[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
[[Page 37473]]
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
[[Page 37474]]
[GRAPHIC] [TIFF OMITTED] TN11JY97.023
[[Page 37475]]
[GRAPHIC] [TIFF OMITTED] TN11JY97.024
[FR Doc. 97-18079 Filed 7-10-97; 8:45 am]
BILLING CODE 6560-50-C