classified in another industrial sector of this permit 
(i.e., Parts XI.A-XI.AC), and are not excluded from permit coverage 
elsewhere in this permit; or, the Director has designated as needing a 
storm water permit under 40 122.26(g)(l)(i). Should conditions at a 
facility covered by this section change and industrial activities in 
another section(s) contained in XI.A-XI.AC apply, the facility shall 
comply with any and all applicable monitoring and pollution prevention 
plan requirements of the other section(s) in addition to those 
contained in this section. The monitoring and pollution prevention plan 
terms and conditions of this 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 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

[[Page 37470]]

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.AD.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/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 
requriemetns, 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.AD.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

[[Page 37471]]

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 sit. A discharger that is unable to 
provide the certification required by this paragraph must notify the 
Director in accordance with paragraph XI.AD.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 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 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.AD.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 sales 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 evaluation once a year. Such evaluation 
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.AD.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.AD.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.AD.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

[[Page 37472]]

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.
* * * * *
    This permit modification shall become effective on (leave blank).

Region I

    Signed this ____th day of
----------------------------------------------------------------------
David Fierra,
Office of Ecosystem Protection 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 ____ th day of
----------------------------------------------------------------------
Kathleen C. Callahan,
Division of Environmental Planning and Protection Director.

------------------------------------------------------------------------
            Areas of coverage                        Permit No.         
------------------------------------------------------------------------
Puerto Rico..............................  PRR05*###                    
  Federal Facilities.....................  PRR05*##F                    
------------------------------------------------------------------------

Region III

    Signed this ____ th day of
----------------------------------------------------------------------
Alvin R. Morris,
Water Protection Division Director.

------------------------------------------------------------------------
            Areas of coverage                        Permit No.         
------------------------------------------------------------------------
District of Columbia.....................  DCR05*###                    
  Federal Facilities.....................  DCR05*##F                    
Delaware Federal Facilities..............  DER05*##F                    
------------------------------------------------------------------------

Region IV:

    Signed this ____ th day of
----------------------------------------------------------------------
Robert F. McGhee,
Water Management Division Director.

------------------------------------------------------------------------
             Areas of coverage                        Permit No.        
------------------------------------------------------------------------
Florida....................................  FLR05*###                  
  Federal Indian Reservations..............  FLR05*##F                  
------------------------------------------------------------------------

Region VI

    Signed this ____ th day of
----------------------------------------------------------------------
William B. Hathaway,
Water Quality Protection Division Director.

------------------------------------------------------------------------
            Areas of coverage                        Permit No.         
------------------------------------------------------------------------
Louisiana Federal Indian Reservations....  LAR05*##F                    
New Mexico...............................  NMR05*###                    
Federal Indian Reservations (except        NMR05*##F                    
 Navajo and Ute Mountain Ute Reservation                                
 lands).                                                                
Oklahoma:                                                               
  Federal Indian Reservations............  OKR05*##F                    
  Oil and gas exploration and production   OKR05*###                    
   related industries and pipeline                                      
   industries that are regulated by the                                 
   Oklahoma Corporation Commission.                                     
Texas....................................  TXR05*###                    
Federal Indian Reservations..............  TXR05*##F                    
------------------------------------------------------------------------

Region IX

    Signed this ____th day of
----------------------------------------------------------------------
Felicia Marcus,
Regional Administrator.

------------------------------------------------------------------------
            Areas of coverage                        Permit No.         
------------------------------------------------------------------------
Arizona..................................  AZR05*###                    
  Federal Indian Reservations............  AZR05*##F                    
  Federal Facilities.....................  AZR05*##F                    
California:                                                             
  Federal Indian Reservations............  CAR05*##F                    
Guam.....................................  GUR05*###                    
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 ____th day of
----------------------------------------------------------------------
Philip G. Millam,
Office of Water Director.

------------------------------------------------------------------------
            Areas of coverage                        Permit No.         
------------------------------------------------------------------------
Alaska...................................  AKR05*###                    
  Alaska Federal Indian Reservations.....  AKR05*##F                    
Idaho....................................  IDR05*###                    
  Federal Indian Reservations (except      IDR05*##F                    
   Duck Valley Reservation lands).                                      
  Federal facilities.....................  IDR05*##F                    

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Oregon Federal Indian Reservations         ORR05*##F                    
 (except for Fort McDermitt Reservation                                 
 lands).                                                                
Washington Federal Indian Reservations...  WAR05*##F                    
Washington Federal Facilities............  WAR05*##F                    
------------------------------------------------------------------------


BILLING CODE 6560-50-M
      

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[GRAPHIC] [TIFF OMITTED] TN11JY97.024



[FR Doc. 97-18079 Filed 7-10-97; 8:45 am]
BILLING CODE 6560-50-C