[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Pages 17010-17107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7203]



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Part II





Environmental Protection Agency





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

  Federal Register / Vol. 65, No. 62 / Thursday, March 30, 2000 / 
Notices  

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6562-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES general permit.

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SUMMARY: EPA Regions 1, 2, 3, 4, 6, 8, 9, and 10 are today proposing to 
reissue EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). 
This general permit 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), September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR 
42534) and September 30, 1998 (63 FR 52430). Today's proposed MSGP is 
similar to the 1995 permit, as amended, and will authorize the 
discharge of storm water from industrial facilities consistent with the 
terms of the permit.
    Public Comment Period: The public comment period for the proposed 
MSGP will be from today's date until May 30, 2000. All public comments 
must be submitted to: ATTN: MSGP-2000 Comments, W-99-26, MC 4101, U.S. 
EPA, Room EB57, 401 M Street SW, Washington, DC 20460.
    Please submit the original and three copies of your comments and 
enclosures (including references). Comments must be received or 
postmarked by midnight no later than May 30, 2000. To ensure that EPA 
can read, understand and therefore properly respond to comments, the 
Agency would prefer that commenters cite, where possible, the 
paragraph(s) or sections in the notice or supporting documents to which 
each comment refers. Commenters who want EPA to acknowledge receipt of 
their comments should enclose a self-addressed stamped envelope. No 
fascimiles (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-99-26 (MSGP-2000). No Confidential Business information 
(CBI) should be submitted through e-mail. Comments and data will also 
be accepted on disks in WordPerfect 6.1 format or ASCII file format. 
Electronic comments on this notice may be filed online at many Federal 
Depository Libraries.
    The record for today's proposed MSGP has been established under 
docket number W-99-26, and includes supporting documentation as well as 
printed, paper versions of electronic comments. It does not include any 
information claimed as CBI.
    Public Meetings: Public meetings on the proposed permit will be 
held at the locations listed below. The public meetings will include a 
presentation on the draft permits and a question and answer session. 
Written, but not oral, comments for the official permit record will be 
accepted at the public meetings.
    Dallas, TX: May 1, 2000, 1:00 pm, EPA Region 6 Offices, 12th Floor, 
1445 Ross Ave., Dallas, Texas.
    Santa Fe, NM: April 24, 2000, 1:00 pm, New Mexico Environment 
Department Offices, Runnels Building Auditorium, 1190 St. Francis Dr., 
Santa Fe, New Mexico.
    Additional public meets may be scheduled in one or more EPA 
regions. For times and locations, please visit our MSGP web site at 
www.epa.gov/owm/sw/industry/msgp/index.htm.
    Public Hearings: EPA has not scheduled any public hearings to 
receive public comment concerning today's proposal in view of the 
limited attendance at previous hearings which have been held related to 
the existing MSGP. All persons will continue to have the right to 
provide written comments at any time during the public comment period. 
However, interested persons may request a public hearing pursuant to 40 
CFR 124.12 concerning the proposed MSGP-2000. Requests for a public 
hearing must be sent or delivered in writing to the same address as 
provided above for public comments prior to the close of the comment 
period. Requests for a public hearing must state the nature of the 
issues proposed to be raised in the hearing. Pursuant to 40 CFR 124.12, 
EPA shall hold a public hearing if it finds, on the basis of requests, 
a significant degree of public interest in the proposed permit. If EPA 
decides to hold a public hearing, a public notice of the date, time and 
place of the hearing will be made at least 30 days prior to the 
hearing. Any person may provide written or oral statements and data 
pertaining to the proposed permit at the public hearing.

ADDRESSES: The index to the administrative record for the proposed MSGP 
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 reissuance 
notice are stored at the EPA Water Docket Office at the following 
address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, Washington, 
DC 20460. All other documents which were used to support the original 
issuance of the MSGP in 1995 are a supplement to the record for this 
reissuance and are stored at U.S. EPA, 401 M Street SW, Washington, DC 
20460. These materials include, for example, the permit applications 
and sampling data provided to EPA by group applicants. The immediate 
and supplemental records are 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. 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 MSGP, contact the appropriate EPA Regional Office or Dan Weese 
at (202) 260-6809. The name, address and phone number of the EPA 
Regional Storm Water Coordinators are provided in Section VI.F of this 
fact sheet.

SUPPLEMENTARY INFORMATION: The following fact sheet provides background 
information and explanation for today's notice of proposed MSGP 
reissuance. The actual language of the proposed MSGP appears after this 
fact sheet.

Fact Sheet

Table of Contents

I. Background
    A. Pollutants in Storm Water Discharges Associated with 
Industrial Activities in General
    B. Summary of Options for Controlling Pollutants
    C. The Federal/Municipal Partnership: The Role of Municipal 
Operators of Large and Medium Municipal Separate Storm Sewer Systems
II. Organization of Today's Proposed MSGP and Summary of Proposed 
Changes
III. Geographic Coverage of Proposed MSGP
IV. Categories of Facilities Covered by Proposed MSGP
V. Limitations on Coverage
    A. Storm Water Discharges Subject to Effluent Guidelines, 
Including New Source Performance Standards
    B. Historic Preservation
    C. Endangered Species
    D. New Storm Water Discharges to Water-Quality Impaired 
Receiving Waters
    E. Storm Water Discharges Subject to Anti-Degradation Water 
Quality Standards
    F. Storm Water Discharges Previously Covered by an Individual 
Permit

[[Page 17011]]

VI. Summary of Common Permit Conditions
    A. Notification Requirements
    1. Contents of NOIs
    2. Deadlines
    3. Municipal Separate Storm Sewer System Operator Notification
    4. Notice of Termination
    5. Conditional Exclusion for No Exposure
    B. Special Conditions
    1. Prohibition of Non-storm Water Discharges
    2. Releases of Reportable Quantities of Hazardous Substances and 
Oil
    3. Co-located Industrial Facilities
    4. Numeric Effluent Limitations
    5. Compliance with Water Quality Standards
    C. Common Pollution Prevention Plan Requirements
    1. Pollution Prevention Team
    2. Description of the Facility and Potential Pollution Sources
    3. Selection and Implementation of Storm Water Controls
    4. Comprehensive Site Compliance Evaluation
    D. Special Requirements
    1. Special Requirements for Storm Water Discharges Associated 
with Industrial Activity from Facilities Subject to EPCRA Section 
313 Requirements
    2. Special Requirements for Storm Water Discharges Associated 
with Industrial Activity from Salt Storage Facilities
    3. Consistency With Other Plans
    E. Monitoring and Reporting Requirements
    1. Analytical Monitoring Requirements
    2. Compliance Monitoring
    3. Alternate Certification
    4. Reporting and Retention Requirements
    5. Sample Type
    6. Representative Discharge
    7. Sampling Waiver
    8. Quarterly Visual Examination of Storm Water Quality
    F. Regional Offices
    1. Notice of Intent Address
    2. Regional Office Addresses and Contacts
VII. Cost Estimates For Common Permit Requirements
VIII. Special Requirements for Discharges Associated with Specific 
Industrial Activities
IX. Economic Impact (Executive Order 12866)
X. Unfunded Mandates Reform Act
XI. Paperwork Reduction Act
XII. Regulatory Flexibility Act
XIII. Official Signatures

I. Background

    EPA Regions 1, 2, 3, 4, 6, 8, 9, and 10 are today proposing to 
reissue EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). The 
MSGP currently authorizes storm water discharges from a particular 
facility for most areas of the United States where the NPDES permit 
program has not been delegated. The MSGP 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), September 24, 1996 (61 FR 
50020), August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR 
52430).
    The 1995 MSGP was the culmination of the group permit application 
process described at 40 CFR 122.26(c)(2). A group permit application 
was one of three options for obtaining an NPDES industrial storm water 
permit which were provided by the 1990 storm water permit application 
regulations (47 FR 47990). The 1990 regulations also provided that 
industrial facilities could apply for coverage under an existing 
general NPDES permit or apply for an individual permit. In 1992, EPA 
issued a baseline general permit (57 FR 41175 and 57 FR 44412) to cover 
industrial facilities which did not select the group application option 
or submit an application for an individual permit.
    In response to the group application option, 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.
    In developing the requirements for the 1995 MSGP, EPA utilized and 
built upon the storm water pollution control requirements of the 1992 
baseline general permit. The baseline permit had required a storm water 
pollution prevention plan (SWPPP) with generic best management practice 
(BMP) requirements which applied to all facilities covered by the 
permit. In addition, certain categories of facilities were required to 
monitor storm water discharges based on EPA's best professional 
judgment concerning the risks posed by the facilities.
    The group permit applications included information concerning the 
specific types of operations present at the different types of 
industrial facilities, potential sources of pollutants at the 
facilities, industry-specific BMPs which are available, and monitoring 
data from the different types of facilities. Using this information, 
EPA developed SWPPP requirements for the MSGP which consisted of the 
generic requirements of the baseline permit plus industry-specific 
requirements developed from the group application information. Also, 
the industries required to perform monitoring and the contaminants to 
be monitored for in the 1995 MSGP were developed using the monitoring 
data submitted with the group applications rather than EPA's best 
professional judgment.
    On September 30, 1998 (63 FR 52430), EPA terminated the baseline 
general permit and required facilities which were previously covered by 
the baseline permit to seek coverage under the MSGP (or submit an 
individual permit application). EPA believed that the MSGP, with its 
industry-specific requirements, would provide improved water quality 
benefits as compared to the baseline permit.
    For the reissuance of the MSGP, EPA has re-evaluated the industry-
specific requirements of the MSGP. In a few instances, additional 
requirements have been proposed based on new information which has been 
obtained since the original MSGP issuance in 1995. These changes are 
discussed in more detail in Section VIII of this fact sheet. EPA also 
re-evaluated the monitoring requirements of the existing MSGP. Although 
no changes are being proposed in the monitoring requirements, EPA is 
interested in receiving comments on these requirements and exploring 
alternatives as discussed in Section VI.E of the fact sheet.

A. Pollutants in Storm Water Discharges Associated With Industrial 
Activities in General

    The volume and quality of storm water discharges from a particular 
facility will depend on a number of factors, including the industrial 
activities occurring at the facility, the nature of the precipitation, 
and the degree of surface imperviousness. A discussion of these factors 
was provided in the fact sheet for the original proposed MSGP (58 FR 
61146 Nov. 19, 1993), and is not being repeated here.

B. Summary of Options for Controlling Pollutants

    Pollutants in storm water discharges from industrial plants may be 
reduced using several methods, including: Eliminating pollutant 
sources; implementing BMPs that prevent the generation of pollutant 
sources and/or control the discharge of pollutants; and end-of-pipe 
treatment. A general discussion of each of these was presented in the 
original MSGP proposal (58 FR 61146, Nov. 19, 1993), and is not being 
repeated here.

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

    A key issue in developing a workable regulatory program for 
controlling pollutants in storm water discharges associated with 
industrial activity is the proper use and coordination of limited

[[Page 17012]]

regulatory resources. This is especially important when addressing the 
appropriate role of municipal operators of large and medium municipal 
separate storm sewer systems in the control of pollutants in storm 
water discharges associated with industrial activity which are conveyed 
through municipal separate storm sewer systems. The original proposed 
MSGP discussed several key policy factors (see 58 FR 61146).

II. Organization of Proposed MSGP and Summary of Proposed Changes

    The organization of today's proposal has been revised from the 1995 
MSGP to reduce the overall size of the permit. In Part XI of the 1995 
MSGP, many requirements such as SWPPP and monitoring requirements which 
were common to each sector were repeated in each sector, greatly adding 
to length of the permit. For today's proposal, such requirements are 
found only once in expanded sections of the permit (Parts 4 and 5) 
which include requirements common to each sector. Requirements which 
are genuinely unique to a given sector or subsector are found in Part 6 
in the permit. Similarly, Section VIII of the fact sheet for the 1995 
MSGP repeated certain explanatory information in the discussions of 
sector-specific requirements, and also included considerable 
descriptive information about the various sectors. To reduce the length 
of today's notice, most of this information is not being repeated. 
Section VIII of today's fact sheet focuses on the changes (if any) 
which are being proposed for the various sectors. The reorganization 
and reduction of duplication have reduced the size of the permit by 
approximately 50%.
    Also note that the section/paragraph identification scheme of the 
proposed MSGP-2000 has been modified from the existing MSGP. The 
original scheme utilized a sometimes lengthy combination of numbers, 
letters and Roman numerals (in both upper and lower cases) which many 
permittees found confusing. Today's proposal identifies sections/
paragraphs, and hence permit conditions, using numbers only, except in 
Part 6 (which also incorporates the sector letters from the 1995 MSGP 
for consistency). Under the original permit, only the last digit or 
letter of the section/paragraph identifier appeared with its 
accompanying section title/paragraph, making it difficult to determine 
where you were in the permit. In today's proposal, the entire string of 
identifying numbers is listed at each section/paragraph to facilitate 
recognizing where you are and in citing and navigating through the 
permit. For example, paragraph number 1.2.3.5 tells you immediately 
that you are in Part 1, section 2, paragraph 3, subparagraph 5; whereas 
under the 1995 MSGP you would only see an ``e'', thereby forcing you to 
hunt back through the permit to determine that you were in Part 
I.B.3.e. The exception to the numbering rule is in Part 6, where the 
Sector letters from the 1995 MSGP have been retained to correspond to 
the sectors of industry covered by the permit and make it easy to tell 
that you are in a section of the permit which has conditions which only 
apply to a specific industrial sector. For example, paragraph 6.F.3.4 
immediately tells you that you are in Part 6 and looking at conditions 
that only apply to sector ``F'' facilities. In some cases, requirements 
which previously appeared in a single paragraph are now found listed 
out as separate individual items. The proposed MSGP is also written in 
EPA's ``readable regulations'' style using terms like ``you'' and 
``your'' in referring to permittees, etc.
    Following below is a list of the major changes in today's proposal 
as compared to the existing MSGP. These changes are discussed in more 
detail later in this fact sheet.
    1. Requirements for co-located activities clarified (Part 1.2.1.1).
    2. Incidental cooling tower mist discharges included as an 
authorized non-storm water discharge, subject to certain requirements 
(Parts 1.2.2.2.13 and 4.4.2.3).
    3. Provided eligibility for coverage of inactive mining activities 
occurring on Federal Lands where an operator has not been identified 
(Part 1.2.3).
    4. Clarified language for situations where a discharge previously 
covered by an individual permit can be covered under the MSGP-2000 
(Part 1.2.3.3).
    5. Clarified/added language for compliance with water quality 
standards and requirements for follow-up actions if standards are 
exceeded (Parts 1.2.3.5 and 3.3).
    6. ESA and NHPA eligibility requirements modified (Parts 1.2.3.6 
and 1.2.3.7).
    7. Eligibility requirements for discharges to water quality 
impaired/limited waterbodies added/clarified (Part 1.2.3.8).
    8. Clarifies that discharges which do not comply with anti-
degradation requirements are not authorized by the permit (Part 
1.2.3.9).
    9. Deadline of 30 days for submission of an NOT added (Part 1.4.2).
    10. Opportunity for termination of permit coverage based on the 
``no exposure exemption'' from the Phase II storm water regulations (64 
FR 68722, 12/8/99) added (Parts 1.5 and 11.4).
    11. Notice of Intent requirements and form modified (Part 2.2 and 
Addendum D).
    12. Permit will accommodate electronic filing of NOIs, NOTs, or 
DMRs, should these options become available during the term of the 
permit (Parts 2.3, 7.1, and 11.3)
    13. Prohibition on discharges of solid materials and floating 
debris and requirement to minimize off-site tracking of materials and 
generation of dust added (Part 4.2.7.2.3).
    14. Requirement to include a copy of the permit with the storm 
water pollution prevention plan (SWPPP) was added (Part 4.7).
    15. Special conditions for EPCRA 313 facilities were modified (Part 
4.12).
    16. Monitoring requirements reorganized and additional 
clarification/revisions on monitoring periods, waivers, default minimum 
monitoring for limitations added by State 401 certification, and 
reporting requirements added. Public specifically requested to comment 
on alternatives to proposed benchmark monitoring scheme (Parts 5 and 
7).
    17. Manufacturing of fertilizer from leather scraps (SIC 2873) 
moved from Sector Z--Leather Tanning and Finishing to Sector C--
Chemical and Allied Products (Table 1 and Part 6.C).
    18. New effluent limitations guidelines for landfills in Sectors K 
and L included; the final guidelines were published in the Federal 
Register on January 19, 2000 (65 FR 3007) (Parts 6.K.5 and 6.L.6).
    19. Sector AD (Non-Classified Facilities) language clarified to say 
that facilities cannot choose coverage under Sector AD, but can only be 
so assigned by permitting authority (Part 6.AD).
    20. Additional BMP requirements in Sectors S, T, and Y added (Parts 
6.S, 6.T, and 6.Y).
    21. NOI to continue coverage under the permit when it expires 
(without a replacement permit in place) is not required and the 
reapplication process has been clarified (Part 9.2).
    22. Process for EPA to remove facilities from permit coverage 
clarified (Part 9.12).
    In conjunction with the final permit, EPA anticipates making a 
``User's Guide'' available that would answer common questions regarding 
how to obtain coverage and comply with the MSGP. This users guide would 
most likely be made available via the Internet.

[[Page 17013]]

III. Geographic Coverage of Proposed MSGP

    The geographic coverage of today's proposed MSGP includes the 
following areas:
    EPA Region 1--for the States of Maine, Massachusetts and New 
Hampshire; for Indian country located in Massachusetts, Connecticut, 
Rhode Island and Maine; and for Federal facilities in the State of 
Vermont.
    EPA Region 2--for the Commonwealth of Puerto Rico.
    EPA Region 3--for the District of Columbia and Federal facilities 
in the State of Delaware.
    EPA Region 4--for the State of Florida; and for Indian country 
located in the State of Florida.
    EPA Region 6--for the State of New Mexico; for Indian country 
located in the States of Louisiana, New Mexico, Texas and Oklahoma 
(except Navajo lands and Ute Mountain Reservation lands); for Oil and 
gas facilities under SIC codes 1311, 1381, 1382, and 1389 and 5171 and 
point source (but not non-point source) discharges associated with 
agricultural production, services, and silviculture in the State of 
Oklahoma, except those on Indian Country lands; and oil and gas 
facilities under SIC codes 1311, 1321, 1381, 1382, and 1389 in the 
State of Texas not on Indian Country lands.
    EPA Region 8--for Federal facilities in the State of Colorado; for 
Indian Country lands in Colorado, Montana, North Dakota, South Dakota, 
Wyoming and Utah (except Goshute Reservation lands); for Ute Mountain 
Reservation lands in Colorado and New Mexico; and for Pine Ridge 
Reservation lands in South Dakota and Nebraska.
    EPA Region 9--for the State of Arizona; for the Territories of 
Johnston Atoll, American Samoa, Guam, the Commonwealth of Northern 
Mariana Islands, Midway and Wake Islands; for Indian country located in 
Arizona, 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, and the Fort 
McDermitt Reservation in Oregon and Nevada.
    EPA Region 10--for the States of Alaska and Idaho; for Indian 
country located in Alaska, Oregon (except Fort McDermitt Reservation 
lands), Idaho (except Duck Valley Reservation lands) and Washington; 
and for Federal facilities in Washington.
    For several reasons, the geographic area of coverage described 
above differs from the area of coverage of the 1995 MSGP. Indian 
country in Vermont and New Hampshire has been removed since there are 
no Federally recognized tribes in these States. Also, state NPDES 
permit programs have since been authorized in the States of South 
Dakota, Louisiana, Oklahoma (except for certain oil and gas facilities 
and agriculture-related point sources in Oklahoma) and Texas (again 
except for oil and gas facilities). In Oklahoma, EPA maintains NPDES 
permitting authority over oil and gas exploration and production 
related industries, and pipeline operations regulated by the Oklahoma 
Corporation Commission and point source (but not non-point source) 
discharges associated with agricultural production, services, and 
silviculture regulated by the Oklahoma Department of Agriculture, 
except those on Indian Country lands (See 61 FR 65049). Oklahoma 
received NPDES program authorization only for those discharges covered 
by the authority of the Oklahoma Department of Environmental Quality 
(ODEQ). In Texas, EPA maintains NPDES permitting authority over oil and 
gas discharges regulated by the Texas Railroad Commission (See 63 FR 
51164). Texas received NPDES program authorization only for those 
discharges covered by the authority of the Texas Natural Resource 
Conservation Commission (TNRCC).
    Federal facilities in Colorado, and Indian country located in 
Colorado (including the portion of the Ute Mountain 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) and Wyoming were 
not included in the 1995 MSGP, but are now proposed to be included. At 
the present time, industrial facilities in these areas are largely 
covered under an extension of EPA's 1992 baseline general permit for 
industries (57 FR 41175).
    Lastly, subsequent to the issuance of the MSGP in 1995, coverage 
was extended to the Island of Guam on September 24, 1996 (61 FR 50020) 
and the Commonwealth of the Northern Mariana Islands on September 30, 
1998 (63 FR 52430).
    There are some areas where the NPDES permit program has not been 
delegated (such as Indian country in states not listed above) where 
neither the MSGP nor an alternate general permit is available for 
authorization of storm water discharges associated with industrial 
activity. However, only a very small number of permittees exist in such 
areas and individual permits are issued as needed.

IV. Categories of Facilities Covered by the Proposed MSGP

    The proposed MSGP would authorize storm water discharges associated 
with industrial activity from the categories of facilities shown in 
Table 1 below:

                            Table 1.--Sector/Subsectors Covered by the Proposed MSGP
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          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.
                              2431-2439 (except 2434).................................  Millwork, Veneer,
                                                                                         Plywood, and Structural
                                                                                         Wood.
                              2448, 2449..............................................  Wood Containers.
                              2451, 2452..............................................  Wood Buildings and
                                                                                         Mobile Homes.
                              2493....................................................  Reconstituted Wood
                                                                                         Products.
                              2499....................................................  Wood Products, Not
                                                                                         Elsewhere Classified.
----------------------------------------------------------------------------------------------------------------
                                Sector B. Paper and Allied Products Manufacturing
----------------------------------------------------------------------------------------------------------------
1...........................  2611....................................................  Pulp Mills.
2...........................  2621....................................................  Paper Mills.

[[Page 17014]]

 
3*..........................  2631....................................................  Paperboard Mills.
4...........................  2652-2657...............................................  Paperboard Containers
                                                                                         and Boxes.
5...........................  2671-2679...............................................  Converted Paper and
                                                                                         Paperboard Products,
                                                                                         Except Containers and
                                                                                         Boxes.
----------------------------------------------------------------------------------------------------------------
                              Sector C. Chemical and Allied Products Manufacturing
----------------------------------------------------------------------------------------------------------------
1*..........................  2812-2819...............................................  Industrial Inorganic
                                                                                         Chemicals.
2*..........................  2821-2824...............................................  Plastics Materials and
                                                                                         Synthetic Resins,
                                                                                         Synthetic Rubber,
                                                                                         Cellulosic and Other
                                                                                         Manmade Fibers Except
                                                                                         Glass.
3...........................  2833-2836...............................................  Medicinal chemicals and
                                                                                         botanical products;
                                                                                         pharmaceutical
                                                                                         preparations; invitro
                                                                                         and invivo diagnostic
                                                                                         substances; biological
                                                                                         products, except
                                                                                         diagnostic substances.
4*..........................  2841-2844...............................................  Soaps, Detergents, and
                                                                                         Cleaning Preparations;
                                                                                         Perfumes, Cosmetics,
                                                                                         and Other Toilet
                                                                                         Preparations.
5...........................  2851....................................................  Paints, Varnishes,
                                                                                         Lacquers, Enamels, and
                                                                                         Allied Products.
6...........................  2861-2869...............................................  Industrial Organic
                                                                                         Chemicals.
7*..........................  2873-2879...............................................  Agricultural Chemicals,
                                                                                         Including Facilities
                                                                                         that Make Fertilizer
                                                                                         Solely from Leather
                                                                                         Scraps and Leather
                                                                                         Dust.
8...........................  2891-2899...............................................  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*..........................  2951, 2952..............................................  Asphalt Paving and
                                                                                         Roofing Materials.
2...........................  2992, 2999..............................................  Miscellaneous Products
                                                                                         of Petroleum and Coal.
----------------------------------------------------------------------------------------------------------------
                    Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1...........................  3211....................................................  Flat Glass.
                              3221, 3229..............................................  Glass and Glassware,
                                                                                         Pressed or Blown.
                              3231....................................................  Glass Products Made of
                                                                                         Purchased Glass.
                              3281....................................................  Cut Stone and Stone
                                                                                         Products.
                              3297....................................................  Abrasive, Asbestos, and
                                                                                         Miscellaneous
                                                                                         Nonmetallic Mineral
                                                                                         Products.
2...........................  3241....................................................  Hydraulic Cement.
3*..........................  3251-3259...............................................  Structural Clay
                                                                                         Products.
                              3262-3269...............................................  Pottery and Related
                                                                                         Products.
                              3297....................................................  Non-Clay Refractories.
4*..........................  3271-3275...............................................  Concrete, Gypsum and
                                                                                         Plaster Products.
                              3295....................................................  Minerals and Earth's,
                                                                                         Ground, or Otherwise
                                                                                         Treated.
----------------------------------------------------------------------------------------------------------------
                                            s2Sector F. Primary Metals
----------------------------------------------------------------------------------------------------------------
1*..........................  3312-3317...............................................  Steel Works, Blast
                                                                                         Furnaces, and Rolling
                                                                                         and Finishing Mills.
2*..........................  3321-3325...............................................  Iron and Steel
                                                                                         Foundries.
3...........................  3331-3339...............................................  Primary Smelting and
                                                                                         Refining of Nonferrous
                                                                                         Metals.
4...........................  3341....................................................  Secondary Smelting and
                                                                                         Refining of Nonferrous
                                                                                         Metals.
5*..........................  3351-3357...............................................  Rolling, Drawing, and
                                                                                         Extruding of Nonferrous
                                                                                         Metals.
6*..........................  3363-3369...............................................  Nonferrous Foundries
                                                                                         (Castings).
7...........................  3398, 3399..............................................  Miscellaneous Primary
                                                                                         Metal Products.
----------------------------------------------------------------------------------------------------------------
                                Sector G. Metal Mining (Ore Mining and Dressing)
----------------------------------------------------------------------------------------------------------------
1...........................  1011....................................................  Iron Ores.
2*..........................  1021....................................................  Copper Ores.
3...........................  1031....................................................  Lead and Zinc Ores.
4...........................  1041, 1044..............................................  Gold and Silver Ores.
5...........................  1061....................................................  Ferroalloy Ores, Except
                                                                                         Vanadium.
6...........................  1081....................................................  Metal Mining Services.
7...........................  1094, 1099..............................................  Miscellaneous Metal
                                                                                         Ores.
----------------------------------------------------------------------------------------------------------------
                             Sector H. Coal Mines and Coal Mining-Related Facilities
----------------------------------------------------------------------------------------------------------------
NA*.........................  1221-1241...............................................  Coal Mines and Coal
                                                                                         Mining-Related
                                                                                         Facilities.
----------------------------------------------------------------------------------------------------------------
                                        Sector I. Oil and Gas Extraction
----------------------------------------------------------------------------------------------------------------
1*..........................  1311....................................................  Crude Petroleum and
                                                                                         Natural Gas.
2...........................  1321....................................................  Natural Gas Liquids.
3*..........................  1381-1389...............................................  Oil and Gas Field
                                                                                         Services.
4...........................  2911....................................................  Petroleum refining
----------------------------------------------------------------------------------------------------------------

[[Page 17015]]

 
                                      Sector J. Mineral Mining and Dressing
----------------------------------------------------------------------------------------------------------------
1*..........................  1411....................................................  Dimension Stone.
                              1422-1429...............................................  Crushed and Broken
                                                                                         Stone, Including Rip
                                                                                         Rap.
                              1481....................................................  Nonmetallic Minerals,
                                                                                         Except Fuels.
2*..........................  1442, 1446..............................................  Sand and Gravel.
3...........................  1455, 1459..............................................  Clay, Ceramic, and
                                                                                         Refractory Materials.
4...........................  1474-1479...............................................  Chemical and Fertilizer
                                                                                         Mineral Mining.
                              1499....................................................  Miscellaneous
                                                                                         Nonmetallic Minerals,
                                                                                         Except Fuels.
----------------------------------------------------------------------------------------------------------------
                       Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
----------------------------------------------------------------------------------------------------------------
NA*.........................  HZ......................................................  Hazardous Waste
                                                                                         Treatment, Storage or
                                                                                         Disposal.
----------------------------------------------------------------------------------------------------------------
                                 Sector L. Landfills and Land Application Sites
----------------------------------------------------------------------------------------------------------------
NA*.........................  LF......................................................  Landfills, Land
                                                                                         Application Sites and
                                                                                         Open Dumps.
----------------------------------------------------------------------------------------------------------------
                                       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*.........................  SE......................................................  Steam Electric
                                                                                         Generating Facilities.
----------------------------------------------------------------------------------------------------------------
                                          Sector P. Land Transportation
----------------------------------------------------------------------------------------------------------------
1...........................  4011, 4013..............................................  Railroad Transportation.
2...........................  4111-4173...............................................  Local and Highway
                                                                                         Passenger
                                                                                         Transportation.
3...........................  4212-4231...............................................  Motor Freight
                                                                                         Transportation and
                                                                                         Warehousing.
4...........................  4311....................................................  United States Postal
                                                                                         Service.
5...........................  5171....................................................  Petroleum Bulk Stations
                                                                                         and Terminals.
----------------------------------------------------------------------------------------------------------------
                                         Sector Q. Water Transportation
----------------------------------------------------------------------------------------------------------------
NA*.........................  4412-4499...............................................  Water Transportation.
----------------------------------------------------------------------------------------------------------------
                               Sector R. Ship and Boat Building or Repairing Yards
----------------------------------------------------------------------------------------------------------------
NA..........................  3731, 3732..............................................  Ship and Boat Building
                                                                                         or Repairing Yards.
----------------------------------------------------------------------------------------------------------------
                                     Sector S. Air Transportation Facilities
----------------------------------------------------------------------------------------------------------------
NA*.........................  4512-4581...............................................  Air Transportation
                                                                                         Facilities.
----------------------------------------------------------------------------------------------------------------
                                            Sector T. Treatment Works
----------------------------------------------------------------------------------------------------------------
NA*.........................  TW......................................................  Treatment Works.
----------------------------------------------------------------------------------------------------------------
                                       Sector U. Food and Kindred Products
----------------------------------------------------------------------------------------------------------------
1...........................  2011-2015...............................................  Meat Products.
2...........................  2021-2026...............................................  Dairy Products.
3...........................  2032....................................................  Canned, Frozen and
                                                                                         Preserved Fruits,
                                                                                         Vegetables and Food
                                                                                         Specialties.
4*..........................  2041-2048...............................................  Grain Mill Products.
5...........................  2051-2053...............................................  Bakery Products.
6...........................  2061-2068...............................................  Sugar and Confectionery
                                                                                         Products.
7*..........................  2074-2079...............................................  Fats and Oils.
8...........................  2082-2087...............................................  Beverages.
9...........................  2091-2099...............................................  Miscellaneous Food
                                                                                         Preparations and
                                                                                         Kindred Products.
                              2111-2141...............................................  Tobacco Products.
----------------------------------------------------------------------------------------------------------------
                    Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1...........................  2211-2299...............................................  Textile Mill Products.
2...........................  2311-2399...............................................  Apparel and Other
                                                                                         Finished Products Made
                                                                                         From Fabrics and
                                                                                         Similar Materials.
                              3131-3199 (except 3111).................................  Leather Products.
----------------------------------------------------------------------------------------------------------------

[[Page 17016]]

 
                                        Sector W. Furniture and Fixtures
----------------------------------------------------------------------------------------------------------------
NA..........................  2511-2599...............................................  Furniture and Fixtures.
                              2434....................................................  Wood Kitchen Cabinets.
----------------------------------------------------------------------------------------------------------------
                                        Sector X. Printing and Publishing
----------------------------------------------------------------------------------------------------------------
NA..........................  2711-2796...............................................  Printing, Publishing and
                                                                                         Allied Industries.
----------------------------------------------------------------------------------------------------------------
          Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
----------------------------------------------------------------------------------------------------------------
1*..........................  3011....................................................  Tires and Inner Tubes.
                              3021....................................................  Rubber and Plastics
                                                                                         Footwear.
                              3052, 3053..............................................  Gaskets, Packing, and
                                                                                         Sealing Devices and
                                                                                         Rubber and Plastics
                                                                                         Hose and Belting.
                              3061, 3069..............................................  Fabricated Rubber
                                                                                         Products, Not Elsewhere
                                                                                         Classified.
2...........................  3081-3089...............................................  Miscellaneous Plastics
                                                                                         Products.
                              3931....................................................  Musical Instruments.
                              3942-3949...............................................  Dolls, Toys, Games and
                                                                                         Sporting and Athletic
                                                                                         Goods.
                              3951-3955 (except 3952 as specified in Sector C)........  Pens, Pencils, and Other
                                                                                         Artists' Materials.
                              3961, 3965..............................................  Costume Jewelry, Costume
                                                                                         Novelties, Buttons, and
                                                                                         Miscellaneous Notions,
                                                                                         Except Precious Metal.
                              3991-3999...............................................  Miscellaneous
                                                                                         Manufacturing
                                                                                         Industries.
----------------------------------------------------------------------------------------------------------------
                                     Sector Z. Leather Tanning and Finishing
----------------------------------------------------------------------------------------------------------------
NA..........................  3111....................................................  Leather Tanning and
                                                                                         Finishing.
----------------------------------------------------------------------------------------------------------------
                                      Sector AA. Fabricated Metal Products
----------------------------------------------------------------------------------------------------------------
1*..........................  3411-3499...............................................  Fabricated Metal
                                                                                         Products, Except
                                                                                         Machinery and
                                                                                         Transportation
                                                                                         Equipment and Cutting,
                                                                                         Engraving and Allied
                                                                                         Services.
                              3911-3915...............................................  Jewelry, Silverware, and
                                                                                         Plated Ware.
2*..........................  3479....................................................  Coating, Engraving, and
                                                                                         Allied Services.
----------------------------------------------------------------------------------------------------------------
                     Sector AB. Transportation Equipment, Industrial or Commercial Machinery
----------------------------------------------------------------------------------------------------------------
NA..........................  3511-3599 (except 3571-3579)............................  Industrial and
                                                                                         Commercial Machinery
                                                                                         (except Computer and
                                                                                         Office Equipment--see
                                                                                         Sector AC).
NA..........................  3711-3799 (except 3731, 3732)...........................  Transportation Equipment
                                                                                         (except Ship and Boat
                                                                                         Building and Repairing--
                                                                                         see Sector R).
----------------------------------------------------------------------------------------------------------------
                        Sector AC. Electronic, Electrical, Photographic and Optical Goods
----------------------------------------------------------------------------------------------------------------
NA..........................  3612-3699...............................................  Electronic, Electrical
                                                                                         Equipment and
                                                                                         Components, Except
                                                                                         Computer Equipment.
                              3812-3873...............................................  Measuring, Analyzing and
                                                                                         Controlling Instrument;
                                                                                         Photographic and
                                                                                         Optical Goods, Watches
                                                                                         and Clocks.
                              3571-3579...............................................  Computer and Office
                                                                                         Equipment.
----------------------------------------------------------------------------------------------------------------
        Sector AD. Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements.
NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable.

    The final MSGP modification of September 30, 1998 (63 FR 52430) 
expanded the coverage of the 1995 MSGP to include a small number of 
categories of facilities which had been covered by the 1992 baseline 
industrial general permit but excluded from the MSGP. In Table 1 above, 
these categories have been included in the appropriate sectors/
subsectors of the MSGP as determined by the September 30, 1998 
modification.
    With the September 30, 1998 modification, EPA believes that the 
MSGP now covers 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) (except construction activities 
disturbing five or more acres which are permitted separately). However, 
the September 30, 1998 modification also added another sector to the 
MSGP (Sector AD) to cover any inadvertent omissions. EPA is proposing 
to retain Sector AD in the reissued MSGP.
    Sector AD is further intended to provide a readily available means 
for covering many of the storm water facilities which are designated 
for permitting in accordance with NPDES regulations at 40 CFR 
122.26(g)(1)(i). These regulations provide that permit applications may 
be required within 180 days of notice for any discharges which 
contribute to a violation of a water

[[Page 17017]]

quality standard, or are determined to be significant sources of 
pollutants.
    EPA also 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 today's proposal, but elected to retain the 1987 SIC 
code system since the storm water regulations (40 CFR 122.26(b)(14)) 
reference the previous system and this system has generally proven to 
be adequate for identifying the facilities covered by storm water 
regulations. EPA will consider transitioning to the new NAICS system in 
future rule making.

V. Limitations on Coverage

A. Storm Water Discharges Subject to Effluent Guideline Limitations, 
Including New Source Performance Standards

    The general prohibition on coverage of storm water subject to an 
effluent guideline limitation in the 1995 MSGP has been retained. Only 
those storm water discharges subject to the following effluent 
guidelines are eligible for coverage (provided they meet all other 
eligibility requirements):

         Table 2.--Effluent Guidelines Applicable to Discharges That May be Eligible for Permit Coverage
----------------------------------------------------------------------------------------------------------------
                Effluent guideline                             New source 1                     Sectors 2
----------------------------------------------------------------------------------------------------------------
Runoff from material storage piles at cement        Yes...............................  E
 manufacturing facilities [40 CFR Part 411 Subpart
 C (established February 23, 1977)].
Contaminated runoff from phosphate fertilizer       Yes...............................  C
 manufacturing facilities [40 CFR Part 418 Subpart
 A (established April 8, 1974)].
Coal pile runoff at steam electric generating       Yes...............................  O
 facilities [40 CFR Part 423 (established November
 19, 1982)].
Discharges resulting from spray down or             Yes...............................  A
 intentional wetting of logs at wet deck storage
 areas [40 CFR Part 429, Subpart I (established
 January 26, 1981)].
Mine dewatering discharges at crushed stone mines   No................................  J
 [40 CFR part 436, Subpart B].
Mine dewatering discharges at construction sand     No................................  J
 and gravel mines [40 CFR part 436, Subpart C].
Mine dewatering discharges at industrial sand       No................................  J
 mines [40 CFR part 436, Subpart D].
Runoff from asphalt emulsion facilities [40 CFR     Yes...............................  D
 Part 443 Subpart A (established July 24, 1975)]..
Runoff from landfills, [40 CFR Part 445, Subpart A  Yes...............................  K & L
 and B (established February 2, 2000.].
----------------------------------------------------------------------------------------------------------------
1 New Source Performance Standards Included in Effluent Guidelines?
2 Sectors with Affected Facilitates.

    Section 306 of the Clean Water Act (CWA) requires EPA to develop 
performance standards for all new sources described in that section. 
These standards apply to all facilities which go into operation after 
the date the standards are promulgated. Section 511(c) of the CWA Act 
requires the Agency to comply with the National Environmental Policy 
Act (NEPA) prior to issuance of a permit under the authority of section 
402 of the CWA to facilities defined as a new source under Section 306.
    The fact sheet for the existing MSGP described a process for 
ensuring compliance with NEPA for the MSGP (60 FR 50809). This process, 
which is repeated below, is proposed to be retained for the reissued 
MSGP. Additional guidance is found in a new Addendum C to the proposed 
MSGP.
    Facilities which are subject to the performance standards for new 
sources as described in this section of the fact sheet must provide EPA 
with an Environmental Information Document pursuant to 40 CFR 6.101 
prior to seeking coverage under this permit. This information shall be 
used by the Agency to evaluate the facility under the requirements of 
NEPA in an Environmental Review. The Agency will make a final decision 
regarding the direct or indirect impact of the discharge. The Agency 
will follow all administrative procedures required in this process. The 
permittee must obtain a copy of the Agency's final finding prior to the 
submission of a Notice of Intent to be covered by this general permit. 
In order to maintain eligibility, the permittee must implement any 
mitigation required of the facility as a result of the NEPA review 
process. Failure to implement mitigation measures upon which the 
Agency's NEPA finding is based is grounds for termination of permit 
coverage. In this way, EPA has established a procedure which allows for 
the appropriate review procedures to be completed by this Agency prior 
to the issuance of a permit under section 402 of the CWA to an operator 
of a facility subject to the new source performance standards of 
section 306 of the CWA. EPA believes that it has fulfilled its 
requirements under NEPA for this Federal action under section 402 of 
the CWA.

B. Historic Preservation

    The National Historic Preservation Act (NHPA) requires Federal 
agencies to take into account the effects of Federal undertakings, 
including undertakings on historic properties that are either listed 
on, or eligible for listing on, the National Register of Historic 
Places. The term ``Federal undertaking'' is defined in the existing 
NHPA regulations to include any project, activity, or program under the 
direct or indirect jurisdiction of a Federal agency that can result in 
changes in the character or use of historic properties, if any such 
historic properties are located in the area of potential effects for 
that project, activity, or program. See 36 CFR 800.2(a). Historic 
properties are defined in the NHPA regulations to include prehistoric 
or historic districts, sites, buildings, structures, or objects that 
are included in, or are eligible for inclusion in, the National 
Register of Historic Places. See 36 CFR 800.2(e).
    Federal undertakings include the EPA's issuance of general NPDES 
permits. In light of NHPA requirements, EPA included a provision in the 
eligibility requirements of the 1995 MSGP for the consideration of the 
effects to historic properties. That provision provides that an 
applicant is eligible for permit coverage only if: (1) The applicant's 
storm water discharges and BMPs to control storm water runoff do not 
affect a historic property, or (2) the applicant has obtained, and is 
in compliance with, a written agreement between the applicant and the 
State Historic Preservation Officer (SHPO) that outlines all measures 
to be taken by the applicant to mitigate or prevent adverse effects to 
the historic property.

[[Page 17018]]

See Part I.B.6, 60 FR 51112 (September 29, 1995). When applying for 
permit coverage, applicants are required to certify in the NOI that 
they are in compliance with the Part I.B.6 eligibility requirements. 
Provided there are no other factors limiting permit eligibility, MSGP 
coverage is then granted 48 hours after the postmark on the envelope 
used to the mail the NOI.
    The September 30, 1998 modification included two revisions of the 
original MSGP with respect to historic properties. First, EPA amended 
the original Part I.B.6.(ii) to include a reference to Tribal Historic 
Preservation Officers (THPOs) because MSGP coverage extends to Tribal 
lands and in recognition of the central role Tribal governments play in 
the protection of historic resources. Second, EPA included NHPA 
guidance and a list of SHPO and THPO addresses in a new Addendum I to 
the MSGP to assist applicants with the certification process for permit 
eligibility under this condition.
    For the MSGP-2000, EPA is proposing to modify slightly the 
requirements of the first option for obtaining permit coverage to 
enhance the protection of historic properties. Permit coverage would 
only be available if storm water and allowable non-storm water 
discharges and ``discharge-related activities'' do not affect historic 
properties. ``Discharge-related activities'' are defined to include 
activities which cause, contribute to, or result in storm water and 
allowable non-storm water point source discharges, and measures such as 
the siting, construction and obtained, and is in compliance with, a 
written agreement between the applicant and the State Historic 
Preservation Officer (SHPO) that outlines all measures to be taken by 
the applicant to mitigate or prevent adverse effects to the historic 
property. See Part I.B.6, 60 FR 51112 (September 29, 1995). When 
applying for permit coverage, applicants are required to certify in the 
NOI that they are in compliance with the Part I.B.6 eligibility 
requirements. Provided there are no other factors limiting permit 
eligibility, MSGP coverage is then granted 48 hours after the postmark 
on the envelope used to the mail the NOI.
    The September 30, 1998 modficiation included two revisions of the 
original MSGP with respect to historic properties. First, EPA amended 
the original Part I.B.6(ii) to include a reference to Tribal Historic 
Preservation Officers (THPOs) because MSGP coverage extends to Tribal 
lands and in recognition of the central role Tribal governments play in 
the protection of historic resources. Second, EPA included NHPA 
guidance and a list of SHPO and THPO addresses in a new Addendum I to 
the MSGP to assist applicants with the certification process for permit 
eligibility under this condition.
    For the MSGP-2000, EPA is proposing to modify slightly the 
requirements of the first option for obtaining permit coverage to 
enhance the protection of historic properties. Permit coverage would 
only available if storm water and allowable non-storm water discharges 
and ``discharge-related activities'' do not affect historic properties. 
``Discharge-related activities'' are defined to include activities 
which cause, contribute to, or result in storm water and allowable non-
storm water point source discharges, and measures such as the siting, 
construction and operation of BMPs to control, reduce of prevent 
pollution in the discharges. Discharge-related activity is included to 
ensure compliance with NHPA requirements to consider the effects of 
activities which are related to the activity which is permitted, i.e., 
the storm water and non-storm water discharges.
    Also, as discussed in Section VI.A.1 below, EPA is proposing to 
modify the Notice of Intent form to require that operators identify 
which of the above two options they are using to ensure eligibility for 
permit coverage under the MSGP. The NHPA guidance has also been 
modified to reflect the above changes, and appears in Addendum B in 
today's notice rather than Addendum I.
    Facilities seeking coverage under the MSGP which cannot certify 
compliance with the NHPA requirements must submit individual permit 
applications to the permitting authority. For facilities already 
covered by the existing MSGP, the deadline for the individual 
applications is the same as that for NOIs requesting coverage under the 
reissued MSGP (December 29, 2000).

C. Endangered Species

    The Endangered Species Act (ESA) of 1973 requires Federal Agencies 
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife 
Service (FWS) and the National Marine Fisheries Service (NMFS) (also 
known collectively as the ``Services''), that any actions authorized, 
funded, or carried out by the Agency (e.g., EPA issued NPDES permits 
authorizing discharges to waters of the United States) are not likely 
to jeopardize the continued existence of any Federally-listed 
endangered or threatened species or adversely modify or destroy 
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR part 
402 and 40 CFR 122.49(c)).
    For the 1995 MSGP, EPA conducted formal consultation with the 
Services which resulted in a joint Service biological opinion issued by 
the FWS on March 31, 1995, and by the NMFS on April 5, 1995, which 
concluded that the issuance and operation of the MSGP was not likely to 
jeopardize the existence of any listed endangered or threatened 
species, or result in the adverse modification or destruction of any 
critical habitat.
    The existing MSGP contains a number of conditions to protect listed 
species and critical habitat. Permit coverage is only provided where:
     The storm water discharge(s), and the construction of BMPs 
to control storm water runoff, are not likely to adversely affect 
species identified in Addendum H of the permit; or
     The applicant's activity has received previous 
authorization under the Endangered Species Act and established an 
environmental baseline that is unchanged; or,
     The applicant is implementing appropriate measures as 
required by the Director to address adverse effects.
    For the MSGP-2000, EPA is proposing to modify the ESA-related 
requirements for obtaining permit coverage to enhance the protection of 
listed species. First, permit coverage is only available if storm water 
and allowable non-storm water discharges and ``discharge-related 
activities'' avoid unacceptable effects to listed species. ``Discharge-
related activities'' are defined to include activities which cause, 
contribute to or result in storm water and allowable non-storm water 
point source discharges, and measures such as the siting, construction 
and operation of BMPs to control, reduce or prevent pollution in the 
discharges. Inclusion of discharge-related activity is for compliance 
with ESA requirements to consider the effects of activities which are 
related to the activity which is permitted, i.e., the storm water and 
non-storm water discharges. NOTE: The permit conditions, NOI 
requirements and/or related guidance for the final permit are subject 
to revision based on results of required ESA Sec. 7 consultations with 
the Services over issuance of the permit.
    In addition, operators seeking coverage under the proposed MSGP 
must certify that they are eligible for coverage under one of the 
following five options which are provided in Parts 1.2.3.6.3.1 through 
5 of the permit:
    1. No endangered or threatened species or critical habitat are in 
proximity to the facility or the point

[[Page 17019]]

where authorized discharges reach the receiving water; or
    2. In the course of a separate federal action involving the 
facility (e.g.,
 EPA processing request for an individual NPDES permit, issuance of a 
CWA Section 404 wetlands dredge and fill permit, etc.), formal or 
informal consultation with the Fish and Wildlife Service and/or the 
National Marine Fisheries Service under section 7 of the ESA has been 
concluded and that consultation:
    (a) Addressed the effects of the storm water and allowable non-
storm water discharges and discharge-related activities on listed 
species and critical habitat and
    (b) The consultation resulted in either a no jeopardy opinion or a 
written concurrence by the Service(s) on a finding that the storm water 
and allowable non-storm water discharges and discharge-related 
activities are not likely to adversely affect listed species or 
critical habitat; or
    3. The activities are authorized under section 10 of the ESA and 
that authorization addresses the effects of the storm water and 
allowable non-storm water discharges and discharge-related activities 
on listed species and critical habitat; or
    4. Using due diligence, the operator has evaluated the effects of 
the storm water discharges, allowable non-storm water discharges, and 
discharge-related activities on listed endangered or threatened species 
and critical habitat and does not have reason to believe listed species 
or critical habitat would be adversely affected; or
    5. The storm water and allowable non-storm water discharges and 
discharge-related activities were already addressed in another 
operator's certification of eligibility under Part 1.2.3.6.3.1 through 
1.2.3.6.3.4 which included the facility's activities. By certifying 
eligibility under this Part, a permittee agrees to comply with any 
measures or controls upon which the other operator's certification was 
based.
    The first four options listed above are similar to the eligibility 
provisions of the existing MSGP. Option 5 was added to account for 
situations such as an airport facility where one operator (e.g., the 
airport authority) may have covered the entire airport through its 
certification. Option 5 would allow other operators to take advantage 
of such a certification without repeating the reviews conducted by the 
first operator. Options 1 and 4 are essentially the two halves of the 
1995 MSGP's ``unlikely to adversely effect'' option. Option 1 would 
apply to operators who are not adversely affecting endangered species 
because listed species simply are not in proximity to their facility. 
Option 4 would apply to operators who have endangered species nearby 
and must look more closely at potential adverse effects and may need to 
adopt measures to reduce the risk of adverse effects on listed species 
or critical habitat. The separation of the two routes to determine that 
a facility is unlikely to adversely affect listed species, coupled with 
the new NOI requirement to indicate whether or not the Service was 
contacted in making the determination will also allow for better 
oversight of the permit. Under the 1995 permit, there was no way to 
tell from the NOI information whether the decision on eligibility was 
due to no species in the county, a discussion with the Service, or a 
simple unilateral decision by the operator.
    Addendum H of the 1995 MSGP provided instructions to assist 
permittees in determining whether they meet the permit's ESA-related 
eligibility requirements. For today's proposed MSGP-2000, this guidance 
has been updated to reflect above requirements and appears as Addendum 
A. As noted in Section VI.A.1 below, EPA is also proposing to modify 
the Notice of Intent form to conform with new ESA requirements 
discussed above.
    Addendum H of the 1995 MSGP contained a list of proposed and listed 
endangered and threatened species that could be affected by the 
discharges and measures to control pollutants in the discharges. EPA 
reinitiated and completed formal consultation with the Services for the 
September 30, 1998 modification of the MSGP. As a result of this 
consultation and in response to public comments on the modification, 
EPA updated the species list in Addendum H to include species that were 
listed or proposed for listing since the Addendum H list was originally 
compiled on March 31, 1995. EPA also decided to expand the list to 
include all of the terrestrial (i.e., non-aquatic) listed and proposed 
species in recognition that those species may be impacted by permitted 
activities such as the construction and operation of the BMPs. The 
September 30, 1998 MSGP modification included the species list updated 
as of July 8, 1998 (63 FR 52494). The species list is also being 
updated on a regular basis and an electronic copy of the list is 
available at the Office of Wastewater Management website at ``http://
www.epa.gov/owm/esalst2.htm''.
    To be eligible for coverage under the reissued MSGP, facilities 
must review the updated list of species and their locations in 
conjunction with the Addendum A instructions for completing the 
application requirements under this permit. If an applicant determines 
that none of the species identified in the updated species list are 
found in the county in which the facility is located, then there is no 
likelihood of an adverse effect and they are eligible for permit 
coverage. Applicants must then certify that their storm water and 
allowable non-storm water discharges, and their discharge-related 
activities, 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 listed species are 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 or allowable non-storm 
water discharges or discharge-related activities at the facility. A 
species is in proximity to a storm water or allowable non-storm water 
discharge when the species is located in the path or down gradient area 
through which or over which point source discharge 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 
discharge-related activities occur. If an applicant determines there 
are no species in proximity to the storm water or allowable non-storm 
water discharges, or discharge-related activities, 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 or allowable non-
storm water discharges or discharge-related activities, 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 impacts 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 or any other federal agency 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

[[Page 17020]]

coverage under this permit will be provided.
    In the absence of such previous authorization, if species 
identified in the updated species list are in proximity to the 
discharges or discharge-related activities, 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 A 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 unless or until they can 
meet one of the other eligibility conditions.
    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 listed species in proximity 
to the storm water or allowable non-storm water discharges or discharge 
related activity, and (2) An indication of which option under Part 
1.2.3.6.3 of the MSGP they claim eligibility for permit coverage, and 
(3) a certification that their storm water and allowable non-storm 
water discharges and discharge-related activities are not likely to 
adversely affect listed species, or are otherwise eligible for coverage 
due to a previous authorization under the ESA. Coverage is contingent 
upon the applicant's providing truthful information concerning 
certification and abiding by any conditions imposed by the permit.
    Dischargers who cannot determine if they meet one of the endangered 
species eligibility criteria cannot sign the certification to gain 
coverage under the MSGP and must apply to EPA for an individual NPDES 
storm water permit. For facilities already covered by the existing 
MSGP, the deadline for the individual applications is the same as that 
for NOIs requesting coverage under the reissued MSGP (December 29, 
2000). 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 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 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.

D. New Storm Water Discharges to Water Quality-Impaired or Water 
Quality-Limited Receiving Waters

    Today's proposal includes a new provision (Part 1.2.3.8) which 
establishes eligibility conditions with regard to discharges to water 
quality-limited or water quality-impaired waters. For the purposes of 
this permit, ``water quality-impaired'' refers to a stream, lake, 
estuary, etc. that is not currently meeting its assigned water quality 
standards. These waters are also referred to as ``303(d) waters'' due 
to the requirement under that section of the CWA for States to 
periodically list all state waters that are not meeting their water 
quality standards. ``Water quality-limited waters'' refers to 
waterbodies for which a State had to develop individual Total Maximum 
Daily Loads (TMDLs), a tool which helps waterbodies meet their water 
quality standards. A TMDL is a calculation of the maximum amount of a 
pollutant that a waterbody can receive and still meet water quality 
standards, and an allocation of that amount to the pollutant's sources. 
Water quality standards are set by States, Territories, and Tribes. 
They identify the uses for each waterbody, for example, drinking water 
supply, contact recreation (swimming), and aquatic life support 
(fishing), and the scientific criteria to support that use. The Clean 
Water Act, section 303, establishes the water quality standards and 
TMDL programs.
    Prior to submitting a Notice of Intent, any new discharger (see 40 
CFR 122.2) to a 303(d) waterbody must be able to demonstrate compliance 
with 40 CFR 122.4(i). In essence, you are a new discharger if your 
facility started discharging after August 13, 1979 and your storm water 
was not previously permitted. Any discharger to a waterbody for which 
there is an approved TMDL must confirm that the TMDL allocated a 
portion of the load for storm water point source discharges. These 
provisions apply only to discharges containing the pollutant(s) for 
which the waterbody is impaired or the TMDL developed.
    Part 1.2.3.8.1 (which applies to new storm water discharges and not 
to existing discharges) is designed to better ensure compliance with 
NPDES regulations at 40 CFR 122.4(i), which include certain special 
requirements for new discharges into impaired waterbodies. Lists of 
impaired waterbodies (sometimes referred to as 303(d) waterbodies) may 
be obtained from appropriate State environmental offices or their 
internet sites. NPDES regulations at 40 CFR 122.4(i) prohibit new 
discharges unless it can be shown that:

    1. There are sufficient remaining pollutant load allocations to 
allow for the discharge; and
    2. The existing dischargers into that segment are subject to 
compliance schedules designed to bring the segments into compliance 
with applicable water quality standards.

    Part 1.2.3.8.2 (which applies to both new and existing storm water 
discharges) is designed to better ensure compliance with NPDES 
regulations at 40 CFR 122.4(d), which requires compliance with State 
water quality standards. The eligibility condition prohibits coverage 
of new or existing discharges of a particular pollutant where there is 
a TMDL, unless the discharge is consistent with the TMDL. Lists of 
waterbodies with TMDLs may be obtained from appropriate State 
environmental offices or their internet sites and from EPA's TMDL 
internet site at http://www.epa.gov/owow/tmdl/index.html. It should 
also be noted that

[[Page 17021]]

EPA has recently proposed revisions to NPDES regulations pertaining to 
discharges to impaired receiving waters (64 FR 46058, August 23, 1999). 
How these revisions will ultimately apply to general permits is unclear 
at this time. However, the final MSGP may include additional 
requirements to ensure consistency with the final revisions.

E. Storm Water Discharges Subject to Anti-Degradation Provisions of 
Water Quality Standards

    Part 1.2.3.9 of today's proposed MSGP includes a new provision 
which clarifies that discharges which do not comply with applicable 
anti-degradation provisions of State water quality standards are not 
eligible for coverage under the MSGP. This eligibility condition is 
designed to better ensure compliance with NPDES regulations at 40 CFR 
122.4(d), which requires compliance with State water quality standards. 
Anti-degradation provisions may be obtained from the appropriate State 
environmental office or their internet sites.

F. Storm Water Discharges Previously Covered by an Individual Permit

    The 1995 MSGP contained general prohibitions on coverage where a 
discharge was covered by another NPDES permit (Part I.B.3.d) and where 
a permit had been terminated other than at the request of the permittee 
(Part I.B.3.e.). It was therefore possible to obtain coverage by 
requesting termination of an individual permit and then submitting an 
NOI for coverage under the MSGP. This could be desirable from both the 
discharger's and EPA's perspective for a variety of reasons, for 
example, where a wastewater permit included storm water outfalls, but 
the wastewater outfalls had been eliminated. Being able to use the 
general permit would reduce the application cost to the permittee and 
the administrative burden of permit issuance to the Agency. Today's 
permit clarifies the conditions under which transfer from an individual 
permit to this general permit would be acceptable (Part 1.2.3.3.2).
    In order to avoid conflict with the anti-backsliding provisions of 
the CWA, transfer from an individual permit to the MSGP will only be 
allowed where all of the following conditions are met:
     All wastewater discharges in the individual permit have 
been eliminated and only storm water discharges and eligible non-storm 
water discharges remain (e.g., wastewater is now discharged to a 
municipal sanitary sewer); and
     The individual permit did not contain numeric water 
quality-based effluent limitations developed for the storm water 
component of the discharge; and
     The permittee includes any specific BMPs for storm water 
required under the individual permit in their storm water pollution 
prevention plan.
     Implementation of a comprehensive pollution prevention 
plan for the entire facility (as opposed to selected outfalls in an 
individual permit) and compliance will all other conditions of the MSGP 
is deemed to be at least as stringent a technology-based permit limit 
as the conditions of the individual permit. This assumption is only 
made where the previous permit did not contain any specific water 
quality-based effluent limitations on storm water discharges (e.g., 
storm water contained high levels of zinc and the individual permit 
contained a zinc limit developed to assure compliance with the State 
water quality criteria).

VI. Summary of Common Permit Requirements

    The following section describes the permit conditions common to 
discharges from all the industrial activities covered by today's 
proposal. These conditions are largely the same as the conditions of 
the existing MSGP.

A. Notification Requirements

    General permits for storm water discharges associated with 
industrial activity must require the submission of a Notice of Intent 
(NOI) prior to the authorization of such discharges (see 40 CFR 
122.28(b)(2)(i), April 2, 1992 (57 FR 11394)). Consistent with these 
regulatory requirements, today's proposed MSGP establishes NOI 
requirements. These requirements apply to facilities currently covered 
by the existing MSGP, as well as new facilities seeking coverage. 
However, as noted earlier, EPA is proposing to modify the NOI form to 
allow the discharger, the Agency and the public to more easily 
determine permit eligibility and the sector-specific conditions that 
will apply to the facility. The proposed revised NOI form is found in 
Addendum D of today's proposed MSGP, and is also currently being 
reviewed by the Office of Management and Budget under the Paperwork 
Reduction Act. The information requirements of the revised NOI form are 
described below:
1. Contents of NOIs
    a. An indication of which permit the operator is filing the NOI for 
(e.g., a facility in New Hampshire would be filing for coverage under 
permit NHR05*###, a facility located on Navajo Reservation lands in New 
Mexico under the AZR05*##I permit, a private contractor operating a 
federal facility in Colorado that is not located on Indian Country 
lands under the COR05*##F permit, etc.);
    b. The name, address, and telephone number of the operator filing 
the NOI for permit coverage;
    c. An indication of whether the owner of the site is a Federal, 
State, Tribal, private, or other public entity;
    d. The name (or other identifier), address, county, and latitude/
longitude of the facility for which the NOI is submitted (latitude/
longitude will be accepted in either degree-minute-second or decimal 
format);
    e. An indication of whether the facility is located on Indian 
Country lands;
    f. An indication of whether the facility is a federal facility 
operated by the federal government;
    g. The name of the receiving water(s);
    h. The name of the municipal operator if the discharge enters a 
municipal separate storm sewer system prior to discharge to a water of 
the U.S.;
    i. Up to four 4-digit Standard Industrial Classification (SIC) 
codes that best represent the principal products produced or services 
rendered, including hazardous waste treatment, storage, or disposal 
activities, land disposal facilities that receive or have received any 
industrial waste, steam electric power generating facilities, or 
treatment works treating domestic sewage;
    j. Identification of applicable sector(s) in this permit, as 
designated in Table 1, for facility discharges associated with 
industrial activity the operator wishes to have covered under this 
permit;
    k. Certification that a storm water pollution prevention plan 
(SWPPP) meeting the requirements of Part 4 has been developed (with a 
copy of the permit language to the plan);
    l. Based on the instructions in Addendum A, whether any listed or 
proposed threatened or endangered species, or designated critical 
habitat, are in proximity to the storm water discharges or storm water 
discharge-related activities to be covered by this permit;
    m. Under which Part(s) of Part 1.2.3.6 (Endangered Species) the 
applicant is certifying eligibility and whether the FWS or NMFS was 
involved in making the determination of eligibility;
    n. Whether any historic property listed or eligible for listing on 
the National Register of Historic Places is located on the facility or 
in proximity to the discharge;
    o. Under which Part(s) of Part 1.2.3.7 (Historic Properties) the 
applicant is

[[Page 17022]]

certifying eligibility and whether the SHPO or THPO was involved in the 
determination of eligibility;
    p. A signed and dated certification, signed by a authorized 
representative of the facility as detailed in Part 9.7 that certifies 
the following:
    ``I certify under penalty of law that I have read and understand 
the Part 1.2 eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements relating 
to the protection of endangered or threatened species or critical 
habitat. To the best of my knowledge, the storm water and allowable 
non-storm discharges authorized by this permit (and discharged related 
activities), are not likely and will not likely, adversely affect 
endangered or threatened species or critical habitat, or are otherwise 
eligible for coverage under Part 1.2.3.6 of the permit. To the best of 
my knowledge, I further certify that such discharges and discharge 
related activities do not have an effect on properties listed or 
eligible for listing on the National Register or Historic Places under 
the National Historic Preservation Act, or are otherwise eligible for 
coverage under Part 1.2.3.7 of the permit. I understand that continued 
coverage under the multi-sector storm water general permit is 
contingent upon maintaining eligibility as provided for in Part 1.2''
    The NOI must be signed in accordance with the signatory 
requirements of 40 CFR 122.22. A complete description of these 
signatory requirements is provided in the instructions accompanying the 
NOI. Completed NOI forms must be submitted to the Storm Water Notice of 
Intent (4203), 401 M Street, SW., Washington, DC 20460.
    Under the 1995 MSGP, continued coverage under the general permit 
(should it expire without a replacement permit being issued) was 
available provided the permittee applied for the replacement general 
permit according to the deadlines established in that permit. The new 
MSGP has clarified this process at Part 9.2.
    In the future (but not at the present time), EPA may also allow 
alternate means of NOI submission (such as electronic submission). An 
alternate means of NOI submission may be used by operators provided EPA 
has informed the operator of the acceptability of the alternative.
2. Deadlines
    For facilities currently covered by the existing MSGP, the deadline 
for submission of an NOI requesting coverage under the MSGP-2000 is 
December 29, 2000 (90 days after expiration of the existing MSGP). For 
these facilities, the requirements of the existing MSGP are 
incorporated into the MSGP-2000 and would continue to apply during the 
interim period subsequent to the expiration of the existing MSGP, but 
prior to submission of the NOI requesting coverage under the reissued 
MSGP.
    Facilities currently covered by the existing MSGP who cannot 
immediately determine if they are eligible for coverage under the MSGP-
2000 may nevertheless be covered for up to 270 days provided an 
application for an alternative permit is submitted within 90 days. This 
interim coverage allows permit coverage while the permittee assesses 
their eligibility for the MSGP-2000 and, if necessary, still meet the 
180 day lead time required for applications for individual permits.
    For facilities commencing operations after reissuance of the MSGP, 
the NOI must be submitted at least two days prior to the commencement 
of the new industrial activity. New operators of existing facilities 
must also submit the NOI at least two days prior to assuming 
operational control at existing facilities.
    Dischargers who submit a complete NOI in accordance with the MSGP 
requirements are authorized to discharge storm water associated with 
industrial activity two days after the date the NOI is postmarked, 
unless otherwise notified by EPA. EPA may deny coverage under the MSGP 
and require submission of an individual NPDES permit application based 
on a review of the completeness and/or content of the NOI or other 
information (e.g., Endangered Species Act compliance, National Historic 
Preservation Act Compliance, water quality information, compliance 
history, history of spills, etc.). Where EPA requires a discharger 
authorized under the MSGP to apply for an individual NPDES permit (or 
an alternative general permit), EPA will notify the discharger in 
writing that a permit application (or different NOI) is required by an 
established deadline. Coverage under the MSGP will automatically 
terminate if the discharger fails to submit the required permit 
application in a timely manner. Where the discharger does submit a 
requested permit application, coverage under the MSGP will 
automatically terminate on the effective date of the issuance or denial 
of the individual NPDES permit or the alternative general permit as it 
applies to the individual permittee.
    A discharger is not precluded from submitting an NOI at a later 
date than described above. However, in such instances, EPA may bring 
appropriate enforcement actions.
3. Municipal Separate Storm Sewer System Operator Notification
    Operators of storm water discharges associated with industrial 
activity that discharge through a large or medium municipal separate 
storm sewer system (MS4) or a municipal system designated by the 
Director,\1\ must (upon request of the MS4 operator) submit a copy of 
the NOI to the municipal operator of the system receiving the 
discharge. This proposed requirement differs from the existing MSGP 
which requires that a copy of the NOI be sent to the MS4 operator. The 
MSGP is proposed to be modified in this regard to reduce paperwork 
requirements, and in consideration of the fact that most large and 
medium MS4 operators already have good information concerning the 
industrial facilities discharging into their MS4s.
---------------------------------------------------------------------------

    \1\ The terms large and medium municipal separate storm sewer 
systems (systems serving a population of 100,000 or more) are 
defined at 40 CFR 122.26(b)(4) and (7). Some of the cities and 
counties in which these systems are found are listed in Appendices 
F, G, H, and I to 40 CFR Part 122. Other municipal systems have been 
designated by EPA on a case-by-case basis or have brought into the 
program based upon the 1990 Census.
---------------------------------------------------------------------------

    EPA wishes to ensure a coordinated program between EPA and 
operators of MS4s for controlling pollutants in storm water discharges 
associated with industrial activity which enter an MS4. Such a 
coordinated program was intended by EPA's original storm water permit 
application regulations of November 16, 1990 (47 FR 47990). Additional 
discussion of this matter can be found in the original proposed MSGP 
(58 FR 61146).
4. Notice of Termination
    Where a discharger is able to eliminate the storm water discharges 
associated with industrial activity from a facility, the discharger may 
submit a Notice of Termination (NOT) form (or photocopy thereof) 
provided by the Director. Today's proposed MSGP also differs from the 
existing MSGP by requiring that an NOT be submitted within 30 days 
after one or both of the following two conditions having been met:
    a. A new owner/operator has assumed responsibility for the 
facility; or
    b. The permittee has ceased operations at the facility and there no 
longer are discharges of storm water associated with industrial 
activity from the facility;
    A copy of the NOT and instructions for completing the NOT are 
included in

[[Page 17023]]

Addendum E. The NOT form requires the following information:
    a. Name, mailing address, and location of the facility for which 
the notification is submitted. Where a street address for the site is 
not available, the location of the approximate center of the site must 
be described in terms of the latitude and longitude to the nearest 15 
seconds, or the section, township and range to the nearest quarter;
    b. The name, address and telephone number of the operator addressed 
by the Notice of Termination;
    c. The NPDES permit number for the storm water discharge associated 
with industrial activity identified by the NOT;
    d. An indication of whether the storm water discharges associated 
with industrial activity have been eliminated or the operator of the 
discharges has changed; and
    e. The following certification:
    I certify under penalty of law that all storm water discharges 
associated with industrial activity from the identified facility that 
are authorized by an NPDES general permit have been eliminated or that 
I am no longer the operator of the industrial activity. I understand 
that by submitting this Notice of Termination I am no longer authorized 
to discharge storm water associated with industrial activity under this 
general permit, and that discharging pollutants in storm water 
associated with industrial activity to waters of the United States is 
unlawful under the Clean Water Act where the discharge is not 
authorized by an NPDES permit. I also understand that the submission of 
this notice of termination does not release an operator from liability 
for any violations of this permit or the Clean Water Act.
    NOTs are to be sent to the Storm Water Notice of Termination 
(4203), 401 M Street SW, Washington, DC 20460.
    The NOT must be signed in accordance with the signatory 
requirements of 40 CFR 122.22. A complete description of these 
signatory requirements is provided in the instructions accompanying the 
NOT.
5. Conditional Exclusion for No Exposure
    The proposed MSGP includes a special provision (Part 1.5 of the 
permit) which provides that a facility may discontinue permit coverage 
if the facility determines that it is eligible for the ``no exposure'' 
permit exemption which was created by EPA as part of the promulgation 
of the Phase II storm water regulations (64 FR 68722). A notice of 
termination is not required to discontinue permit coverage under these 
circumstances. However, in accordance with the Phase II regulations, a 
no exposure certification must be filed with the permitting authority.
    It should also be noted that facilities operating under the 
existing MSGP are eligible, as of the effective date of the Phase II 
regulations, to submit no exposure certifications immediately if they 
meet the criteria for no exposure. No exposure certification renewals 
must be submitted five years from the time they are first submitted 
(assuming the facility still qualifies for the exemption). If 
conditions change at a facility such that renewed MSGP coverage is 
needed, the facility may submit an NOI requesting renewed coverage.
    EPA is also requesting comment on whether including a copy of the 
``No Exposure'' form and instructions as an addendum to the permit 
would be useful enough to outweigh the increase in length of the permit 
and cost of publication.

B. Special Conditions

    The conditions of today's proposed MSGP have been designed to 
comply with the technology-based standards of the CWA (BAT/BCT). Based 
on a consideration of the appropriate factors for BAT and BCT 
requirements, and a consideration of the factors and options for 
controlling pollutants in storm water discharges associated with 
industrial activity, the proposed MSGP lists a set of tailored 
requirements for developing and implementing storm water pollution 
prevention plans (SWPPPs), and for selected discharges, numeric 
effluent limitations.\2\ This is same approach as in the existing MSGP.
---------------------------------------------------------------------------

    \2\ Section 9.12.2 of the proposed MSGP provides that facilities 
with storm water discharges associated with industrial activity 
which, based on an evaluation of site specific conditions, believe 
that the appropriate conditions of this permit do not adequately 
represent BAT and BCT requirements for the facility may submit to 
the Director an individual application (Form 1 and Form 2F). A 
detailed explanation of the reasons why the conditions of the 
available general permits do not adequately represent BAT and BCT 
requirements for the facility as well as any supporting 
documentation must be included.
---------------------------------------------------------------------------

    Section VIII of the fact sheet for the 1995 MSGP summarized the 
industry-specific BMP options for controlling pollutants in storm water 
discharges associated with industrial activity for the various 
industrial sectors covered by the MSGP. Section VIII of today's fact 
sheet does not repeat the information from the 1995 fact sheet; 
however, updates are provided as appropriate.
    Section VI.B.4 of today's fact sheet discusses the storm water 
discharges which are subject to numeric effluent limitations. For other 
discharges covered by the proposed MSGP, the permit conditions reflect 
EPA's proposed decision to identify a number of BMP and traditional 
storm water management practices which prevent pollution in storm water 
discharges as the BAT/BCT level of control for the majority of storm 
water discharges covered by this permit. The permit conditions 
applicable to these discharges are not numeric effluent limitations, 
but rather are flexible requirements for developing and implementing 
site specific plans to minimize and control pollutants in storm water 
discharges associated with industrial activity.
    EPA is authorized under 40 CFR 122.44(k)(2) to impose BMPs in lieu 
of numeric effluent limitations in NPDES permits when the Agency finds 
numeric effluent limitations to be infeasible. EPA may also impose BMPs 
which are ``reasonably necessary * * * to carry out the purposes of the 
Act'' under 40 CFR 122.44(k)(3). Both of these standards for imposing 
BMPs were recognized in NRDC v. Costle, 568 F.2d 1369, 1380 (D.C. Cir. 
1977). The conditions in the proposed MSGP are issued under the 
authority of both of these regulatory provisions. The pollution 
prevention or BMP requirements in today's proposed permit operate as 
limitations on effluent discharges that reflect the application of BAT/
BCT. This is because the BMPs identified require the use of source 
control technologies which, in the context of the MSGP, are the best 
available of the technologies economically achievable (or the 
equivalent BCT finding). See NRDC v. EPA, 822 F.2d 104, 122-23 (D.C. 
Cir. 1987) (EPA has substantial discretion to impose nonquantitative 
permit requirements pursuant to Section 402(a)(1)).

1. Prohibition of Non-Storm Water Discharges

    Today's proposal includes basically the same provisions pertaining 
to non-storm water discharges as the current MSGP. Like the existing 
MSGP, the proposed MSGP does not authorize non-storm water discharges 
that are mixed with storm water except as provided below.
    The proposed MSGP would authorize one additional non-storm water 
discharge: mist discharges which originate from cooling towers and 
which are deposited at an industrial facility and may be discharged. 
During the term of the existing MSGP, these discharges were brought to 
the attention of EPA with a request that the discharges be authorized 
under the reissued MSGP.

[[Page 17024]]

The mist discharges would be authorized under the proposed MSGP 
provided:
    a. The permittee has evaluated the potential for the discharges to 
be contaminated by chemicals used in the cooling tower and determined 
that the levels of such chemicals in the discharges would not cause or 
contribute to a violation of an applicable water quality standard; and
    b. The permittee has addressed this source of pollutants with 
appropriate BMPs in the SWPPP.
    The other non-storm water discharges that would be authorized under 
today's proposed MSGP are the same as those in the existing MSGP and 
include discharges from fire fighting activities; fire hydrant 
flushings; potable water sources, including waterline flushings; 
irrigation drainage; lawn watering; routine external building washdown 
without detergents; pavement washwaters where spills or leaks of toxic 
or hazardous materials have not occurred (unless all spilled material 
has been removed) and where detergents are not used; air conditioning 
condensate; compressor condensate; springs; uncontaminated ground 
water; and foundation or footing drains where flows are not 
contaminated with process materials such as solvents that are combined 
with storm water discharges associated with industrial activity.
    To be authorized under the proposed MSGP, these other sources of 
non-storm water (except flows from fire fighting activities) must be 
identified in the SWPPP prepared for the facility. (SWPPP requirements 
are discussed in more detail below). Where such discharges occur, the 
SWPPP must also identify and ensure the implementation of appropriate 
pollution prevention measures for the non-storm water component(s) of 
the discharge.
    Today's proposal does not require pollution prevention measures to 
be identified and implemented for non-storm water flows from fire-
fighting activities because these flows will generally be unplanned 
emergency situations where it is necessary to take immediate action to 
protect the public.
    The prohibition of unpermitted non-storm water discharges in this 
proposed MSGP ensures that non-storm water discharges (except for those 
classes of non-storm water discharges that are conditionally authorized 
in Part 1.2.2.2 of the proposed MSGP) are not inadvertently authorized 
by the permit. Where a storm water discharge is mixed with non-storm 
water that is not authorized by today's proposed MSGP or another NPDES 
permit, the discharger should submit the appropriate application forms 
(Forms 1, 2C, and/or 2E) to gain permit coverage of the non-storm water 
portion of the discharge.

2. Releases of Reportable Quantities of Hazardous Substances and Oil

    As discussed below, today's proposed MSGP includes the same 
provisions pertaining to releases of reportable quantities of hazardous 
substances and oil as the existing MSGP.
    a. The proposed MSGP provides that the discharge of hazardous 
substances or oil from a facility must be eliminated or minimized in 
accordance with the SWPPP developed for the facility. Where a permitted 
storm water discharge contains a hazardous substance or oil in an 
amount equal to or in excess of a reporting quantity established under 
40 CFR part 117, or 40 CFR part 302 during a 24-hour period, the 
following actions must be taken:
    (1) Any person in charge of the facility that discharges hazardous 
substances or oil is required to notify the National Response Center 
(NRC) (800-424-8802; in the Washington, DC, metropolitan area, 202-426-
2675) in accordance with the requirements of 40 CFR part 117, and 40 
CFR part 302 as soon as they have knowledge of the discharge.
    (2) The SWPPP for the facility must be modified within 14 calendar 
days of knowledge of the release to provide a description of the 
release, an account of the circumstances leading to the release, and 
the date of the release. In addition, the plan must be reviewed to 
identify measures to prevent the reoccurrence of such releases and to 
respond to such releases, and it must be modified where appropriate.
    (3) The permittee must also submit to EPA within 14 calendar days 
of knowledge of the release a written description of the release 
(including the type and estimate of the amount of material released), 
the date that such release occurred, the circumstances leading to the 
release, and steps to be taken to modify the SWPPP for the facility.
    b. Anticipated discharges containing a hazardous substance in an 
amount equal to or in excess of reporting quantities are those caused 
by events occurring within the scope of the relevant operating system. 
Facilities that have more than 1 anticipated discharge per year 
containing a hazardous substance in an amount equal to or in excess of 
a reportable quantity are required to:
    (1) Submit notifications of the first release that occurs during a 
calendar year (or for the first year of this permit, after submission 
of an NOI); and
    (2) Provide a written description in the SWPPP of the dates on 
which such releases occurred, the type and estimate of the amount of 
material released, and the circumstances leading to the releases. In 
addition, the SWPPP must address measures to minimize such releases.
    c. Where a discharge of a hazardous substance or oil in excess of 
reporting quantities is caused by a non-storm water discharge (e.g., a 
spill of oil into a separate storm sewer), that discharge is not 
authorized by the MSGP and the discharger must report the discharge as 
required under 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302. In 
the event of a spill, the requirements of section 311 of the CWA and 
other applicable provisions of sections 301 and 402 of the CWA continue 
to apply. This approach is consistent with the requirements for 
reporting releases of hazardous substances and oil that make a clear 
distinction between hazardous substances typically found in storm water 
discharges and those associated with spills that are not considered 
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
3. Co-Located Industrial Facilities
    Like the existing MSGP, today's proposal includes requirements 
pertaining to co-located industrial facilities. However, these 
requirements have been modified from the requirements of the existing 
MSGP to clarify their applicability. Co-located industrial activities 
occur when activities being conducted onsite fall into more than one of 
the categories of the industrial facilities listed in Part 1.2.1 of the 
proposed MSGP-2000 (e.g., a landfill at a wood treatment facility). 
Facilities operating under the existing MSGP have sometimes been 
unclear whether certain limited activities (e.g., minor vehicle 
maintenance activities at an industrial plant) would trigger the MSGP's 
requirements regarding co-located activities.
    If you have co-located industrial activities on-site that are 
described in a sector(s) other than your primary sector, you must 
comply with all other applicable sector-specific conditions found in 
Part 6 for the co-located industrial activities. The extra sector-
specific requirements are applied only to those areas of your facility 
where the extra-sector activities occur. An activity at a facility is 
not considered co-located if the activity, when considered separately, 
does not meet the description of a category of industrial activity 
covered by the storm water

[[Page 17025]]

regulations, and identified by the MSGP-2000 SIC code list. For 
example, unless you are actually hauling substantial amounts of freight 
or materials with your own truck fleet or are providing a trucking 
service to outsiders, simple maintenance of vehicles used at your 
facility is unlikely to meet the SIC code group 42 description of a 
motor freight transportation facility. Even though Sector P may not 
apply, the runoff from your vehicle maintenance facility would likely 
still be considered storm water associated with industrial activity. As 
such, your SWPPP must still address the runoff from the vehicle 
maintenance facility--although not necessarily with the same degree of 
detail as required by Sector P--but you would not be required to 
monitor as per Sector P.
    In the event there truly are co-located activities at your 
facility, the proposed MSGP-2000 authorizes, as does the existing MSGP, 
all storm water discharges provided that your facility complies with 
all SWPPP and monitoring requirements for each co-located activity. By 
monitoring the discharges from the different industrial activities, you 
can better determine the effectiveness of your SWPPP for controlling 
all major pollutants of concern in your storm water discharges. 
However, if monitoring for the same parameter is required for more than 
one sector (and the different industrial activities drain to the same 
outfall), then only one sample analysis is required for that parameter.
4. Numeric Effluent Limitations
    Today's proposal retains the numeric effluent limitations which are 
included in the existing MSGP, and also includes the effluent 
limitations guidelines which EPA recently finalized for certain storm 
water discharges from new and existing hazardous and non-hazardous 
landfills (65 FR 3007, January 19, 2000). The new effluent limitations 
guidelines for these landfills are discussed in more detail in the 
Sections VIII.K and L of this fact sheet (Special Requirements for 
Discharges Associated with Industry Activities).
    The proposed MSGP-2000 retains the numeric effluent limitations 
from the existing MSGP for the following discharges: Coal pile runoff 
(including runoff from steam electric power plants subject to 40 CFR 
part 423 requirements), discharges from phosphate fertilizer 
manufacturing (40 CFR part 418), asphalt paving and roofing emulsions 
(40 CFR part 443), cement manufacturing materials storage pile runoff 
(40 CFR part 411), and discharges resulting from the spray down of 
lumber and wood products storage yards (wet decking) (40 CFR part 429). 
In addition, the proposed MSGP authorizes mine dewatering discharges 
from construction sand and gravel, industrial sand, and crushed stone 
facilities (40 CFR part 436) in EPA Regions 1, 2, 6, 10 and Arizona. 
The actual numeric effluent limitations can be found in Part 6 of the 
proposed MSGP.
5. Compliance With Water Quality Standards
    The existing MSGP does not specifically address compliance with 
water quality standards (WQS), other than to exclude from coverage 
discharges which may contribute to an exceedance of WQS. Today's 
proposed MSGP includes the same restriction on eligibility, and in Part 
3.3 also includes certain requirements if exceedances occur for 
discharges covered by the MSGP. If a discharge authorized under the 
proposed MSGP is later discovered to cause, or have the reasonable 
potential to cause or contribute to a violation of a WQS, the 
permitting authority will inform the permittee of the violation. The 
permittee must then take all necessary actions to ensure future 
discharges do not cause or contribute to the violation of WQS, and 
document these actions in the SWPPP. If violations remain or reoccur, 
coverage under the MSGP may be terminated by the permitting authority 
and an alternate permit issued. The proposed MSGP also clarifies that 
compliance with this requirement does not preclude enforcement actions 
as provided by the Clean Water Act for the underlying violation.

C. Common Pollution Prevention Plan Requirements

    Like the existing MSGP, today's proposal requires that all 
facilities which intend to be covered by the MSGP for storm water 
discharges associated with industrial activity prepare and implement a 
SWPPP. The MSGP addresses pollution prevention plan requirements for a 
number of categories of industries. Following below is a discussion of 
the common permit requirements for all industries; special requirements 
for storm water discharges associated with industrial activity through 
large and medium MS4s; special requirements for facilities subject to 
EPCRA section 313 reporting requirements; and special requirements for 
facilities with outdoor salt storage piles. These are the permit 
requirements which apply to discharges associated with any of the 
industrial activities covered by today's proposed permit. These common 
requirements may be amended or further clarified in the industry-
specific SWPPP requirements which are found in Part 6 of the proposed 
MSGP. These industry-specific requirements are additive for facilities 
where co-located industrial activities occur.
    The pollution prevention approach in today's proposed MSGP focuses 
on two major objectives: (1) To identify sources of pollution 
potentially affecting the quality of storm water discharges associated 
with industrial activity from the facility; and (2) Ensure 
implementation of measures to minimize and control pollutants in storm 
water discharges associated with industrial activity from the facility.
    The SWPPP requirements in today's proposed MSGP are intended to 
facilitate a process whereby the operator of the industrial facility 
thoroughly evaluates potential pollution sources at the site and 
selects and implements appropriate measures designed to prevent or 
control the discharge of pollutants in storm water runoff. The process 
involves the following four steps: (1) Formation of a team of qualified 
plant personnel who will be responsible for preparing the plan and 
assisting the plant manager in its implementation; (2) assessment of 
potential storm water pollution sources; (3) selection and 
implementation of appropriate management practices and controls; and 
(4) periodic evaluation of the effectiveness of the plan to prevent 
storm water contamination.
    EPA believes the pollution prevention approach is the most 
environmentally sound and cost-effective way to control the discharge 
of pollutants in storm water runoff from industrial facilities. This 
position is supported by the results of a comprehensive technical 
survey EPA completed in 1979.\3\ The survey found that two classes of 
management practices are generally employed at industries to control 
the nonroutine discharge of pollutants from sources such as storm water 
runoff, drainage from raw material storage and waste disposal areas, 
and discharges from places where spills or leaks have occurred. The 
first class of management practices includes those that are low in 
cost, applicable to a broad class of industries and substances, and 
widely considered essential to a good pollution control program. Some 
examples of practices in this class are good housekeeping, employee 
training, and spill response and prevention

[[Page 17026]]

procedures. The second class includes management practices that provide 
a second line of defense against the release of pollutants. This class 
addresses containment, mitigation, and cleanup. Since publication of 
the 1979 survey, EPA has imposed management practices and controls in 
NPDES permits on a case-by-case basis. The Agency also has continued to 
review the appropriateness and effectiveness of such practices,\4\ as 
well as the techniques used to prevent and contain oil spills.\5\ 
Experience with these practices and controls has shown that they can be 
used in permits to reduce pollutants in storm water discharges in a 
cost-effective manner. In keeping with both the present and previous 
administration's objective to attain environmental goals through 
pollution prevention, pollution prevention has been and continues to be 
the cornerstone of the NPDES permitting program for storm water. EPA 
has developed guidance entitled ``Storm Water Management for Industrial 
Activities: Developing Pollution Prevention Plans and Best Management 
Practices,'' September 1992, to assist permittees in developing and 
implementing pollution prevention measures.
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    \3\ See ``Storm Water Management for Industrial Activities,'' 
EPA, September 1992, EPA-832-R-92-006.
    \4\ For example, see ``Best Management Practices: Useful Tools 
for Cleaning Up,'' Thron, H. Rogoshewski, P., 1982, Proceedings of 
the 1982 Hazardous Material Spills Conference; ``The Chemical 
Industries' Approach to Spill Prevention,'' Thompson, C., Goodier, 
J. 1980, Proceedings of the 1980 National Conference of Control of 
Hazardous Materials Spills; a series of EPA memorandum entitled 
``Best Management Practices in NPDES Permits--Information 
Memorandum,'' 1983, 1985, 1986, 1987, 1988; Review of Emergency 
Systems: Report to Congress,'' EPA, 1988; and ``Analysis of 
Implementing Permitting Activities for Storm Water Discharges 
Associated with Industrial Activity,'' EPA, 1991.
    \5\ See for example, ``The Oil Spill Prevention, Control and 
Countermeasures Program Task Force Report,'' EPA, 1988; and 
``Guidance Manual for the Development of an Accidental Spill 
Prevention Program,'' prepared by SAIC for EPA, 1986.


    Note: The discussions of the SWPPP requirements are grouped in 
subject areas and do not follow the exact order of the permit 
---------------------------------------------------------------------------
conditions.


1. Pollution Prevention Team (Part 4.2.1)
    As a first step in the process of developing and implementing a 
SWPPP, permittees are required to identify a qualified individual or 
team of individuals to be responsible for developing the plan and 
assisting the facility or plant manager in its implementation. When 
selecting members of the team, the plant manager should draw on the 
expertise of all relevant departments within the plant to ensure that 
all aspects of plant operations are considered when the plan is 
developed. The plan must clearly describe the responsibilities of each 
team member as they relate to specific components of the plan. In 
addition to enhancing the quality of communication between team members 
and other personnel, clear delineation of responsibilities will ensure 
that every aspect of the plan is addressed by a specified individual or 
group of individuals. Pollution Prevention Teams may consist of one 
individual where appropriate (e.g., in certain small businesses with 
limited storm water pollution potential).
2. Description of the Facility and Potential Pollution Sources (Part 
4.2.2)
    Each SWPPP must describe activities, materials, and physical 
features of the facility that may contribute significant amounts of 
pollutants to storm water runoff or, during periods of dry weather, 
result in pollutant discharges through the separate storm sewers or 
storm water drainage systems that drain the facility. This assessment 
of storm water pollution risk will support subsequent efforts to 
identify and set priorities for necessary changes in materials, 
materials management practices, or site features, as well as aid in the 
selection of appropriate structural and nonstructural control 
techniques. Some operators may find that significant amounts of 
pollutants are running onto the facility property. Such operators 
should identify and address the contaminated runon in the SWPPP. If the 
runon cannot be addressed or diverted by the permittee, the permitting 
authority should be notified. If necessary, the permitting authority 
may require the operator of the adjacent facility to obtain a permit.
    Part 6 of the proposed MSGP includes industry-specific requirements 
for the various industry sectors covered by today's proposed permit. 
All SWPPPs generally must describe the following elements:
    a. Description of the Facility Site and Receiving Waters/Wetlands 
(Parts 4.2.2 & 4.2.3): The plan must contain a map of the site that 
shows the location of outfalls covered by the permit (or by other NPDES 
permits), the pattern of storm water drainage, an indication of the 
types of discharges contained in the drainage areas of the outfalls, 
structural features that control pollutants in runoff, \6\ surface 
water bodies (including wetlands), places where significant materials 
\7\ are exposed to rainfall and runoff, and locations of major spills 
and leaks that occurred in the 3 years prior to the date of the 
submission of an NOI to be covered under this permit. The map also must 
show areas where the following activities take place: Fueling, vehicle 
and equipment maintenance and/or cleaning, loading and unloading, 
material storage (including tanks or other vessels used for liquid or 
waste storage), material processing, and waste disposal. For areas of 
the facility that generate storm water discharges with a reasonable 
potential to contain significant amounts of pollutants, the map must 
indicate the probable direction of storm water flow and the pollutants 
likely to be in the discharge. Flows with a significant potential to 
cause soil erosion also must be identified. In order to increase the 
readability of the map, the inventory of the types of discharges 
contained in each outfall may be kept as an attachment to the site map.
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    \6\ Nonstructural features such as grass swales and vegetative 
buffer strips also should be shown.
    \7\ Significant materials include, but are not limited to the 
following: Raw materials; fuels; solvents, detergents, and plastic 
pellets; finished materials, such as metallic products; raw 
materials used in food processing or production; hazardous 
substances designated under Section 101(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA); any 
chemical the facility is required to report pursuant to EPCRA 
section 313; fertilizers; pesticides; and waste products, such as 
ashes, slag, and sludge that have the potential to be released with 
storm water discharges. (See 40 CFR 122.26(b)(8)).
---------------------------------------------------------------------------

    b. Summary of Potential Pollutant Sources (Part 4.2.4): The 
description of potential pollution sources culminates in a narrative 
assessment of the risk potential that sources of pollution pose to 
storm water quality. This assessment should clearly point to 
activities, materials, and physical features of the facility that have 
a reasonable potential to contribute significant amounts of pollutants 
to storm water. Any such activities, materials, or features must be 
addressed by the measures and controls subsequently described in the 
plan. In conducting the assessment, the facility operator must consider 
the following activities: Loading and unloading operations; outdoor 
storage activities; outdoor manufacturing or processing activities; 
significant dust or particulate generating processes; and onsite waste 
disposal practices. The assessment must list any significant pollution 
sources at the site and identify the pollutant parameter or parameters 
(i.e., biochemical oxygen demand, suspended solids, etc.) associated 
with each source.
    c. Significant Spills and Leaks (Part 4.2.5): The plan must include 
a list of any significant spills and leaks of toxic or hazardous 
pollutants that occurred in

[[Page 17027]]

the 3 years prior to the date of the submission of an NOI to be covered 
under this permit. Significant spills include, but are not limited to, 
releases of oil or hazardous substances in excess of quantities that 
are reportable under section 311 of CWA (see 40 CFR 110.10 and 40 CFR 
117.21) or section 102 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) (see 40 CFR 302.4). Significant 
spills may also include releases of oil or hazardous substances that 
are not in excess of reporting requirements and releases of materials 
that are not classified as oil or a hazardous substance.
    The listing should include a description of the causes of each 
spill or leak, the actions taken to respond to each release, and the 
actions taken to prevent similar such spills or leaks in the future. 
This effort will aid the facility operator as she or he examines 
existing spill prevention and response procedures and develops any 
additional procedures necessary to fulfill the requirements set forth 
in Parts 4 and 6 of the proposed permit.
    d. Allowable and Prohibited Non-storm Water Discharges (Part 4.4): 
Each SWPPP must include a certification, signed by an authorized 
individual, that discharges from the site have been tested or evaluated 
for the presence of non-storm water discharges. The certification must 
describe possible significant sources of non-storm water, the results 
of any test and/or evaluation conducted to detect such discharges, the 
test method or evaluation criteria used, the dates on which tests or 
evaluations were performed, and the onsite drainage points directly 
observed during the test or evaluation. Acceptable test or evaluation 
techniques include dye tests, television surveillance, observation of 
outfalls or other appropriate locations during dry weather, water 
balance calculations, and analysis of piping and drainage 
schematics.\8\
---------------------------------------------------------------------------

    \8\ In general, smoke tests should not be used for evaluating 
the discharge of non-storm water to a separate storm sewer as many 
sources of non-storm water typically pass through a trap that would 
limit the effectiveness of the smoke test.
---------------------------------------------------------------------------

    Except for flows that originate from fire fighting activities, 
sources of non-storm water that are specifically identified in the 
permit as being eligible for authorization under the general permit 
must be identified in the plan. SWPPPs must identify and ensure the 
implementation of appropriate pollution prevention measures for the 
non-storm water discharge.
    EPA recognizes that certification may not be feasible where 
facility personnel do not have access to an outfall, manhole, or other 
point of access to the conduit that ultimately receives the discharge. 
In such cases, the plan must describe why certification was not 
feasible. Permittees who are not able to certify that discharges have 
been tested or evaluated must notify the Director in accordance with 
Part 4.4 of the proposed MSGP.
    e. Sampling Data (Part 4.2.6): Any existing data on the quality or 
quantity of storm water discharges from the facility must be described 
in the plan, including data collected for Part 2 of the group 
application process. These data may be useful for locating areas that 
have contributed pollutants to storm water. The description should 
include a discussion of the methods used to collect and analyze the 
data. Sample collection points should be identified in the plan and 
shown on the site map.
3. Selection and Implementation of Storm Water Controls (Part 4.2.7, et 
al.)
    Following completion of the source identification and assessment 
phase, the permit requires the permittee to evaluate, select, and 
describe the pollution prevention measures, BMPs, and other controls 
that will be implemented at the facility. BMPs include processes, 
procedures, schedules of activities, prohibitions on practices, and 
other management practices that prevent or reduce the discharge of 
pollutants in storm water runoff.
    EPA emphasizes the implementation of pollution prevention measures 
and BMPs that reduce possible pollutant discharges at the source. 
Source reduction measures include, among others, preventive 
maintenance, chemical substitution, spill prevention, good 
housekeeping, training, and proper materials management. Where such 
practices are not appropriate to a particular source or do not 
effectively reduce pollutant discharges, EPA supports the use of source 
control measures and BMPs such as material segregation or covering, 
water diversion, and dust control. Like source reduction measures, 
source control measures and BMPs are intended to keep pollutants out of 
storm water. The remaining classes of BMPs, which involve recycling or 
treatment of storm water, allow the reuse of storm water or attempt to 
lower pollutant concentrations prior to discharge.
    The SWPPP must discuss the reasons each selected control or 
practice is appropriate for the facility and how each will address one 
or more of the potential pollution sources identified in the plan. The 
plan also must include a schedule specifying the time or times during 
which each control or practice will be implemented. In addition, the 
plan should discuss ways in which the controls and practices relate to 
one another and, when taken as a whole, produce an integrated and 
consistent approach for preventing or controlling potential storm water 
contamination problems. The permit requirements included for the 
various industry sectors in Part 6 of today's proposed MSGP generally 
require that the portion of the plan that describes the measures and 
controls address the following minimum components.
    When ``minimize/reduce'' is used relative to SWPPP measures, EPA 
means to consider and implement BMPs that will result in an improvement 
over the baseline conditions as it relates to the levels of pollutants 
identified in storm water discharges with due consideration to economic 
feasibility and effectiveness.

a. Nonstructural Controls

     Good Housekeeping. Good housekeeping involves using 
practical, cost-effective methods to identify ways to maintain a clean 
and orderly facility and keep contaminants out of separate storm 
sewers. It includes establishing protocols to reduce the possibility of 
mishandling chemicals or equipment and training employees in good 
housekeeping techniques. These protocols must be described in the plan 
and communicated to appropriate plant personnel.
     Minimizing Exposure. Where practicable, protecting 
potential pollutant sources from exposure to storm water is an 
important control option. Pollutants that are never allowed to 
contaminate storm water do not require development of ``treatment'' 
type BMPs. Elimination of all exposure to storm water may also make the 
facility for the ``No Exposure Certification'' exclusion from 
permitting at 40 CFR 122.26(g)
     Preventive Maintenance. Permittees must develop a 
preventive maintenance program that involves regular inspection and 
maintenance of storm water management devices and other equipment and 
systems. The program description should identify the devices, 
equipment, and systems that will be inspected; provide a schedule for 
inspections and tests; and address appropriate adjustment, cleaning, 
repair, or replacement of devices, equipment, and systems. For storm 
water management devices such as catch basins and oil/water separators, 
the preventive maintenance program should provide for periodic removal 
of debris to ensure that the devices are

[[Page 17028]]

operating efficiently. For other equipment and systems, the program 
should reveal and enable the correction of conditions that could cause 
breakdowns or failures that may result in the release of pollutants.
     Spill Prevention and Response Procedures. Based on an 
assessment of possible spill scenarios, permittees must specify 
appropriate material handling procedures, storage requirements, 
containment or diversion equipment, and spill cleanup procedures that 
will minimize the potential for spills and in the event of a spill 
enable proper and timely response. Areas and activities that typically 
pose a high risk for spills include loading and unloading areas, 
storage areas, process activities, and waste disposal activities. These 
activities and areas, and their accompanying drainage points, must be 
described in the plan. For a spill prevention and response program to 
be effective, employees should clearly understand the proper procedures 
and requirements and have the equipment necessary to respond to spills.
     Routine Inspections. In addition to the comprehensive site 
evaluation, facilities are required to conduct periodic inspections of 
designated equipment and areas of the facility. Industry-specific 
requirements for such inspections, if any, are set forth in Part 6 of 
the proposed MSGP. When required, qualified personnel must be 
identified to conduct inspections at appropriate intervals specified in 
the plan. A set of tracking or follow-up procedures must be used to 
ensure that appropriate actions are taken in response to the 
inspections. Records of inspections must be maintained. These periodic 
inspections are different from the comprehensive site evaluation, even 
though the former may be incorporated into the latter. Equipment, area, 
or other inspections are typically visual and are normally conducted on 
a regular basis, e.g., daily inspections of loading areas. Requirements 
for such periodic inspections are specific to each industrial sector in 
today's permit, whereas the comprehensive site compliance evaluation is 
required of all industrial sectors. Area inspections help ensure that 
storm water pollution prevention measures (e.g., BMPs) are operating 
and properly maintained on a regular basis. The comprehensive site 
evaluation is intended to provide an overview of the entire facility's 
pollution prevention activities. Refer to Part VI.C.3.h. below for more 
information on the comprehensive site evaluation.
     Employee Training. The SWPPP must describe a program for 
informing personnel at all levels of responsibility of the components 
and goals of the SWPPP. The training program should address topics such 
as good housekeeping, materials management, and spill response 
procedures. Where appropriate, contractor personnel also must be 
trained in relevant aspects of storm water pollution prevention. A 
schedule for conducting training must be provided in the plan. Several 
sections in Part 6 of today's proposed MSGP specify a minimum frequency 
for training of once per year. Others indicate that training is to be 
conducted at an appropriate interval. EPA recommends that facilities 
conduct training annually at a minimum. However, more frequent training 
may be necessary at facilities with high turnover of employees or where 
employee participation is essential to the storm water pollution 
prevention plan.

b. Structural Controls

     Sediment and Erosion Control. The SWPPP must identify 
areas that, due to topography, activities, soils, cover materials, or 
other factors have a high potential for significant soil erosion. The 
plan must identify measures that will be implemented to limit erosion 
in these areas.
     Management of Runoff. The plan must contain a narrative 
evaluation of the appropriateness of traditional storm water management 
practices (i.e., practices other than those that control pollutant 
sources) that divert, infiltrate, reuse, or otherwise manage storm 
water runoff so as to reduce the discharge of pollutants. Appropriate 
measures may include, among others, vegetative swales, collection and 
reuse of storm water, inlet controls, snow management, infiltration 
devices, and wet detention/retention basins.
    c. Example BMPs: Part 4.2.7.2.2 includes a list of example BMPs 
that could be considered for use in a SWPPP, for example: Detention 
structures (including wet ponds); storm water retention structures; 
flow attenuation by use of open vegetated swales and natural 
depressions; infiltration of runoff onsite; and sequential systems 
(which combine several practices). These examples are not intended to 
limit the creativity of facility operators in developing alternative 
BMPs or applications for BMPs that increase cost effectiveness.
    d. Selection of Controls: Based on the results of the evaluation, 
the plan must identify practices that the permittee determines are 
reasonable and appropriate for the facility. The plan also should 
describe the particular pollutant source area or activity to be 
controlled by each storm water management practice. Reasonable and 
appropriate practices must be implemented and maintained according to 
the provisions prescribed in the plan.
    In selecting storm water management measures, it is important to 
consider the potential effects of each method on other water resources, 
such as ground water. Although storm water pollution prevention plans 
primarily focus on storm water management, facilities must also 
consider potential ground water pollution problems and take appropriate 
steps to avoid adversely impacting ground water quality. For example, 
if the water table is unusually high in an area, an infiltration pond 
may contaminate a ground water source unless special preventive 
measures are taken. Under EPA's July 1991 Ground Water Protection 
Strategy, States are encouraged to develop Comprehensive State Ground 
Water Protection Programs (CSGWPP). Efforts to control storm water 
should be compatible with State ground water objectives as reflected in 
CSGWPPs.
    e. Other Controls: Today's proposed MSGP includes a new requirement 
that no solid materials, including floating debris may be discharged to 
waters of the United States, except as authorized by a permit under 
Section 404 of the Clean Water Act. In addition, off-site tracking of 
raw, final, or waste materials or sediment, and the generation of dust 
must be minimized. Tracking or blowing of raw, final, or waste 
materials from areas of no exposure to exposed areas must be minimized. 
These requirements are similar to requirements included in EPA's 
construction general storm water permit (63 FR 7858, February 17, 1998) 
which EPA believes would be appropriate for industrial facilities as 
well.
    f. Maintenance (Part 4.3): All BMPs identified in the SWPPP must be 
maintained in effective operating condition.
    g. Controls for Allowable Non-Storm Water (Part 4.4.2): Where an 
allowable non-storm water has been identified, appropriate controls for 
that discharge must be included in the permit. In many cases, the same 
types of controls for contaminated storm water would suffice, but the 
nature and volume of potential pollutants in the non-storm water 
discharges must be taken into consideration in selection of controls.
    h. Comprehensive Site Compliance Evaluation (Part 4.9): Today's 
proposed MSGP requires that the SWPPP describe the scope and content of 
the comprehensive site evaluations that qualified personnel will 
conduct to (1)

[[Page 17029]]

confirm the accuracy of the description of potential pollution sources 
contained in the plan, (2) determine the effectiveness of the plan, and 
(3) assess compliance with the terms and conditions of the permit. Note 
that the comprehensive site evaluations are not the same as periodic or 
other inspections described for certain industries in Section VI.C.3.d 
of this fact sheet. However, in the instances when frequencies of 
inspections and the comprehensive site compliance evaluation overlap 
they may be combined allowing for efficiency, as long as the 
requirements for both types of inspections are met. The plan must 
indicate the frequency of comprehensive evaluations which must be at 
least once a year, except where comprehensive site evaluations are 
shown in the plan to be impractical for inactive mining sites, due to 
remote location and inaccessibility \9\. The individual or individuals 
who will conduct the comprehensive site evaluation must be identified 
in the plan and should be members of the pollution prevention team. 
Material handling and storage areas and other potential sources of 
pollution must be visually inspected for evidence of actual or 
potential pollutant discharges to the drainage system. Inspectors also 
must observe erosion controls and structural storm water management 
devices to ensure that each is operating correctly. Equipment needed to 
implement the SWPPP, such as that used during spill response 
activities, must be inspected to confirm that it is in proper working 
order.
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    \9\ Where annual site inspections are shown in the plan to be 
impractical for inactive mining sites, due to remote location and 
inaccessibility, site inspections must be conducted at least once 
every 3 years.
---------------------------------------------------------------------------

    The results of each comprehensive site evaluation must be 
documented in a report signed by an authorized company official. The 
report must describe the scope of the comprehensive site evaluation, 
the personnel making the comprehensive site evaluation, the date(s) of 
the comprehensive site evaluation, and any major observations relating 
to implementation of the SWPPP. Comprehensive site evaluation reports 
must be retained for at least 3 years after the date of the evaluation. 
Based on the results of each comprehensive site evaluation, the 
description in the plan of potential pollution sources and measures and 
controls must be revised as appropriate within 2 weeks after each 
comprehensive site evaluation, unless indicated otherwise in Part 6 of 
the permit. Changes in procedural operations must be implemented on the 
site in a timely manner for non-structural measures and controls not 
more than 12 weeks after completion of the comprehensive site 
evaluation. Procedural changes that require construction of structural 
measures and controls are allowed up to 3 years for implementation. In 
both instances, an extension may be requested from the Director.
    i. Applicable State, Tribal, or Local Plans (Part 4.8): The SWPPP 
must be consistent with any applicable requirements of State, Tribal, 
or Local storm water, waste disposal, sanitary sewer or septic system 
regulations to the extent these apply to a facility and are more 
stringent than the requirements of this permit.
    j. Documentation of Permit Eligibility with Regards to ESA and NHPA 
Requirements (Parts 4.5 & 4.6): To better ensure compliance with the 
requirements of the ESA and NHPA, Parts 4.5 and 4.6 of today's proposed 
MSGP require that documentation be included with the SWPPP 
demonstrating permit eligibility with regards to the requirements of 
the ESA and NHPA. The following information would be required for the 
ESA:
     Information on whether listed endangered or threatened 
species, or critical habitat, are found in proximity to the facility;
     Whether such species may be affected by the storm water 
discharges or storm water discharge-related activities;
     Results of the Addendum A endangered species screening 
determinations; and
     A description of measures necessary to protect listed 
endangered or threatened species, or critical habitat, including any 
terms or conditions that are imposed under the eligibility requirements 
of Part 1.2.3.6. The proposed MSGP notes that discharges from 
facilities which fail to describe and implement such measures are 
ineligible for coverage under the permit.
    The following information would be required for the NHPA 
determination:
     Information on whether the storm water discharges or storm 
water discharge-related activities would have an affect on a property 
that is listed or eligible for listing on the National Register of 
Historic Places;
     Where effects may occur, any written agreements which have 
been made with the State Historic Preservation Officer, Tribal Historic 
Preservation Officer, or other Tribal leader to mitigate those effects;
     Results of the Addendum B historic places screening 
determinations; and
     A description of measures necessary to avoid or minimize 
adverse impacts on places listed, or eligible for listing, on the 
National Register of Historic Places, including any terms or conditions 
that are imposed under the eligibility requirements of Part 1.2.3.7 of 
this permit. The proposed MSGP notes that discharges from facilities 
which fail to describe and implement such measures are ineligible for 
coverage under the permit.
    k. Keeping a Copy of the Permit with the SWPPP (Part 4.7): A new 
requirement to have a copy of the permit language in the SWPPP has been 
added to today's permit. The ``confirmation'' letter received from the 
NOI Processing Center is not the permit; it is essentially only the 
equivalent of a ``receipt'' for a facility's ``registration'' (NOI) to 
use the general permit. Since determining permit eligibility and 
preparing a SWPPP is required prior to obtaining permit coverage, a 
copy of the permit would be needed anyway. Requiring a copy of the 
permit in the SWPPP ensures that facility operators, and not just 
whoever prepared the SWPPP, will have ready access to all permit 
requirements.
    l. Recordkeeping and Keeping the SWPPP Current (Parts 4.9.4, 4.10, 
et al.): Records must be kept with the SWPPP documenting the status and 
effectiveness of plan implementation. At a minimum, records must 
address results of the annual Comprehensive Site Compliance 
Evaluations, routine facility inspections, spills, monitoring, and 
maintenance activities. The plan also must describe a system that 
enables timely reporting of storm water management-related information 
to appropriate plant personnel. Inspectors or other enforcement 
officers will ask for records documenting permit compliance during 
inspections or facility compliance reviews.
    The SWPPP must be updated whenever there is a change at the 
facility that would significantly affect the discharges authorized 
under the MSGP. The SWPPP must also be updated whenever an inspection 
by the permittee or by local, state, tribal, or federal officials 
indicates a portion of the SWPPP is proving to be ineffective in 
controlling storm water discharge quality.
    m. Signature, Plan Review, and Access to the SWPPP (Part 4.11): The 
SWPPP must be signed and certified in accordance with Part 7 of the 
permit. A copy of the SWPPP must be kept on site at the facility or 
locally available for the use of the Director, a State, Tribe, or

[[Page 17030]]

local agency (e.g., MS4 operator) at the time of an onsite inspection. 
The SWPPP must also be made available to the U.S. Fish and Wildlife 
Service or National Marine Fisheries Service upon request. Facilities 
are encouraged, but not required, to make the SWPPP directly available 
to the public for viewing during normal business hours. Since SWPPPs 
are living documents that change over time, access to the current 
version of the SWPPP is critical in assessing permit compliance.
    The Director may notify you at any time that your SWPPP does not 
meet one or more of the minimum requirements of this permit. The 
notification will identify provisions of the permit which are not being 
met, as well as the required modifications. Required changes must be 
made within thirty (30) calendar days and a written certification 
submitted to the Director confirming that the changes were made.

D. Special Requirements

1. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity From Facilities Subject to EPCRA Section 313 
Requirements (Part 4.12)
    Today's proposal replaces the special requirements of the existing 
MSGP for certain permittees subject to reporting requirements under 
section 313 of the EPCRA (also known as Title III of the Superfund 
Amendments and Reauthorization Act (SARA)) with a requirement to 
identify areas with these pollutants. EPCRA section 313 requires 
operators of certain facilities that manufacture (including import), 
process, or otherwise use listed toxic chemicals to report annually 
their releases of those chemicals to any environmental media. Listed 
toxic chemicals include more than 500 chemicals and chemical classes 
listed at 40 CFR part 372 (including the recently added chemicals 
published November 30, 1994).
    By requiring identification of EPCRA 313 chemicals in the summary 
of potential pollutant sources under the Pollution Prevention Plan 
(Part 4.2.4), the facility operator is then required to develop 
appropriate storm water controls for such areas (Part 4.2.7). EPA 
expects that many controls for EPCRA chemicals will continue to be 
driven by other state and federal environmental regulations such as 
Spill Prevention Control and Countermeasure (SPCC) plans required under 
section 311 of the CWA, etc. as long as such a requirement is 
incorporated into the SWPPP.
    This reduction in permit complexity by eliminating redundant 
requirements was requested by members of the regulated community. The 
public is specifically requested to comment on this new approach to 
dealing with EPCRA chemicals exposed to storm water.
2. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity From Salt Storage Facilities
    Today's proposal retains the same special requirements as the 
existing MSGP for storm water discharges associated with industrial 
activity from salt storage facilities. Storage piles of salt used for 
deicing or other commercial or industrial purposes must be enclosed or 
covered to prevent exposure to precipitation, except for exposure 
resulting from adding or removing materials from the pile. This 
requirement only applies to runoff from storage piles discharged to 
waters of the United States. Facilities that collect all of the runoff 
from their salt piles and reuse it in their processes or discharge it 
subject to a separate NPDES permit do not need to enclose or cover 
their piles. Permittees must comply with this requirement as 
expeditiously as practicable, but in no event later than 3 years from 
the date of permit issuance.
    These special requirements have been included in today's permit 
based on human health and aquatic effects resulting from storm water 
runoff from salt storage piles compounded with the prevalence of salt 
storage piles across the United States.
3. Consistency With Other Plans
    SWPPPs may reference the existence of other plans for Spill 
Prevention Control and Countermeasure (SPCC) plans developed for the 
facility under section 311 of the CWA or BMP programs otherwise 
required by an NPDES permit for the facility as long as such 
requirement is incorporated into the SWPPP.

E. Monitoring and Reporting Requirements

    The proposed MSGP-2000 retains basically the same monitoring 
requirements as the existing MSGP. However, EPA also recognizes the 
concerns that have been raised in determining the effectiveness of a 
facility's SWPPP regarding the usefulness of these monitoring 
requirements (particularly analytical monitoring) and whether facility 
resources are being diverted away from other activities, such as more 
effective implementation of the SWPPPs, which might provide greater 
environmental benefits. In view of such concerns, EPA is specifically 
requesting comments on these monitoring requirements and whether better 
alternatives are available for evaluating the overall effectiveness of 
the industrial storm water pollution control program.
    One alternative which has been suggested is the submission of an 
annual report to EPA describing a permittee's storm water pollution 
control activities during the previous year. The existing MSGP already 
requires that permittees conduct periodic facility inspections and 
prepare inspection reports which are retained as part of the SWPPPs. 
The MSGP also sets forth certain basic and industry-specific 
requirements for the inspections and establishes the minimum inspection 
frequencies. The preparation of an annual report could conceivably 
enhance the pollution control program at an industrial facility by 
requiring a more formal review of the program than required by the 
existing MSGP. Inspection frequencies might also be increased as 
compared to the requirements of the existing MSGP. The submission of an 
annual report would also provide EPA and interested members of the 
public with readily available information from which to evaluate the 
pollution control program of a given facility. EPA is requesting 
comments on the merits of submitting an annual report as an alternative 
to analytical monitoring, including the type of information to be 
submitted and level of detail to be required.
    EPA is also interested in receiving comments on other alternatives 
to the monitoring requirements of the existing MSGP. One possibility 
would be group monitoring, in which a representative group of 
facilities within a sector would monitor (similar to the group permit 
applications for the original MSGP). Yet another possibility would be 
watershed monitoring, in which industrial facilities in a given area 
would cooperate among themselves, or with other dischargers, in a 
regional watershed monitoring program which would focus on receiving 
water impacts.
    In addition, EPA is requesting comments on whether alternate test 
methods should be allowed (such as the field test methods which were 
allowed for Part 1 of the permit applications for municipal separate 
storm sewer systems) rather than test methods approved under 40 CFR 
part 136. A number of field test options exist including colorimetric 
test kits, titrimetric test kits and spectrophotometric field test 
instruments. Test accuracy, according to industry literature, typically 
ranges from 0.1 to 20%. Field test methods are

[[Page 17031]]

available for all the parameters in the existing MSGP except BOD5, Cd, 
Mg, Hg, Se and TSS. Of these parameters, however, only TSS is a 
commonly monitored parameter in the existing MSGP. For TSS, another 
monitoring option would be transparency tubes which are currently being 
used in some areas to assess turbidity and TSS. These tubes consist of 
long narrow plastic tubes in which a sample is placed. Like a Secchi 
disc, the tube measures turbidity by the length of the tube through 
which the bottom of the tube cannot be seen. These field test methods 
are typically cheaper and easier to use than methods approved under 40 
CFR part 136, and EPA is requesting comments on whether such methods 
are appropriate for the industrial storm water program.
    EPA is also interested in receiving comments on the role of 
alternate environmental indicators in the industrial storm water 
program such as those discussed in the publication entitled 
``Environmental Indicators to Assess Stormwater Control Programs and 
Practices'' (Clayton, R. and W. Brown, 1996, Center for Watershed 
Protection, Silver Spring, MD).
    Another alternative to the existing monitoring requirements which 
has been suggested is to limit the monitoring requirements to 
discharges to impaired waterbodies, such as those on the section 303(d) 
list, where additional pollution control efforts are most clearly 
needed. EPA also welcomes any other suggestions for alternatives to the 
monitoring requirements of the existing MSGP.
    The MSGP (as proposed) includes three general types of monitoring: 
Analytical monitoring or chemical monitoring; compliance monitoring for 
effluent guidelines compliance, and visual examinations of storm water 
discharges. A general description of each of these types of monitoring 
which was provided with the original MSGP is repeated below.
    Analytical monitoring requirements involve laboratory chemical 
analyses of samples collected by the permittee. The results of the 
analytical monitoring are quantitative concentration values for 
different pollutants, which can be easily compared to the results from 
other sampling events, other facilities, or to national benchmarks. 
Section VI.E.1 below describes the proposed analytical monitoring 
requirements and the process and criteria by which an industry sector 
or subsector was selected for analytical monitoring. Compliance 
monitoring requirements are imposed under today's proposed permit to 
ensure that discharges subject to numeric effluent limitations under 
the storm water effluent limitations guidelines are in compliance with 
those limitations. The compliance monitoring requirements are discussed 
in Section VI.E.2.
    Visual examinations of storm water discharges are the least 
burdensome type of monitoring requirement under the proposed MSGP. 
Visual examinations are described in Section VI.E.8.
    Actual monitoring requirements for a given facility under the 
permit vary depending upon the industrial activities that occur at a 
facility and the results of the industry-supplied discharge 
characterization data that was used to develop the original MSGP. Part 
5 of the proposed MSGP sets forth the common monitoring requirements 
which apply to all sectors; the industrial-specific requirements are 
found in Part 6 of the proposed MSGP. These are minimum monitoring 
requirements and a permittee may choose to conduct additional sampling 
to acquire more data to improve the statistical validity of the 
results. Through increased analytical or visual monitoring the 
permittee may be able to better ascertain the effectiveness of their 
SWPPP.
1. Analytical Monitoring Requirements
    The categories of facilities subject to analytical monitoring in 
the proposed MSGP are noted in Table 1 of this fact sheet. The MSGP 
requires analytical monitoring for the industry sectors or subsectors 
that demonstrated in the group application data a potential to 
discharge pollutants at concentrations of concern, or, in certain 
State-specific cases, to satisfy those States' requirements. The data 
submitted with the group permit applications were reviewed by EPA to 
determine the industry sectors and subsectors listed in Table 1 of this 
fact sheet that are to be subject to analytical monitoring 
requirements. First, EPA divided the Part 1 and Part 2 application data 
by the industry sectors listed in Table 1. Where a sector was found to 
contain a wide range of industrial activities or potential pollutant 
sources, it was further subdivided into the industry subsectors listed 
in Table 1. Next, EPA reviewed the information submitted in Part 1 of 
the group applications regarding the industrial activities, significant 
materials exposed to storm water, and the material management measures 
employed. This information helped identify potential pollutants that 
may be present in the storm water discharges. Then, EPA entered into a 
database, the sampling data submitted in Part 2 of the group 
applications. That data was arrayed according to industrial sector and 
subsector for the purposes of determining when analytical monitoring 
would be appropriate.
    To conduct a comparison of the results of the statistical analyses 
to determine when analytical monitoring would be required, EPA 
established ``benchmark'' concentrations for the pollutant parameters 
on which monitoring results had been received. The ``benchmarks'' are 
the pollutant concentrations above which EPA determined represents a 
level of concern. The level of concern is a concentration at which a 
storm water discharge could potentially impair, or contribute to 
impairing water quality or affect human health from ingestion of water 
or fish. The benchmarks are also viewed by EPA as a level, that if 
below, a facility represents little potential for water quality 
concern. As such, the benchmarks also provide an appropriate level to 
determine whether a facility's storm water pollution prevention 
measures are successfully implemented. The benchmark concentrations are 
not effluent limitations and should not be interpreted or adopted as 
such. These values are merely levels which EPA has used to determine if 
a storm water discharge from any given facility merits further 
monitoring to insure that the facility has been successful in 
implementing a SWPPP. As such these levels represent a target 
concentration for a facility to achieve through implementation of 
pollution prevention measures at the facility. Table 3 lists the 
parameter benchmark values and the sources used for the benchmarks. 
Additional explanation information concerning the derivation of the 
benchmarks can be found in the fact sheet for the 1995 MSGP (60 FR 
50825).

                  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

[[Page 17032]]

 
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 prepared a statistical analysis of the sampling data for each 
pollutant parameter reported within each sector or subsector. (Only 
where EPA did not subdivide an industry sector into subsectors was an 
analysis of the entire sector's data performed.) The statistical 
analysis was performed assuming a delta log normal distribution of the 
sampling data within each sector/subsector. The analyses calculated 
median, mean, maximum, minimum, 95th, and 99th percentile 
concentrations for each parameter. The results of the analyses can be 
found in the appropriate section of Section VIII of the fact sheet 
accompanying the 1995 MSGP. From this analysis, EPA was able to 
identify

[[Page 17033]]

pollutants for further evaluation within each sector or subsector.
    EPA next compared the median concentration of each pollutant for 
each sector or subsector to the benchmark concentrations listed in 
Table 3. EPA also compared the other statistical results to the 
benchmarks to better ascertain the magnitude and range of the discharge 
concentrations to help identify the pollutants of concern. EPA did not 
conduct this analysis if a sector had data for a pollutant from less 
than three individual facilities. Under these circumstances, the sector 
or subsector would not have this pollutant identified as a pollutant of 
concern. This was done to ensure that a reasonable number of facilities 
represented the industry sector or subsector as a whole and that the 
analysis did not rely on data from only one facility.
    For each industry sector or subsector, parameters with a median 
concentration higher than the benchmark level were considered 
pollutants of concern for the industry and identified as potential 
pollutants for analytical monitoring under today's permit. EPA then 
analyzed the list of potential pollutants to be monitored against the 
lists of significant materials exposed and industrial activities which 
occur within each industry sector or subsector as described in the Part 
I application information. Where EPA could identify a source of a 
potential pollutant which is directly related to industrial activities 
of the industry sector or subsector, the permit identifies that 
parameter for analytical monitoring. If EPA could not identify a source 
of a potential pollutant which was associated with the sector/
subsector's industrial activity, the permit does not require monitoring 
for the pollutant in that sector/subsector. Industries with no 
pollutants for which the median concentrations are higher than the 
benchmark levels are not required to perform analytical monitoring 
under this permit, with the exceptions explained below.
    In addition to the sectors and subsectors identified for analytical 
monitoring using the methods described above, EPA determined, based 
upon a review of the degree of exposure, types of materials exposed, 
special studies and in some cases inadequate sampling data in the group 
applications, that the following industries also warrant analytical 
monitoring not withstanding the absence of data on the presence or 
absence of certain pollutants in the group applications: Sector K 
(hazardous waste treatment storage and disposal facilities), and Sector 
S (airports which use more than 100,000 gallons per year of glycol-
based fluids or 100 tons of urea for deicing). The proposed MSGP-2000 
would retain the monitoring requirements of the existing MSGP due to 
the high potential for contamination of storm water discharge, which 
EPA believes was not adequately characterized by group applicants in 
the information they provided in the group application process. It 
should also be noted that like the existing MSGP, exemptions for the 
proposed MSGP-2000 would be on a pollutant-by-pollutant and outfall-by-
outfall basis.
    EPA analyzed the monitoring data which have been submitted under 
the MSGP for year 2 (year 4 data are due in March, 2000) both on a 
sector-and pollutant-basis. For the pollutant-basis, the need for year 
4 monitoring (determined by whether the monitoring benchmarks--see 
Section Table 4 below--were exceeded) was performed on both a facility-
wide and outfall-specific basis (i.e., many facilities submitted DMR 
data for more than one outfall). The facility-wide basis determined 
whether any of the year 2 average discharge concentrations for any of 
the outfalls at the given facility exceeded the benchmark value. The 
outfall-specific basis evaluated each outfall independently. The 
results of these two analyses are presented in Table 4.

                      Table 4.--1995 MGSP DMR Data Above Benchmark Values (Pollutant-Basis)
----------------------------------------------------------------------------------------------------------------
                                                                 Facility-wide basis      Outfall-specific basis
                                                            ----------------------------------------------------
                                                                                            Total
             Pollutant                   Benchmark value        Total          Above       number       Above
                                                              number of      benchmark       of       benchmark
                                                              facilities                  outfalls
----------------------------------------------------------------------------------------------------------------
TSS................................  100 mg/L..............          111      59 (53.2%)      185     86 (46.5%)
COD................................  120 mg/L..............           30      15 (50.0%)       52     25 (48.1%)
Nitrate+Nitrite Nitrogen...........  0.68 mg/L.............           30      14 (46.7%)       52     31 (59.6%)
Aluminum...........................  0.75 mg/L.............           51      38 (74.5%)       86     57 (66.3%)
Arsenic............................  0.16854 mg/L..........            1          0 (0%)        1         0 (0%)
Copper.............................  0.0636 mg/L...........            8       1 (12.5%)       23       1 (4.3%)
Iron...............................  1.0 mg/L..............           84      58 (69.0%)      148     95 (64.2%)
Lead...............................  0.0816 mg/L...........           22       6 (27.3%)       33      6 (18.2%)
Zinc...............................  0.117 mg/L............           58      43 (74.1%)      127     94 (74.0%)
----------------------------------------------------------------------------------------------------------------

    As seen in Table 4, approximately 50 percent of the facilities and 
outfalls exceeded benchmark values for non-metallic pollutants (i.e., 
TSS, COD, and Nitrate + Nitrite Nitrogen) while exceedances of the 
benchmark values for the metals were, for the most part, slightly 
higher. EPA intends to evaluate year 4 data for facilities that were 
required to monitor both years to identify possible trends in pollutant 
concentrations.
    For Table 5, EPA evaluated by sector the number of facilities that 
monitored during year 2 that would also be required to monitor in year 
4. The initial analysis focused on the facility as a whole. 
Specifically, Table 5 identifies the number of facilities submitting 
DMRs during year 2 in the 13 sectors that had DMR data for any 
pollutants required to be analyzed for which benchmark values exist. 
The omission of sectors from this list may be for one or more reasons. 
For example, no Sector G facilities (Metal Mining) are included in the 
analysis since all the facilities reviewed by EPA were ``no discharge'' 
facilities and thus did not submit monitoring data. Another reason, 
such as for Sector B (Paper and Allied Products), is that EPA did not 
evaluate any DMRs from facilities within the sector that monitored for 
any pollutants with benchmark values.

[[Page 17034]]



           Table 5.--1995 MGSP DMR Data Above Benchmark Values
                             [Sector-Basis]
------------------------------------------------------------------------
                                                     At least
                                           Total       one       Above
                Sector                   number of   average   benchmark
                                        facilities    above       (in
                                                    benchmark   percent)
------------------------------------------------------------------------
A.....................................        36          19       52.8
C.....................................        10           8         80
D.....................................         8           5       62.5
E.....................................         7           5       71.4
F.....................................         8           8        100
H.....................................         6           6        100
J.....................................        10           7         70
L.....................................        20          19         95
M.....................................        22          18       81.8
O.....................................         6           1       16.7
S.....................................         1           1        100
Y.....................................         2           2        100
AA....................................        25          25        100
    Total.............................       161         124       77.0
                                       ---------------------------------
------------------------------------------------------------------------

    As seen from this analysis, 77 percent of the facilities surveyed 
would be required to monitor during year 4 for at least one pollutant 
at a minimum of one outfall. While EPA considers this to be a somewhat 
limited data set, the Agency does believe that the numbers indicate 
that a small percentage of facilities are being excluded from year 4 
monitoring based on year 2 data.
    EPA believes that the year 2 data, in combination with year 4 data, 
should provide a better understanding of the synergy between analytical 
monitoring and SWPPP effectiveness, although, more information 
regarding steps that facilities took in response to year 2 data above 
benchmark values will be needed to fully understand this relationship. 
As such, EPA is soliciting information on the activities undertaken by 
permittees in response to elevated levels of pollutants above benchmark 
values to compare with the year 2 and year 4 data to fully evaluate the 
effectiveness of analytical monitoring requirements in the MSGP. This 
type of information would also be useful in evaluating suggestions from 
the public in response to EPA's specific request for comments on 
possible alternatives or modifications to analytical monitoring 
(discussed earlier in Part VI.E).
    The current MSGP requires that all facilities, save for Sector G, 
within an industry sector or subsector identified for analytical 
monitoring must, at a minimum, monitor their storm water discharges 
quarterly during the second year of permit coverage, unless the 
facility exercises the Alternative Certification described in Section 
VI.E.3 of this fact sheet. At the end of the second year of coverage 
under the current permit, a facility was required to calculate the 
average concentration for each parameter for which the facility is 
required to monitor. If the average concentration for a pollutant 
parameter was less than or equal to the benchmark value, then the 
permittee was not required to conduct analytical monitoring for that 
pollutant during the fourth year of the permit. If, however, the 
average concentration for a pollutant is greater than the benchmark 
value, then the permittee was required to conduct quarterly monitoring 
for that pollutant during the fourth year of permit coverage. 
Analytical monitoring was not required during the first, third, and 
fifth year of the permit. The exclusion from analytical monitoring in 
the fourth year of the permit was conditional on the facility 
maintaining industrial operations and BMPs that will ensure a quality 
of storm water discharges consistent with the average concentrations 
recorded during the second year of the permit.
    For today's proposed MSGP, EPA is also proposing to require 
analytical monitoring in the second and fourth year of the permit. For 
purposes of this monitoring, year 2 runs from October 1, 2001 to 
September 30, 2002; year 4 runs from October 1, 2003 to September 30, 
2004.
2. Compliance Monitoring
    Today's proposal retains the same compliance monitoring 
requirements of the existing MSGP, and also includes compliance 
monitoring requirements for certain storm water discharges from new and 
existing hazardous and non-hazardous landfills. As noted earlier, EPA 
has recently finalized effluent limitations guidelines for these 
landfills (65 FR 3007, January 19, 2000) and the compliance monitoring 
would be required to ensure compliance with the guidelines. These 
discharges must generally be sampled annually (in some cases quarterly) 
and tested for the parameters which are limited by the permit. 
Discharges subject to compliance monitoring include (in addition to the 
landfills discharges): Coal pile runoff, contaminated runoff from 
phosphate fertilizer manufacturing facilities, runoff from asphalt 
paving and roofing emulsion production areas, material storage pile 
runoff from cement manufacturing facilities, and mine dewatering 
discharges from crushed stone, construction sand and gravel, and 
industrial sand mines located in EPA Regions 1, 2, 6, 10 and Arizona. 
All samples are to be grabs taken within the first 30 minutes of 
discharge where practicable, but in no case later than the first hour 
of discharge. Where practicable, the samples shall be taken from the 
discharges subject to the numeric effluent limitations prior to mixing 
with other discharges.
    Monitoring for these discharges is required to determine compliance 
with numeric effluent limitations. It should also be noted that 
discharges covered under today's proposed MSGP which are subject to 
numeric effluent limitations are not eligible for the alternative 
certification described in Section VI.E.3 of this fact sheet.
    Where a State or Tribe has imposed a numeric effluent limitation as 
a condition for certification under CWA section 401, a default minimum 
monitoring frequency of once per year has been proposed. This default 
monitoring frequency would only apply if a State failed to provided a 
monitoring frequency along with their conditional Sec. 401 
certification.
3. Alternate Certification
    Today's proposed MSGP-2000 retains the provision in the existing 
MSGP for an alternative certification in lieu of analytical monitoring. 
The MSGP includes monitoring requirements for facilities which the 
Agency believes have the potential for contributing significant levels 
of pollutants to storm water discharges. The alternative certification 
described below is included in the permit to ensure that monitoring 
requirements are only imposed on those facilities which do, in fact, 
have storm water discharges containing pollutants at concentrations of 
concern. EPA has determined that if there are no sources of a pollutant 
exposed to storm water at the site then the potential for that 
pollutant to contaminate storm water discharges does not warrant 
monitoring.
    Therefore, a discharger is not subject to the analytical monitoring 
requirements provided the discharger makes a certification for a given 
outfall, on a pollutant-by-pollutant basis, that material handling 
equipment or activities, raw materials, intermediate products, final 
products, waste materials, by-products, industrial machinery or 
operations, significant materials from past industrial activity that 
are located in areas of the facility that are within the drainage area 
of the outfall are not presently exposed to storm water and will not be 
exposed to storm water for the certification period. Such certification 
must be retained in the SWPPP, and submitted to EPA in lieu of 
monitoring reports required under Part 7 of the permit. The permittee 
is required to complete any and all sampling until the exposure is 
eliminated. If the facility is reporting for

[[Page 17035]]

a partial year, the permittee must specify the date exposure was 
eliminated. If the permittee is certifying that a pollutant was present 
for part of the reporting period, nothing relieves the permittee from 
the responsibility to sample that parameter up until the exposure was 
eliminated and it was determined that no significant materials 
remained. This certification is not to be confused with the low 
concentration sampling waiver. The test for the application of this 
certification is whether the pollutant is exposed, or can be expected 
to be present in the storm water discharge. If the facility does not 
and has not used a parameter, or if exposure is eliminated and no 
significant materials remain, then the facility can exercise this 
certification.
    As noted above, the MSGP does not allow facilities with discharges 
subject to numeric effluent limitations guidelines to submit 
alternative certification in lieu of compliance monitoring 
requirements. The permit also does not allow air transportation 
facilities or hard rock mines subject to the analytical monitoring 
requirements in Part 6 of the proposed MSGP to exercise an alternative 
certification.
    A facility is not precluded from exercising the alternative 
certification in lieu of analytical monitoring requirements in the 
second or fourth year of the reissued MSGP, even if that facility has 
failed to qualify for a low concentration waiver thus far. EPA 
encourages facilities to eliminate exposure of industrial activities 
and significant materials where practicable.
4. Reporting and Retention Requirements
    Like the existing MSGP, today's proposed MSGP requires that 
permittees submit all analytical monitoring results obtained during the 
second and fourth year of permit coverage. As noted earlier, year 2 
runs from October 1, 2001 to September 30, 2002; year 4 runs from 
October 1, 2003 to September 30, 2004. Monitoring results must be 
submitted by January 28, 2003 for year 2 monitoring and January 28, 
2005 for year 4 monitoring.
    For each outfall, one Discharge Monitoring Report (DMR) form must 
be submitted per storm event sampled. For facilities conducting 
monitoring beyond the minimum requirements an additional DMR form must 
be filed for each analysis. The permittee must include a measurement or 
estimate of the total precipitation, volume of runoff, and peak flow 
rate of runoff for each storm event sampled. Permittees subject to 
compliance monitoring requirements are required to submit all 
compliance monitoring results annually by October 28 following each 
annual sampling period (which run from October 1 of each year to 
September 30 of the following year). Compliance monitoring results must 
be submitted on signed DMR forms. For each outfall, one DMR form must 
be submitted for each storm event sampled.
    Permittees are not required to submit records of the visual 
examinations of storm water discharges unless specifically asked to do 
so by the Director. Records of the visual examinations must be 
maintained at the facility. Records of visual examination of storm 
water discharge need not be lengthy. Permittees may prepare typed or 
hand written reports using forms or tables which they may develop for 
their facility. The report need only document: the date and time of the 
examination; the name of the individual making the examination; and any 
observations of color, odor, clarity, floating solids, suspended 
solids, foam, oil sheen, and other obvious indicators of storm water 
pollution.
    The address for submission of DMR forms for today's proposed MSGP 
is as follows: MSGP DMR (4203), U.S. EPA, 401 M Street, SW, Washington, 
D.C. 20460.
    Under the existing MSGP, DMRs had been sent to the EPA Regional 
Offices. However, to facilitate review of all DMRs from facilities 
operating under the MSGP, the proposed MSGP-2000 requires that they be 
sent to the one location specified above.
    Today's proposal also retains the requirement in the existing MSGP 
that permittees submit signed copies of DMRs to the operator of a large 
or medium MS4 (those which serve a population of 100,000 or more), if 
there are discharges of storm water associated with industrial activity 
through the MS4.
    The location for submission of all reports (other than DMRs) for 
today's proposal MSGP remains the EPA Regional Offices as found in Part 
8.3 of the proposed permit. Consistent with Office of Management and 
Budget Circular A-105, facilities located on the following Federal 
Indian Reservations, which cross EPA Regional boundaries, should note 
that permitting authority for such lands is consolidated in one single 
EPA Region.
    a. Duck Valley Reservations lands, located in Regions 9 and 10, are 
handled by Region IX.
    b. Fort McDermitt Reservation lands, located in Regions 9 and 10, 
are handled by Region IX.
    c. Goshute Reservation lands, located in Regions 8 and 9, are 
handled by Region IX.
    d. Navajo Reservation lands, located in Regions 6, 8, and 9, are 
handled by Region 9.
    e. Ute Mountain Reservation lands, located in Regions 6 and 8, are 
handled Region VIII.
    Pursuant to the requirements of 40 CFR 122.41(j), today's proposal 
(like the existing MSGP) requires permittees to retain all records for 
a minimum of 3 years from the date of the sampling, examination, or 
other activity that generated the data.
5. Sample Type
    Today's proposal retains the same requirements regarding the type 
of sampling as the existing MSGP. A general description is provided 
below. Certain industries have different requirements, however, 
permittees should check the industry-specific requirements in Part 6 of 
the proposed permit to confirm these requirements. Grab samples may be 
used for all monitoring unless otherwise stated. All such samples shall 
be collected from the discharge resulting from a storm event that is 
greater than 0.1 inches in magnitude and that occurs at least 72 hours 
from the previously measurable (greater than 0.1 inch rainfall) storm 
event. The required 72-hour storm event interval may be waived by the 
permittee where the preceding measurable storm event did not result in 
a measurable discharge from the facility. The 72-hour requirement may 
also be waived by the permittee where the permittee documents that less 
than a 72-hour interval is representative for local storm events during 
the season when sampling is being conducted. The grab sample must be 
taken during the first 30 minutes of the discharge. If the collection 
of a grab sample during the first 30 minutes is impracticable, a grab 
sample can be taken during the first hour of the discharge, and the 
discharger must submit with the monitoring report a description of why 
a grab sample during the first 30 minutes was impracticable. A minimum 
of one grab is required. Where the discharge to be sampled contains 
both storm water and non-storm water, the facility shall sample the 
storm water component of the discharge at a point upstream of the 
location where the non-storm water mixes with the storm water, if 
practicable.
6. Representative Discharge
    The proposed MSGP-2000 retains the same provision as the existing 
MSGP regarding substantially identical outfalls

[[Page 17036]]

which allows a facility to reduce its overall monitoring burden. This 
representative discharge provision provides facilities with multiple 
storm water outfalls, a means for reducing the number of outfalls that 
must be sampled and analyzed. This may result in a substantial 
reduction of the resources required for a facility to comply with 
analytical monitoring requirements. When a facility has two or more 
outfalls that, based on a consideration of industrial activity, 
significant materials, and management practices and activities within 
the area drained by the outfall, the permittee reasonably believes 
discharge substantially identical effluents, the permittee may test the 
effluent of one of such outfalls and report that the quantitative data 
also applies to the substantially identical outfalls provided that the 
permittee includes in the SWPPP a description of the location of the 
outfalls and explaining in detail why the outfalls are expected to 
discharge substantially identical effluent. In addition, for each 
outfall that the permittee believes is representative, an estimate of 
the size of the drainage area (in square feet) and an estimate of the 
runoff coefficient of the drainage area (e.g., low (under 40 percent), 
medium (40 to 65 percent) or high (above 65 percent)) shall be provided 
in the plan. Facilities that select and sample a representative 
discharge are prohibited from changing the selected discharge in future 
monitoring periods unless the selected discharge ceases to be 
representative or is eliminated. Permittees do not need EPA approval to 
claim discharges are representative, provided they have documented 
their rationale within the SWPPP. However, the Director may determine 
the discharges are not representative and require sampling of all non-
identical outfalls.
    The representative discharge provision in the permit is available 
to almost all facilities subject to the analytical monitoring 
requirements (not including compliance monitoring for effluent 
guideline limit compliance purposes) and to facilities subject to 
visual examination requirements.
    The representative discharge provisions described above are 
consistent with Section 5.2 of NPDES Storm Water Sampling Guidance 
Document (EPA 833-B-92-001, July 1992).
7. Sampling Waiver
    Today's proposal retains the same provisions for sampling waivers 
(as discussed below) which are found in the existing MSGP:
    a. Adverse Weather Conditions. The proposed MSGP-2000 allows for 
temporary waivers from sampling based on adverse climatic conditions. 
This temporary sampling waiver is only intended to apply to 
insurmountable weather conditions such as drought or dangerous 
conditions such as lightning, flash flooding, or hurricanes. These 
events tend to be isolated incidents and should not be used as an 
excuse for not conducting sampling under more favorable conditions 
associated with other storm events. The sampling waiver is not intended 
to apply to difficult logistical conditions, such as remote facilities 
with few employees or discharge locations which are difficult to 
access. When a discharger is unable to collect samples within a 
specified sampling period due to adverse climatic conditions, the 
discharger shall collect a substitute sample from a separate qualifying 
event in the next sampling period as well as a sample for the routine 
monitoring required in that period. Both samples should be analyzed 
separately and the results of that analysis submitted to EPA. 
Permittees are not required to obtain advance approval for sampling 
waivers.
    b. Unstaffed and Inactive Sites--Chemical Sampling Waiver. Today's 
proposal allows for a waiver from sampling for facilities that are both 
inactive and unstaffed. This waiver is only intended to apply to these 
facilities where lack of personnel and locational impediments hinder 
the ability to conduct sampling (i.e., the ability to meet the time and 
representative rainfall sampling specifications). This waiver is not 
intended to apply to remote facilities that are active and staffed, nor 
to facilities with just difficult logistical conditions. When a 
discharger is unable to collect samples as specified in this permit, 
the discharger shall certify to the Director in the DMR that the 
facility is unstaffed and inactive and the ability to conduct samples 
within the specifications is not possible. Permittees are not required 
to obtain advance approval for this waiver.
    c. Unstaffed and Inactive Sites--Visual Monitoring Waiver. The 
proposed MSGP-2000 allows for a waiver from sampling for facilities 
that are both inactive and unstaffed. This waiver is only intended to 
apply to these facilities where lack of personnel and locational 
impediments hinder the ability to conduct visual examinations (i.e., 
the ability to meet the time and representative rainfall sampling 
specifications). This monitoring waiver is not intended to apply to 
remote facilities that are active and staffed, nor to facilities with 
just difficult logistical conditions. When a discharger is unable to 
perform visual examinations as specified in this permit, the discharger 
shall maintain on site with the pollution prevention plan a 
certification stating that the facility is unstaffed and inactive and 
the ability to perform visual examinations within the specifications is 
not possible. Permittees are not required to obtain advance approval 
for visual examination waivers.
8. Quarterly Visual Examination of Storm Water Quality
    Today's proposal retains the requirements of the existing MSGP for 
quarterly visual examinations of storm water discharges which EPA 
continues to believe provide a useful an inexpensive means for 
permittees to evaluate the effectiveness of their SWPPPs (with 
immediate feedback) and make any necessary modifications to address the 
results of the visual examinations. All sectors of today's proposed 
MSGP are required to conduct these examinations. In the existing MSGP 
all sectors except Sector S (which covers air transportation) are 
required to conduct the examinations.
    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 examination of the sample must be made in well lit areas. The 
visual examination is not required if there is insufficient rainfall or 
snow-melt to runoff or if hazardous conditions prevent sampling. 
Whenever practicable the same individual should carry out the 
collection and examination of discharges throughout the life of the 
permit to ensure the greatest degree of consistency possible in 
recording observations.
    When conducting a storm water visual examination, the pollution 
prevention team, or team member, should attempt to relate the results 
of the examination to potential sources of storm water contamination on 
the site. For example, if the visual examination reveals an oil sheen, 
the facility

[[Page 17037]]

personnel (preferably members of the pollution prevention team) should 
conduct an inspection of the area of the site draining to the examined 
discharge to look for obvious sources of spilled oil, leaks, etc. If a 
source can be located, then this information allows the facility 
operator to immediately conduct a clean-up of the pollutant source, 
and/or to design a change to the SWPPP to eliminate or minimize the 
contaminant source from occurring in the future.
    Other examples include: If the visual examination results in an 
observation of floating solids, the personnel should carefully examine 
the solids to see if they are raw materials, waste materials or other 
known products stored or used at the site. If an unusual color or odor 
is sensed, the personnel should attempt to compare the color or odor to 
the colors or odors of known chemicals and other materials used at the 
facility. If the examination reveals a large amount of settled solids, 
the personnel may check for unpaved, unstabilized areas or areas of 
erosion. If the examination results in a cloudy sample that is very 
slow to settle-out, the personnel should evaluate the site draining to 
the discharge point for fine particulate material, such as dust, ash, 
or other pulverized, ground, or powdered chemicals.
    To be most effective, the personnel conducting the visual 
examination should be fully knowledgeable about the SWPPP, the sources 
of contaminants on the site, the industrial activities conducted 
exposed to storm water and the day to day operations that may cause 
unexpected pollutant releases.
    If the visual examination results in a clean and clear sample of 
the storm water discharge, this may indicate that no pollutants are 
present. This would be a indication of a high quality result, however, 
the visual examination will not provide information about dissolved 
contamination. If the facility is in a sector or subsector required to 
conduct analytical (chemical) monitoring, the results of the chemical 
monitoring, if conducted on the same sample, would help to identify the 
presence of any dissolved pollutants and the ultimate effectiveness of 
the pollution prevention plan. If the facility is not required to 
conduct analytical monitoring, it may do so if it chooses to confirm 
the cleanliness of the sample.
    While conducting the visual examinations, personnel should 
constantly be attempting to relate any contamination that is observed 
in the samples to the sources of pollutants on site. When contamination 
is observed, the personnel should be evaluating whether or not 
additional BMPs should be implemented in the SWPPP to address the 
observed contaminant, and if BMPs have already been implemented, 
evaluating whether or not these are working correctly or need 
maintenance. Permittees may also conduct more frequent visual 
examinations than the minimum quarterly requirement, if they so choose. 
By doing so, they may improve their ability to ascertain the 
effectiveness of their plan. Using this guidance, and employing a 
strong knowledge of the facility operations, EPA believes that 
permittees should be able to maximize the effectiveness of their storm 
water pollution prevention efforts through conducting visual 
examinations which give direct, frequent feedback to the facility 
operator or pollution prevention team on the quality of the storm water 
discharge.
    EPA believes that this quick and simple assessment will help the 
permittee to determine the effectiveness of his/her plan on a regular 
basis at very little cost. Although the visual examination cannot 
assess the chemical properties of the storm water discharged from the 
site, the examination will provide meaningful results upon which the 
facility may act quickly. EPA recommends that the visual examination be 
conducted at different times than the chemical monitoring, but is not 
requiring this. In addition, more frequent visual examinations can be 
conducted if the permittee so chooses. In this way, better assessments 
of the effectiveness of the pollution prevention plan can be achieved. 
The frequency of this visual examination will also allow for timely 
adjustments to be made to the plan. If BMPs are performing 
ineffectively, corrective action must be implemented. A set of tracking 
or follow-up procedures must be used to ensure that appropriate actions 
are taken in response to the examinations. The visual examination is 
intended to be performed by members of the pollution prevention team. 
This hands-on examination will enhance the staff's understanding of the 
site's storm water problems and the effects of the management practices 
that are included in the plan.

F. Regional Offices

1. 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, SW, Washington, DC 20460.
2. EPA Regional Contacts
    For further information, please call the appropriate EPA Regional 
storm water contacts listed below:
     ME, MA, NH, Indian country in CT, MA, ME, RI, and Federal 
Facilities in VT.
    EPA Region 1, Office of Ecosystem Protection, One Congress Street--
CMU, Boston, MA 02114, Contact: Thelma Murphy (617) 918-1615.
     PR
    U.S. EPA, Region 2, Caribbean Environmental Protection Division, 
Centro Europa Building, 1492 Ponce de Leon Avenue, Suite 417, San Juan, 
Puerto Rico 00907-4127, Contact: Sergio Bosques (787) 729-6951.
     DC and Federal Facilities in DE
    EPA Region 3, Water Protection Division (3WP13), Storm Water 
Coordinator, 1650 Arch Street, Philadelphia, PA 19103, Contact: Mary 
Letzkus, (215) 814-2087.
     FL and Indian country in FL
    EPA Region 4, Water Management Division, Surface Water Permits 
Section (SWPFB), 61 Forsyth Street, SW, Atlanta, GA 30303-3104, 
Contact: Floyd Wellborn (404) 562-9296.
     NM; Indian country in LA, OK, TX and NM (Except Navajo and 
Ute Mountain Reservation Lands); oil and gas exploration and production 
related industries and pipeline operations and point source discharges 
associated with agricultural production, services, and silviculture in 
OK (which under State law are regulated by the Oklahoma Corporation 
Commission or the Oklahoma Department of Agriculture and not the 
Oklahoma Department of Environmental Quality); and oil and gas sites in 
TX.
    EPA Region 6, NPDES Permits Section (6WQ-PP) 1445 Ross Avenue, 
Dallas, TX 75202-2733, Contact: Brent Larsen (214) 665-7523.
     Federal facilities in the State of Colorado; Indian 
Country in CO, MT, ND, SD, WY and UT (except Goshute Reservation 
lands); Ute Mountain Reservation lands in CO and NM ; and Pine Ridge 
Reservation lands in SD and NE.
    EPA Region 8, Ecosystems Protection Program (8EPR-EP), 999 18th 
Street, Suite 500, Denver, CO 80202-2466, Contact: Vern Berry (303) 
312-6071.
     AZ, American Samoa, Commonwealth of Northern Mariana 
Islands, Johnston Atoll, Guam, Midway Island and Wake Island; all 
Indian country 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.

[[Page 17038]]

    EPA Region 9, Water, Management Division, (WTR-5), Storm Water 
Staff, 75 Hawthorne Street, San Francisco, CA 94105, Contact: Eugene 
Bromley (415) 744-1906.
     AK and ID; Indian country in AK, ID (except the Duck 
Valley Reservation), OR (except the Fort McDermitt Reservation), and 
WA; and Federal facilities in WA.
    EPA Region 10, Office of Water (OW-130), Storm Water Staff, 1200 
Sixth Avenue, Seattle, WA 98101.

VII. Cost Estimates

    Cost estimates for the MSGP were included with the final fact sheet 
accompanying the issuance of the MSGP on September 29, 1995 and are not 
being repeated here. However, additional costs for facilities seeking 
coverage under the reissued MSGP should be minor since the proposed 
MSGP includes few changes from the existing MSGP. Costs may actually 
decrease for those facilities required to perform analytic monitoring 
under the original MSGP if the Agency opts to forgo analytic monitoring 
in the MSGP-2000 (pending receipt of fourth-year monitoring data and 
public comments).

VIII. Special Requirements for Discharges Associated With Specific 
Industrial Activities

    Section VIII of the fact sheet accompanying the 1995 MSGP included 
a detailed description of the industrial sectors covered by the permit, 
sources of pollutants from the different types of industries, available 
industry-specific BMPs, and a description of the industrial-specific 
permit requirements. As noted previously, EPA is not repeating all this 
information due to its considerable length. Table 1 in Section IV of 
this fact sheet listed the industrial sectors and subsectors covered by 
the proposed MSGP. For today's proposed MSGP, EPA reviewed the various 
sectors and subsectors to determine whether additional BMP 
opportunities have been identified subsequent to the issuance of the 
1995 MSGP which would be appropriate to include in the reissued MSGP.
    To update the various sectors and subsectors, EPA reviewed a 
variety of sources of information. As noted in Section VI.C of this 
fact sheet, pollution prevention is the cornerstone of the NPDES storm 
water permit program, and as such, EPA focused on new pollution 
prevention opportunities in updating the sectors. EPA itself has 
several ongoing programs directed toward identifying additional 
pollution prevention opportunities for different industrial sectors. 
One example would be the ``sector notebooks'' which EPA's Office of 
Compliance has published covering 28 different industries, including 
many of those covered by the MSGP. EPA's Design for the Environment 
Program and Common Sense Initiative would be additional examples. 
States, municipalities, industry trade associations and individual 
companies have also been active in recent years in trying to identify 
additional pollution prevention opportunities for different types of 
industries.
    In reviewing the new information, however, EPA has identified only 
a few sectors where there appear to be additional storm water BMPs 
which would be appropriate for the reissued MSGP. For many industries, 
while considerable work has been conducted to reduce the environmental 
effects of these industries, little of the work has focused 
specifically on storm water. Rather the efforts have focused more in 
areas such as manufacturing process changes to reduce hazardous waste 
generation or to reduce pollutant discharges in process wastewater. 
Where additional storm water BMPs have been identified and are proposed 
to be incorporated into the reissued MSGP, these new requirements are 
discussed below by sector. In some sectors, additional language 
clarifying the permit requirements has been added and these changes are 
also discussed below.

A. Sector C--Chemical and Allied Products Facilities

    Industry-specific requirements for the manufacture of fertilizer 
from leather scraps (SIC 2873) was moved from Sector Z (Leather Tanning 
and Finishing) to Sector C. This change places the requirements for SIC 
2873 in the same sector as other manufacturers of fertilizers.

B. Sector G--Metal Mining (Ore Dressing and Mining)

    To clarify the applicability of the MSGP with regards to 
construction activity at metal mining sites, Sector G has been modified 
to indicate that earth-disturbing activities which disturb 5 or more 
acres may require permit coverage under EPA's construction general 
permit (63 FR 7858, February 17, 1998), or an alternate NPDES permit 
authorizing storm water discharges associated with construction 
activity. The discharges requiring such alternate permitting would 
primarily occur during exploration and start-up of a metal mining 
activity, but may also apply to expansion of an existing mine into new 
areas.
    Today's proposal also incorporates the MSGP modifications of August 
7, 1998 (63 FR 42534) regarding storm water discharges from waste rock 
and overburden piles. On October 10, 1995, the National Mining 
Association challenged the interpretation set forth in Table G-4 of the 
1995 MSGP that runoff from waste rock and overburden piles would 
categorically be considered mine drainage subject to effluent 
limitations guidelines (ELGs) at 40 CFR part 440. The litigation was 
settled on August 7, 1998 with a revised interpretation by EPA of the 
applicability of the ELGs which is incorporated into the proposed MSGP-
2000. Under the revised interpretation, runoff from waste rock and 
overburden piles is not subject to ELGs unless it naturally drains (or 
is intentionally diverted) to a point source and combines with ``mine 
drainage'' that is otherwise subject to the ELGs.
    The August 7, 1998 modification of the MSGP provided permit 
coverage for storm water discharges from waste rock and overburden 
piles which are not subject to ELGs. However, due to concerns regarding 
potential pollutants in the discharges, additional monitoring 
requirements were included in the permit to determine the pollutant 
concentrations in the discharges. These monitoring requirements are 
also included in today's proposed MSGP.

C. Sector J--Mineral Mining and Processing

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector J to determine whether these provisions 
need to be updated for the reissued MSGP. Although neither additional 
BMP nor additional monitoring requirements are being proposed, the 
permit language has been clarified to indicate that earth-disturbing 
activities which disturb 5 or more acres may require permit coverage 
under EPA's construction general permit (63 FR 7858, February 17, 
1998), or an alternate NPDES permit authorizing storm water discharges 
associated with construction activity. The discharges requiring such 
alternate permitting would primarily occur during exploration and 
start-up of a mineral mining activity, but may also apply to expansion 
of an existing mine into new areas.

D. Sector K--Hazardous Waste Treatment, Storage or Disposal Facilities

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector K to determine whether these provisions 
need to be updated for the reissued MSGP. On

[[Page 17039]]

January 19, 2000 (65 FR 3008), EPA promulgated final effluent 
limitations guidelines (ELGs) for ``contaminated storm water 
discharges'' from new and existing hazardous landfill facilities 
regulated under RCRA Subtitle C at 40 CFR parts 264 (subpart N) and 265 
(subpart N), except for the following ``captive'' landfills:
    (a) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill only receives wastes generated 
by the industrial or commercial operation directly associated with the 
landfill;
    (b) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill receives wastes generated by 
the industrial or commercial operation directly associated with the 
landfill and also receives other wastes provided the other wastes 
received for disposal are generated by a facility that is subject to 
the same provisions in 40 CFR Subchapter N as the industrial or 
commercial operation or the other wastes received are of similar nature 
to the wastes generated by the industrial or commercial operation;
    (c) Landfills operated in conjunction with Centralized Waste 
Treatment (CWT) facilities subject to 40 CFR part 437 so long as the 
CWT facility commingles the landfill wastewater with other non-landfill 
wastewater for discharge. A landfill directly associated with a CWT 
facility is subject to this part if the CWT facility discharges 
landfill wastewater separately from other CWT wastewater or commingles 
the wastewater from its landfill only with wastewater from other 
landfills; or
    (d) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill receives wastes from public 
service activities so long as the company owning the landfill does not 
receive a fee or other remuneration for the disposal service.
    For Sector K of the new MSGP, EPA is proposing to include the new 
ELGs (40 CFR part 445 subpart A) for hazardous landfill facilities.
    The term ``contaminated storm water'' is defined in the ELGs as 
``storm water which comes in direct contact with landfill wastes, the 
waste handling and treatment areas, or landfill wastewater.'' (40 CFR 
445.2). Contaminated storm water may originate from areas at a landfill 
including (but not limited to): ``the open face of an active landfill 
with exposed waste (no cover added); the areas around wastewater 
treatment operations; trucks, equipment or machinery that has been in 
direct contact with the waste; and waste dumping areas.'' (40 CFR 
445.2).
    The term ``non-contaminated storm water'' is defined in the ELGs as 
``storm water which does not come in direct contact with landfill 
wastes, the waste handling and treatment areas, or landfill 
wastewater.'' (40 CFR 445.2). Non-contaminated storm water includes 
storm water which ``flows off the cap, cover, intermediate cover, daily 
cover, and/or final cover of the landfill.'' [40 CFR 445.2].
    The term ``landfill wastewater'' is defined in the ELGs as ``all 
wastewater associated with, or produced by, landfilling activities 
except for sanitary wastewater, non-contaminated storm water, 
contaminated groundwater, and wastewater from recovery pumping wells. 
Landfill wastewater includes, but is not limited to, leachate, gas 
collection condensate, drained free liquids, laboratory derived 
wastewater, contaminated storm water and contact washwater from washing 
truck, equipment, and railcar exteriors and surface areas which have 
come in direct contact with solid waste at the landfill facility.''
    The existing MSGP authorizes discharges of storm water associated 
with industrial activity which includes contaminated storm water 
discharges (as defined above) as well as other non-contaminated storm 
water discharges (also defined above). The proposed MSGP would continue 
to authorize storm water associated with industrial activity; however, 
for contaminated storm water discharges as defined above, the proposed 
MSGP would require compliance with the promulgated ELGs for such 
discharges (with monitoring once/year during each year of the term of 
the proposed MSGP). The ELGs for the new and existing hazardous 
landfills are found in Table K-1 below:

Table K-1.--Effluent Limitations Guidelines for Contaminated Storm Water
                               Discharges
                                 [mg/l]
------------------------------------------------------------------------
                                                              Monthly
             Pollutant                Maximum for 1 day       average
                                                              maximum
------------------------------------------------------------------------
BOD5...............................  220................              56
TSS................................  88.................              27
Ammonia............................  10.................             4.9
Alpha Terpineol....................  0.042..............           0.019
Aniline............................  0.024..............           0.015
Benzoic Acid.......................  0.119..............           0.073
Naphthalene........................  0.059..............           0.022
p-Cresol...........................  0.024..............           0.015
Phenol.............................  0.048..............           0.029
Pyridine...........................  0.072..............           0.025
Arsenic (total)....................  1.1................            0.54
Chromium (total)...................  1.1................            0.46
Zinc (total).......................  0.535..............           0.296
pH.................................    within the range of 6-9 pH units
------------------------------------------------------------------------

    Today's proposed MSGP (like the existing MSGP) would not authorize 
non-storm water discharges such as leachate and vehicle and equipment 
washwater. These and other landfill-generated wastewaters are subject 
to the ELGs. The proposed MSGP would, however, continue to authorize 
certain minor non-storm water discharges (listed in Part 1.2.2.2) which 
are very similar to the existing MSGP.

E. Sector L--Landfills, Land Application Sites and Open Dumps

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector L to determine whether these provisions 
need to be updated for the reissued MSGP. The SWPPP requirements of the 
existing MSGP already include several special BMPs for this industry in 
addition to the MSGP's basic BMP requirements.

[[Page 17040]]

    On January 19, 2000 (65 FR 3008), EPA promulgated final effluent 
limitations guidelines (ELGs) for ``contaminated storm water 
discharges'' from new and existing non-hazardous landfill facilities 
regulated under RCRA Subtitle D (40 CFR part 445 subpart B). For Sector 
L of today's proposed MSGP, EPA is proposing to include the ELGs as 
they apply to facilities covered by this sector. For Sector L 
facilities, the ELGs apply to:
    Municipal solid waste landfills regulated under RCRA Subtitle D at 
40 CFR part 258 and those landfills which are subject to the provisions 
of 40 CFR part 257, except for any of the following ``captive'' 
landfills:
    (a) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill only receives wastes generated 
by the industrial or commercial operation directly associated with the 
landfill;
    (b) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill receives wastes generated by 
the industrial or commercial operation directly associated with the 
landfill and also receives other wastes provided the other wastes 
received for disposal are generated by a facility that is subject to 
the same provisions in 40 CFR Subchapter N as the industrial or 
commercial operation or the other wastes received are of similar nature 
to the wastes generated by the industrial or commercial operation;
    (c) Landfills operated in conjunction with Centralized Waste 
Treatment (CWT) facilities subject to 40 CFR part 437 so long as the 
CWT facility commingles the landfill wastewater with other non-landfill 
wastewater for discharge. A landfill directly associated with a CWT 
facility is subject to this part if the CWT facility discharges 
landfill wastewater separately from other CWT wastewater or commingles 
the wastewater from its landfill only with wastewater from other 
landfills; or
    (d) Landfills operated in conjunction with other industrial or 
commercial operations when the landfill receives wastes from public 
service activities so long as the company owning the landfill does not 
receive a fee or other remuneration for the disposal service.
    EPA is not proposing to modify Sector L for the discharges which 
are not subject to the ELGs. In addition, EPA would like to call 
attention to a new EPA publication entitled ``Guide for Industrial 
Waste Management'' (EPA 530-R-99-001, June, 1999) which provides a 
useful information resource for permittees in complying with the MSGP, 
and in minimizing the impact of landfills to the environment overall.
    The term ``contaminated storm water'' is defined in the ELGs as 
``storm water which comes in direct contact with landfill wastes, the 
waste handling and treatment areas, or landfill wastewater.'' (40 CFR 
445.2). Contaminated storm water may originate from areas at a landfill 
including (but not limited to): ``the open face of an active landfill 
with exposed waste (no cover added); the areas around wastewater 
treatment operations; trucks, equipment or machinery that has been in 
direct contact with the waste; and waste dumping areas.'' (40 CFR 
445.2).
    The term ``non-contaminated storm water'' is defined in the ELGs as 
``storm water which does not come in direct contact with landfill 
wastes, the waste handling and treatment areas, or landfill 
wastewater.'' (40 CFR 445.2). Non-contaminated storm water includes 
storm water which ``flows off the cap, cover, intermediate cover, daily 
cover, and/or final cover of the landfill.'' (40 CFR 445.2).
    The term ``landfill wastewater'' is defined in the ELGs as ``all 
wastewater associated with, or produced by, landfilling activities 
except for sanitary wastewater, non-contaminated storm water, 
contaminated groundwater, and wastewater from recovery pumping wells. 
Landfill wastewater includes, but is not limited to, leachate, gas 
collection condensate, drained free liquids, laboratory derived 
wastewater, contaminated storm water and contact washwater from washing 
truck, equipment, and railcar exteriors and surface areas which have 
come in direct contact with solid waste at the landfill facility.'' (40 
CFR 445.2).
    The existing MSGP authorizes discharges of storm water associated 
with industrial activity from landfills including contaminated storm 
water discharges as defined in the ELGs as well as non-contaminated 
storm water. Today's proposal would continue to authorize storm water 
associated with industrial activity; however, for contaminated storm 
water discharges as defined above, the proposed MSGP would require 
compliance with the promulgated ELGs for such discharges (with 
monitoring once/year during each year of the term of the proposed 
MSGP). The ELGs are found in Table L-1 below:

Table L-1.--Effluent Limitations Guidelines for Contaminated Storm Water
                               Discharges
                                 (mg/l)
------------------------------------------------------------------------
                                                              Monthly
             Pollutant                Maximum for 1 day       average
                                                              maximum
------------------------------------------------------------------------
BOD5...............................  140................              37
TSS................................  88.................              27
Ammonia............................  10.................             4.9
Alpha Terpineol....................  0.033..............           0.016
Benzoic Acid.......................  0.12...............           0.071
p-Cresol...........................  0.025..............           0.014
Phenol.............................  0.026..............           0.015
Zinc (Total).......................  0.20...............            0.11
pH.................................    within the range of 6-9 pH units
------------------------------------------------------------------------

    The proposed MSGP (like the existing MSGP) would not authorize non-
storm water discharges such as leachate and vehicle and equipment 
washwater. These and other landfill-generated wastewaters are subject 
to the ELGs. The proposed MSGP would, however, continue to authorize 
the same minor non-storm water discharges (listed in Part 1.2.2.2) as 
the existing MSGP.

F. Sector S--Air Transportation Facilities

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector S to determine whether these provisions 
need to be updated for the reissued MSGP. The SWPPP requirements of the 
existing MSGP include several special BMP requirements for airports in 
addition to the MSGP's basic BMP requirements. However, additional 
technologies have been developed since the original MSGP

[[Page 17041]]

issuance for deicing operations which are proposed to be included in 
today's MSGP. First, with regards to deicing compounds, the existing 
MSGP requires that permittees consider only one compound (potassium 
acetate) in lieu of ethylene glycol, propylene glycol and urea. Part 
6.S.5.3.6 of today's proposed MSGP also requires a consideration of 
magnesium acetate, calcium acetate and anhydrous sodium acetate as 
additional deicing alternatives which (like potassium acetate), EPA 
believes would be environmentally preferable.
    Part 6.S.5.3.6.2 of today's proposed MSGP also requires a 
consideration of new technologies for aircraft deicing including infra-
red treatment, hot air treatment and sonic treatment. Other new deicing 
options which must be considered include deicing aircraft in a 
dedicated area or pad with a runoff collection/recovery system, and 
using a deicer gantry that delivers controlled amounts of chemical to 
specific areas of the aircraft.

G. Sector T--Treatment Works

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector T to determine whether these provisions 
need to be updated for the reissued MSGP. The SWPPP requirements of the 
existing MSGP already include a few special BMP requirements for this 
industry in addition to the MSGP's basic BMP requirements. In reviewing 
the information which EPA has available on this industry, EPA has 
identified several additional areas at treatment works facilities which 
we believe should be considered more closely for potential storm water 
controls. As a result, EPA has included additional or modified permit 
requirements which we believe would be appropriate to include in Sector 
T.
    The proposed MSGP-2000 requires that operators of Sector T 
treatment works include the following additional areas or activities, 
where they are exposed to precipitation, in their SWPPP site map, 
summary of potential pollutant sources, and inspections: Grit, 
screenings and other solids handling, storage or disposal areas; sludge 
drying beds; dried sludge piles; compost piles; septage and/or hauled 
waste receiving stations. An additional BMP that permittees must 
consider is routing storm water to into the treatment works, or 
covering exposed materials from these additional areas or activities.

H. Sector Y--Rubber, Miscellaneous Plastic Products and Miscellaneous 
Manufacturing Industries

    EPA has re-evaluated the provisions of the current MSGP for 
industrial facilities in Sector Y. The existing MSGP includes several 
special BMP requirements for rubber manufacturers to control zinc in 
storm water discharges. However, no special BMPs beyond the MSGP's 
basic SWPPP requirements are included in the existing MSGP for 
manufacturers of miscellaneous plastic products or miscellaneous 
manufacturing industries.
    EPA has several ongoing programs directed toward identifying 
additional pollution prevention opportunities for different industrial 
sectors. For example, EPA's Office of Compliance has published ``sector 
notebooks'' for a number of industries, including the rubber and 
miscellaneous plastics industry (EPA 310-R-95-016). The sector 
notebooks are intended to facilitate a multi-media analysis of 
environmental issues associated with different industries and include a 
review of pollution prevention opportunities for the industries. As 
discussed below, EPA's sector notebook for the rubber and plastic 
products industry identifies a number of additional BMPs (beyond those 
in the existing MSGP) which could further reduce pollutants in storm 
water discharges from these facilities, and which are proposed for the 
reissued MSGP.
1. Rubber Manufacturing Facilities
    The proposed MSGP-2000 requires that rubber manufacturing facility 
permittees consider the following additional BMPs (which were selected 
from those in the sector notebook) for the rubber product compounding 
and mixing area:
    (1) Consider the use of chemicals which are purchased in pre-
weighed, sealed polyethylene bags. The sector notebook points out that 
some facilities place such bags directly into the banbury mixer, 
thereby eliminating a formerly dusty operation which could result in 
pollutants in storm water discharges.
    (2) Consider the use of containers which can be sealed for 
materials which are in use; also consider ensuring an airspace between 
the container and the cover to minimize ``puffing'' losses when the 
container is opened.
    (3) Consider the use of automatic dispensing and weighing 
equipment. The sector notebook observes that such equipment minimizes 
the chances for chemical losses due to spills.
2. Plastic Products Manufacturing Facilities
    For plastic products manufacturing facilities, the proposed MSGP-
2000 requires that permittees consider and include (as appropriate) 
specific measures in the SWPPP to minimize loss of plastic resin 
pellets to the environment. These measures include (at a minimum) spill 
minimization, prompt and thorough cleanup of spills, employee 
education, thorough sweeping, pellet capture and disposal precautions. 
Additional specific guidance on minimizing loss can be found in the EPA 
publication entitled ``Plastic Pellets in the Aquatic Environment: 
Sources and Recommendations'' (EPA 842-B-92-010, December, 1992) and at 
the website of the Society of the Plastics Industry (www.socplas.org).
3. Industry-Sponsored Efforts
    Both the rubber manufacturing and plastic products industries are 
also active in sponsoring studies designed to reduce the environmental 
impacts associated with the production, use and ultimate disposal of 
their products. However, in reviewing recent work in this regard, EPA 
has not identified any additional BMPs for storm water discharges which 
would be appropriate for the reissued MSGP. Therefore, only the 
additional BMPs noted above are proposed for the reissued MSGP for 
these industries.

IX. 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 mandates, the President's priorities, or the principles set 
forth in the Executive Order.

[[Page 17042]]

    EPA has determined that the proposed MSGP 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.

X. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Pub 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 2 U.S.C. 658 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 today's proposal would not 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 MSGP-2000 will 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 MSGP also will 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 proposed permit.

XI. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the proposed MSGP 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.

XII. Regulatory Flexibility Act

    The Agency has determined that the proposed MSGP being published 
today is not subject to the Regulatory Flexibility Act (``RFA''), which 
generally requires an agency to conduct a regulatory flexibility 
analysis of any significant impact the rule will have on a substantial 
number of small entities. By its terms, the RFA only applies to rules 
subject to notice-and-comment rulemaking requirements under the 
Administrative Procedure Act (``APA'') or any other statute. Today's 
proposed MSGP is not subject to notice and comment requirements under 
the APA or any other statute because the APA defines ``rules'' in a 
manner that excludes permits. See APA section 551 (4), (6), and (8).
    APA section 553 does not require public notice and opportunity for 
comment for interpretative rules or general statements of policy. In 
addition to proposing the new MSGP to be reissued, today's notice 
repeats an interpretation of existing regulations promulgated almost 
twenty years ago. The action would impose no new or additional 
requirements.

XIII. Official Signatures

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


    Dated: March 6, 2000.
Linda M. Murphy,
Director, Office of Ecosystem Protection, EPA--Region I.

    Dated: March 10, 2000.
Kathleen C. Callahan,
Director, Division of Environmental Planning and Protection, Region 2.

    Dated: March 3, 2000.
Jon M. Capacasa,
Acting Director, Water Protection Division, EPA, Region 3.

    Dated: March 6, 2000.
Beverly H. Banister,
Deputy Division Director, Region 4.

    Dated: March 2, 2000.
William B. Hathaway,
Director, Water Quality Protection Division, EPA Region 6.

    Dated: March 6, 2000.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Pollution Prevention, State 
and Tribal Assistance, Region 8.

    Dated: March 2, 2000.
Alexis Strauss,
Director, Water Division, EPA, Region 9.

XIII. Official Signatures

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

    Dated: March 6, 2000.
Randall F. Smith,
Director, Office of Water, EPA Region 10.
    [Note to the Public: ``Notes'' appearing in brackets [...] are used 
to highlight an area the Agency is particularly interested in 
soliciting public comment. These bracketed notes will not appear in the 
final permit. ``Notes'' or ``Cautions'' that do not appear in brackets 
are part of the proposed permit and are used to highlight or clarify 
permit conditions.]

NPDES Multi-Sector General Permits For Storm Water Discharges 
Associated With Industrial Activities

Cover Page
Permit No. (See Part 1.1)
Authorization to Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), operators of discharges associated 
with industrial activities that submit a complete Notice of Intent in 
accordance with part 2.2 for a discharge that is located in an area 
specified in part 1.1 and eligible for permit coverage under part 1.2 
are authorized to discharge pollutants to

[[Page 17043]]

waters of the United States in accordance with the conditions and 
requirements set forth herein.
    This permit becomes effective on March 30, 2000.
    This permit and the authorization to discharge expire at midnight, 
March 30, 2005.
Region 1
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 2
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 3
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 4
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 6
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 8
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 9
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

Region 10
Signed and issued this ______ day of __________, 2000
(reserved for final permit decision)
____________________________
(Signature of Water Management Division Director)

NPDES Multi-Sector General Permits for Storm Water

Table of Contents

1. Coverage Under This Permit

1.1  Permit Area
1.2  Eligibility
1.3   How to Obtain Authorization Under This Permit
1.4  Terminating Coverage
1.5  Conditional Exclusion for No Exposure

2. Notice of Intent Requirements

2.1  Notice of Intent (NOI) Deadlines
2.2  Contents of Notice of Intent (NOI)
2.3  Use of NOI Form
2.4  Where to Submit
2.5  Additional Notification

3. Special Conditions

3.1  Hazardous Substances or Oil
3.2  Additional Requirements for Salt Storage
3.3  Discharge Compliance With Water Quality Standards

4. Storm Water Pollution Prevention Plans

4.1  Storm Water Pollution Prevention Plan Requirements
4.2  Contents of Plan
4.3  Maintenance
4.4  Non-Storm Water Discharges
4.5  Documentation of Permit Eligibility Related to Endangered 
Species
4.6  Documentation of Permit Eligibility Related to Historic
4.7  Copy of Permit Requirements
4.8  Applicable State, Tribal or Local Plans
4.9  Comprehensive Site Compliance Evaluation
4.10  Maintaining Updated SWPPP
4.11  Signature, Plan Review and Making Plans Available

5. Monitoring Requirements and Numeric Limitations

5.1  Types of Monitoring Requirements and Limitations
5.2  Monitoring Instructions
5.3  General Monitoring Waivers
5.4  Monitoring Required the Director
5.5  Reporting Monitoring Results

6. Sector-Specific Requirements for Industrial Activity

6.A  Sector A--Timber Products
6.B  Sector B--Paper and Allied Products Manufacturing
6.C  Sector C--Chemical and Allied Products Manufacturing
6.D  Sector D--Asphalt Paving and Roofing Materials and Lubricant 
Manufacturers.
6.E  Sector E--Glass Clay, Cement, Concrete, and Gypsum Products
6.F  Sector F--Primary Metals
6.G  Sector G--Metal Mining (Ore Mining and Dressing)
6.H  Sector H--Coal Mines and Coal Mining Related Facilities
6.I  Sector I--Oil and Gas Extraction
6.J  Sector J--Mineral Mining and Dressing
6.K  Sector K--Hazardous Waste Treatment, Storage or Disposal 
Facilities
6.L  Sector L--Landfills, Land Application Sites and Open Dumps
6.M  Sector M--Automobile Salvage Yards
6.N  Sector N--Scrap Recycling and Waste Recycling Facilities
6.O  Sector O--Steam Electric Generating Facilities
6.P  Sector P--Land Transportation and Warehousing
6.Q  Sector Q--Water Transportation
6.R  Sector R--Ship and Boat Building or Repair Yards
6.S  Sector S--Air Transportation
6.T  Sector T--Treatment Works
6.U  Sector U--Food and Kindred Products
6.V  Sector V--Textile Mills, Apparel and Other Fabric Products
6.W  Sector W--Furniture and Fixtures
6.X  Sector X--Printing and Publishing
6.Y  Sector Y--Rubber, Miscellaneous Plastic Products and 
Miscellaneous Manufacturing Industries
6.Z  Sector Z--Leather Tanning and Finishing
6.AA  Sector AA--Fabricated Metal Products
6.AB  Sector AB--Transportation Equipment, Industrial or Commercial 
Machinery
6.AC  Sector AC--Electronic, Electrical Equipment and Components, 
Photographic and Optical Goods
6.AD  Storm Water Discharges Designated By the Director As Requiring 
Permits

7. Reporting

7.1  Reporting Results of Monitoring
7.2  Additional Reporting for Dischargers to a Large or Medium 
Municipal Separate Storm Sewer System
7.3  Miscellaneous Reports

8. Retention of Records

8.1  Documents
8.2  Accessibility
8.3  Addresses
8.4  State, Tribal, and Other Agencies

9. Standard Permit Conditions

9.1  Duty to Comply
9.2  Continuation of the Expired General Permit
9.3  Need to Halt or Reduce Activity Not a Defense
9.4  Duty to Mitigate
9.5  Duty to Provide Information
9.6  Other Information
9.7  Signatory Requirements
9.8  Penalties for Falsification of Reports
9.9  Oil and Hazardous Substance Liability
9.10  Property Rights
9.11  Severability
9.12  Requiring Coverage Under an Individual Permit or an 
Alternative General Permit
9.13  State/Tribal Environmental Laws
9.14  Proper Operation and Maintenance
9.15  Inspection and Entry
9.16  Monitoring and Records
9.17  Permit Actions

 10. Reopener Clause

10.1  Water Quality Protection
10.2  Procedures for Modification or Revocation

[[Page 17044]]

11. Transfer or Termination of Coverage

11.1  Transfer of Permit Coverage
11.2  Notice of Termination (NOT)
11.3  Addresses
11.4  Facilities Eligible for ``No Exposure'' Exemption for Storm 
Water Permitting

12. Definitions

13. Permit Conditions Applicable to Specific States, Indian Country 
Lands, or Territories

Addendum A--Endangered Species Guidance

Addendum B--Historic Properties Guidance

Addendum D--Notice of Intent Form

Addendum E--Notice of Termination Form

Addendum F--No Exposure Certification Form

    Note: In the Spirit of the Agency's ``Readable Regulations'' 
policy, this permit was written as much as practicable in a more 
reader-friendly, plain language format that should make it easier 
for people less familiar with traditional EPA permits and 
regulations to read and understand the permit requirements. Terms 
like ``you'' and ``your'' are used to refer to the party(ies) that 
are operators of a discharge, applicants, permittees, etc. Terms 
like ``must'' are used instead of ``shall.'' Phrasing such as ``If 
you. * * *'' is used to identify conditions that may not apply to 
all permittees.

1. Coverage Under This Permit

1.1  Permit Area

    The permit language is structured as if it were a single permit, 
with State, Indian Country land or other area-specific conditions 
contained in Part 13. Permit coverage is actually provided by 
legally separate and distinctly numbered permits, all of which are 
contained herein, and which cover each of the areas listed in Parts 
1.1.1 through 1.1.10. Note: EPA can only provide permit coverage for 
areas and classes of discharges not within the scope of a State's 
NPDES authorization. For discharges not described in an area of 
coverage below, please contact the appropriate State NPDES 
permitting authority to obtain a permit.

1.1.1  EPA Region 1: CT, MA, ME, NH, RI, VT

    The states of Connecticut, Rhode Island, and Vermont are the 
NPDES Permitting Authority for the majority of discharges within 
their respective states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
CTR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Connecticut.
MAR05*###.....................................................................  Commonwealth of Massachusetts,
                                                                                 except Indian Country lands.
MAR05*##I.....................................................................  Indian Country lands within the
                                                                                 Commonwealth of Massachusetts.
MER05*###.....................................................................  State of Maine, except Indian
                                                                                 Country lands.
MER05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Maine.
NHR05*###.....................................................................  State of New Hampshire.
RIR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Rhode Island.
VTR05*##F.....................................................................  Federal Facilities in the State
                                                                                 of Vermont.
----------------------------------------------------------------------------------------------------------------

1.1.2 EPA Region 2: NJ, NY, PR, VI

    The state of New York is the NPDES Permitting Authority for the 
majority of discharges within that state. New Jersey and the Virgin 
Islands are the NPDES Permitting Authority for all discharges within 
their respective states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
NYR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of New York.
PRR05*###.....................................................................  The Commonwealth of Puerto Rico.
----------------------------------------------------------------------------------------------------------------

1.1.3 EPA Region 3: DE, DC, MD, PA, VA, WV

    The state of Delaware is the NPDES Permitting Authority for the 
majority of discharges within that state. Maryland, Pennsylvania, 
and Virginia, West Virginia are the NPDES Permitting Authority for 
all discharges within these states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
DCR05*###.....................................................................  The District of Columbia.
DER05*##F.....................................................................  Federal Facilities in the State
                                                                                 of Delaware.
----------------------------------------------------------------------------------------------------------------

1.1.4 EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN

    The states of Alabama, Mississippi, and North Carolina are the 
NPDES Permitting Authority for the majority of discharges within 
their respective states. Georgia, Kentucky, South Carolina and 
Tennessee are the NPDES Permitting Authority for all discharges 
within their respective states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
ALR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Alabama.
FLR05*###.....................................................................  State of Florida.
FLR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Florida.
MSR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Mississippi.
NCR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of North Carolina.
----------------------------------------------------------------------------------------------------------------


[[Page 17045]]

1.1.5 EPA Region 5: IL, IN, MI, MN, OH, WI

    Coverage Not Available.

1.1.6 EPA Region 6: AR, LA, OK, TX, NM (Except See Region 9 for 
Navajo Lands, and See Region 8 for Ute Mountain Reservation Lands)

    The states of Louisiana, Oklahoma, and Texas are the NPDES 
Permitting Authority for the majority of discharges within their 
respective states. Arkansas is the NPDES Permitting Authority for 
all discharges within that state.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
LAR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Louisiana.
NMR05*###.....................................................................  The State of New Mexico, except
                                                                                 Indian Country lands.
NMR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of New Mexico, except
                                                                                 Navajo Reservation Lands that
                                                                                 are covered under Arizona
                                                                                 permit AZR05*##I listed in Part
                                                                                 1.1.9 and Ute Mountain
                                                                                 Reservation Lands that are
                                                                                 covered under Colorado permit
                                                                                 COR05*##I listed in Part 1.1.8.
OKR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Oklahoma.
OKR05*##F.....................................................................  Oil and gas facilities under SIC
                                                                                 codes 1311, 1381, 1382, and
                                                                                 1389 and 5171 and point source
                                                                                 (but not non-point source)
                                                                                 discharges associated with
                                                                                 agricultural production,
                                                                                 services, and silviculture in
                                                                                 the State of Oklahoma, except
                                                                                 those on Indian Country lands
                                                                                 (i.e., discharges not under the
                                                                                 authority of the Oklahoma
                                                                                 Department of Environmental
                                                                                 Quality).
TXR05*##F.....................................................................  Oil and gas facilities in the
                                                                                 State of Texas under SIC codes
                                                                                 1311, 1321, 1381, 1382, and
                                                                                 1389, except those on Indian
                                                                                 Country lands (i.e., discharges
                                                                                 not under the authority of the
                                                                                 Texas Natural Resource
                                                                                 Conservation Commission).
TXR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Texas.
----------------------------------------------------------------------------------------------------------------

1.1.7 EPA Region 7: IA, KS, MO, NE

    Coverage Not Available.

1.1.8 EPA Region 8: CO, MT, ND, SD, WY, UT (Except See Region 9 for 
Goshute Reservation and Navajo Reservation Lands), the Ute Mountain 
Reservation in NM, and the Pine Ridge Reservation in NE

    The states of Colorado, Montana, North Dakota, South Dakota, 
Utah, and Wyoming are the NPDES Permitting Authority for the 
majority of discharges within their respective states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
COR05*##F.....................................................................  Federal Facilities in the State
                                                                                 of Colorado, except those
                                                                                 located on Indian Country
                                                                                 lands.
COR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Colorado, including
                                                                                 the portion of the Ute Mountain
                                                                                 Reservation located in New
                                                                                 Mexico.
MTR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Montana.
NDR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of North Dakota,
                                                                                 including that portion of the
                                                                                 Standing Rock Reservation
                                                                                 located in South Dakota except
                                                                                 for the Lake Traverse
                                                                                 Reservation that is covered
                                                                                 under South Dakota permit
                                                                                 SDR05*##I listed below.
SDR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of South Dakota,
                                                                                 including the portion of the
                                                                                 Pine Ridge Reservation located
                                                                                 in Nebraska and the portion of
                                                                                 the Lake Traverse Reservation
                                                                                 located in North Dakota except
                                                                                 for the Standing Rock
                                                                                 Reservation that is covered
                                                                                 under North Dakota permit
                                                                                 NDR05*##I listed above.
UTR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Utah, except Goshute
                                                                                 and Navajo Reservation lands
                                                                                 that are covered under Arizona
                                                                                 permit AZR05*##I (Goshute)
                                                                                 listed in Part 1.1.9 and Nevada
                                                                                 permit NVR05*##I (Navaho)
                                                                                 listed in Part 1.1.9.
WYR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Wyoming.
----------------------------------------------------------------------------------------------------------------

1.1.9  EPA Region 9: AZ, CA, HI, NV, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Goshute 
Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, 
the Duck Valley Reservation in ID, and the Fort McDermitt 
Reservation in OR

    The states of California and Nevada are the NPDES Permitting 
Authority for the majority of discharges within their respective 
states. Hawaii is the NPDES Permitting Authority for all discharges 
within that state.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
ASR05*###.....................................................................  The Island of American Samoa.
AZR05*###.....................................................................  The State of Arizona, except
                                                                                 Indian Country lands.
AZR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Arizona, including
                                                                                 Navajo Reservation lands in New
                                                                                 Mexico and Utah.
CAR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of California.
GUR05*###.....................................................................  The Island of Guam.

[[Page 17046]]

 
JAR05*###.....................................................................  Johnston Atoll.
MWR05*###.....................................................................  Midway Island and Wake Island.
NIR05*###.....................................................................  Commonwealth of the Northern
                                                                                 Mariana Islands.
NVR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Nevada, including the
                                                                                 Duck Valley Reservation in
                                                                                 Idaho, the Fort McDermitt
                                                                                 Reservation in Oregon and the
                                                                                 Goshute Reservation in Utah.
----------------------------------------------------------------------------------------------------------------

1.1.10  Region 10: AK, ID (Except See Region 9 for Duck Valley 
Reservation Lands), OR (Except See Region 9 for Fort McDermitt 
Reservation), WA

    The states of Oregon and Washington are the NPDES Permitting 
Authority for the majority of discharges within their respective 
states.

----------------------------------------------------------------------------------------------------------------
                                                                                 Areas of Coverage/Where EPA is
                                  Permit No.                                          Permitting Authority
----------------------------------------------------------------------------------------------------------------
AKR05*###.....................................................................  The State of Alaska, except
                                                                                 Indian Country lands.
AKR05*##I.....................................................................  Indian Country lands within
                                                                                 Alaska.
IDR05*###.....................................................................  The State of Idaho, except
                                                                                 Indian Country lands.
IDR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Idaho, except Duck
                                                                                 Valley Reservation lands which
                                                                                 are covered under Nevada permit
                                                                                 NVR05*##I listed in Part 1.1.9.
ORR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Oregon except Fort
                                                                                 McDermitt Reservation lands
                                                                                 that are covered under Nevada
                                                                                 permit NVR10*#I listed in Part
                                                                                 1.1.9.
WAR05*##I.....................................................................  Indian Country lands within the
                                                                                 State of Washington.
WAR05*##F.....................................................................  Federal Facilities in the State
                                                                                 of Washington, except those
                                                                                 located on Indian Country
                                                                                 lands.
----------------------------------------------------------------------------------------------------------------

1.2  Eligibility

    You must maintain permit eligibility to discharge under this 
permit. Any discharges that are not compliant with the eligibility 
conditions of this permit are not authorized by the permit and you 
must either apply for a separate permit to cover those ineligible 
discharges or take necessary steps to make the discharges eligible 
for coverage.

1.2.1  Facilities Covered

    Your permit eligibility is limited to discharges from facilities 
in the ``sectors'' of industrial activity based on Standard 
Industrial Classification (SIC) codes and Industrial Activity Codes 
summarized in Table 1-1. References to ``sectors'' in this permit 
(e.g., sector-specific monitoring requirements, etc.) refer to these 
sectors.

                        Table 1-1.--Sectors of Industrial Activity Covered by This Permit
----------------------------------------------------------------------------------------------------------------
                         SIC Code or activity code \1\                                Activity represented
----------------------------------------------------------------------------------------------------------------
 
                                            Sector A: Timber Products
----------------------------------------------------------------------------------------------------------------
2411..........................................................................  Log Storage and Handling (Wet
                                                                                 deck storage areas only
                                                                                 authorized if no chemical
                                                                                 additives are used in the spray
                                                                                 water or applied to the logs).
2421..........................................................................  General Sawmills and Planning
                                                                                 Mills.
2426..........................................................................  Hardwood Dimension and Flooring
                                                                                 Mills.
2429..........................................................................  Special Product Sawmills, Not
                                                                                 Elsewhere Classified.
2431-2439 (except 2434).......................................................  Millwork, Veneer, Plywood, and
                                                                                 Structural Wood (see Sector W).
2448, 2449....................................................................  Wood Containers.
2451, 2452....................................................................  Wood Buildings and Mobile Homes.
2491..........................................................................  Wood Preserving.
2493..........................................................................  Reconstituted Wood Products.
2499..........................................................................  Wood Products, Not Elsewhere
                                                                                 Classified.
----------------------------------------------------------------------------------------------------------------
                                       Sector B: Paper and Allied Products
----------------------------------------------------------------------------------------------------------------
2611..........................................................................  Pulp Mills.
2621..........................................................................  Paper Mills.
2631..........................................................................  Paperboard Mills.
2652-2657.....................................................................  Paperboard Containers and Boxes.
2671-2679.....................................................................  Converted Paper and Paperboard
                                                                                 Products, Except Containers and
                                                                                 Boxes.
----------------------------------------------------------------------------------------------------------------
                                     Sector C: Chemical and Allied Products
----------------------------------------------------------------------------------------------------------------
2812-2819.....................................................................  Industrial Inorganic Chemicals.
2821-2824.....................................................................  Plastics Materials and Synthetic
                                                                                 Resins, Synthetic Rubber,
                                                                                 Cellulosic and Other Manmade
                                                                                 Fibers Except Glass.
2833-2836.....................................................................  Medicinal chemicals and
                                                                                 botanical products;
                                                                                 pharmaceutical preparations,;
                                                                                 in vitro and in vivo diagnostic
                                                                                 substances; biological
                                                                                 products, except diagnostic
                                                                                 substances.
2841-2844.....................................................................  Soaps, Detergents, and Cleaning
                                                                                 Preparations; Perfumes,
                                                                                 Cosmetics, and Other Toilet
                                                                                 Preparations.
2851..........................................................................  Paints, Varnishes, Lacquers,
                                                                                 Enamels, and Allied Products.
2861-2869.....................................................................  Industrial Organic Chemicals.
2873-2879.....................................................................  Agricultural Chemicals.

[[Page 17047]]

 
2873..........................................................................  Facilities that Make Fertilizer
                                                                                 Solely from Leather Scraps and
                                                                                 Leather Dust.
2891-2899.....................................................................  Miscellaneous Chemical Products.
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 and Lubricants
----------------------------------------------------------------------------------------------------------------
2951, 2952....................................................................  Asphalt Paving and Roofing
                                                                                 Materials.
2992, 2999....................................................................  Miscellaneous Products of
                                                                                 Petroleum and Coal.
----------------------------------------------------------------------------------------------------------------
                           Sector E: Glass Clay, Cement, Concrete, and Gypsum Products
----------------------------------------------------------------------------------------------------------------
3211..........................................................................  Flat Glass.
3221, 3229....................................................................  Glass and Glassware, Pressed or
                                                                                 Blown.
3231..........................................................................  Glass Products Made of Purchased
                                                                                 Glass.
3241..........................................................................  Hydraulic Cement.
3251-3259.....................................................................  Structural Clay Products.
3262-3269.....................................................................  Pottery and Related Products.
3271-3275.....................................................................  Concrete, Gypsum and Plaster
                                                                                 Products.
3295..........................................................................  Minerals and Earth's, Ground, or
                                                                                 Otherwise Treated.
3297..........................................................................  Non-Clay Refractories.
----------------------------------------------------------------------------------------------------------------
                                            Sector F: Primary Metals
----------------------------------------------------------------------------------------------------------------
3312-3317.....................................................................  Steel Works, Blast Furnaces, and
                                                                                 Rolling and Finishing Mills.
3321-3325.....................................................................  Iron and Steel Foundries.
3331-3339.....................................................................  Primary Smelting and Refining of
                                                                                 Nonferrous Metals.
3341..........................................................................  Secondary Smelting and Refining
                                                                                 of Nonferrous Metals.
3351-3357.....................................................................  Rolling, Drawing, and Extruding
                                                                                 of Nonferrous Metals.
3363-3369.....................................................................  Nonferrous Foundries (Castings).
3398,3399.....................................................................  Miscellaneous Primary Metal
                                                                                 Products
----------------------------------------------------------------------------------------------------------------
                                Sector G: Metal Mining (Ore Mining and Dressing)
----------------------------------------------------------------------------------------------------------------
1011..........................................................................  Iron Ores.
1021..........................................................................  Copper Ores.
1031..........................................................................  Lead and Zinc Ores.
1041,1044.....................................................................  Gold and Silver Ores.
1061..........................................................................  Ferroalloy Ores, Except
                                                                                 Vanadium.
1081..........................................................................  Metal Mining Services.
1094,1099.....................................................................  Miscellaneous Metal Ores.
----------------------------------------------------------------------------------------------------------------
                             Sector H: Coal Mines and Coal Mining Related Facilities
----------------------------------------------------------------------------------------------------------------
 1221-1241....................................................................  Coal Mines and Coal Mining-
                                                                                 Related Facilities.
----------------------------------------------------------------------------------------------------------------
                                        Sector I: Oil and Gas Extraction
----------------------------------------------------------------------------------------------------------------
1311..........................................................................  Crude Petroleum and Natural Gas.
1321..........................................................................  Natural Gas Liquids.
1381-1389.....................................................................  Oil and Gas Field Services.
2911..........................................................................  Petroleum Refineries.
----------------------------------------------------------------------------------------------------------------
                                      Sector J: Mineral Mining and Dressing
----------------------------------------------------------------------------------------------------------------
1411..........................................................................  Dimension Stone.
1422-1429.....................................................................  Crushed and Broken Stone,
                                                                                 Including Rip Rap.
1442,1446.....................................................................  Sand and Gravel.
1455,1459.....................................................................  Clay, Ceramic, and Refractory
                                                                                 Materials.
1474-1479.....................................................................  Chemical and Fertilizer Mineral
                                                                                 Mining.
1481..........................................................................  Nonmetallic Minerals Services,
                                                                                 Except Fuels.
1499..........................................................................  Miscellaneous Nonmetallic
                                                                                 Minerals, Except Fuels.
----------------------------------------------------------------------------------------------------------------
                      Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities
----------------------------------------------------------------------------------------------------------------
HZ............................................................................  Hazardous Waste Treatment
                                                                                 Storage or Disposal.
----------------------------------------------------------------------------------------------------------------
                                 Sector L: Landfills and Land Application Sites
----------------------------------------------------------------------------------------------------------------
LF............................................................................  Landfills, Land Application
                                                                                 Sites, and Open Dumps.
----------------------------------------------------------------------------------------------------------------

[[Page 17048]]

 
                                       Sector M: Automobile Salvage Yards
----------------------------------------------------------------------------------------------------------------
5015..........................................................................  Automobile Salvage Yards.
----------------------------------------------------------------------------------------------------------------
                                      Sector N: Scrap Recycling Facilities
----------------------------------------------------------------------------------------------------------------
5093..........................................................................  Scrap Recycling Facilities.
----------------------------------------------------------------------------------------------------------------
                                 Sector O: Steam Electric Generating Facilities
----------------------------------------------------------------------------------------------------------------
SE............................................................................  Steam Electric Generating
                                                                                 Facilities.
----------------------------------------------------------------------------------------------------------------
                                  Sector P: Land Transportation and Warehousing
----------------------------------------------------------------------------------------------------------------
4011, 4013....................................................................  Railroad Transportation.
4111-4173.....................................................................  Local and Highway Passenger
                                                                                 Transportation.
4212-4231.....................................................................  Motor Freight Transportation and
                                                                                 Warehousing.
4311..........................................................................  United States Postal Service.
5171..........................................................................  Petroleum Bulk Stations and
                                                                                 Terminals.
----------------------------------------------------------------------------------------------------------------
                                         Sector Q: Water Transportation
----------------------------------------------------------------------------------------------------------------
4412-4499.....................................................................  Water Transportation.
----------------------------------------------------------------------------------------------------------------
                               Sector R: Ship and Boat Building or Repairing Yards
----------------------------------------------------------------------------------------------------------------
3731, 3732....................................................................  Ship and Boat Building or
                                                                                 Repairing Yards.
----------------------------------------------------------------------------------------------------------------
                                          Sector S: AIr Transportation
----------------------------------------------------------------------------------------------------------------
4512-4581.....................................................................  Air Transportation Facilities.
----------------------------------------------------------------------------------------------------------------
                                            Sector T: Treatment Works
----------------------------------------------------------------------------------------------------------------
TW............................................................................  Treatment Works.
----------------------------------------------------------------------------------------------------------------
                                       Sector U: Food and Kindred Products
----------------------------------------------------------------------------------------------------------------
2011-2015.....................................................................  Meat Products.
2021-2026.....................................................................  Dairy Products.
2032..........................................................................  Canned, Frozen and Preserved
                                                                                 Fruits, Vegetables and Food
                                                                                 Specialties.
2041-2048.....................................................................  Grain Mill Products.
2051-2053.....................................................................  Bakery Products.
2061-2068.....................................................................  Sugar and Confectionery
                                                                                 Products.
2074-2079.....................................................................  Fats and Oils.
2082-2087.....................................................................  Beverages.
2091-2099.....................................................................  Miscellaneous Food Preparations
                                                                                 and Kindred Products.
2111-2141.....................................................................  Tobacco Products.
----------------------------------------------------------------------------------------------------------------
     Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products
----------------------------------------------------------------------------------------------------------------
2211-2299.....................................................................  Textile Mill Products.
2311-2399.....................................................................  Apparel and Other Finished
                                                                                 Products Made From Fabrics and
                                                                                 Similar Materials.
3131-3199 (except 3111).......................................................  Leather and Leather Products,
                                                                                 except Leather Tanning and
                                                                                 Finishing (see Sector Z).
----------------------------------------------------------------------------------------------------------------
                                        Sector W: Furniture and Fixtures
----------------------------------------------------------------------------------------------------------------
2434..........................................................................  Wood Kitchen Cabinets
2511-2599.....................................................................  Furniture and Fixtures.
----------------------------------------------------------------------------------------------------------------
                                        Sector X: Printing and Publishing
----------------------------------------------------------------------------------------------------------------
2711-2796.....................................................................  Printing, Publishing, and Allied
                                                                                 Industries.
----------------------------------------------------------------------------------------------------------------
          Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
----------------------------------------------------------------------------------------------------------------
3011..........................................................................  Tires and Inner Tubes.
3021..........................................................................  Rubber and Plastics Footwear.
3052, 3053....................................................................  Gaskets, Packing, and Sealing
                                                                                 Devices and Rubber and Plastics
                                                                                 Hose and Belting.
3061, 3069....................................................................  Fabricated Rubber Products, Not
                                                                                 Elsewhere Classified.
3081-3089.....................................................................  Miscellaneous Plastics Products.
3931..........................................................................  Musical Instruments.
3942-3949.....................................................................  Dolls, Toys, Games and Sporting
                                                                                 and Athletic Goods.

[[Page 17049]]

 
3951-3955 (except 3952 facilities as specified in Sector C)...................  Pens, Pencils, and Other
                                                                                 Artists' Materials.
3961, 3965....................................................................  Costume Jewelry, Costume
                                                                                 Novelties, Buttons, and
                                                                                 Miscellaneous Notions, Except
                                                                                 Precious Metal.
3991-3999.....................................................................  Miscellaneous Manufacturing
                                                                                 Industries.
----------------------------------------------------------------------------------------------------------------
                                     Sector Z: Leather Tanning and Finishing
----------------------------------------------------------------------------------------------------------------
3111..........................................................................  Leather Tanning and Finishing.
----------------------------------------------------------------------------------------------------------------
                                      Sector AA: Fabricated Metal Products
----------------------------------------------------------------------------------------------------------------
3411-3499.....................................................................  Fabricated Metal Products,
                                                                                 Except Machinery and
                                                                                 Transportation Equipment.
3911-3915.....................................................................  Jewelry, Silverware, and Plated
                                                                                 Ware.
----------------------------------------------------------------------------------------------------------------
                     Sector AB: Transportation Equipment, Industrial or Commercial Machinery
----------------------------------------------------------------------------------------------------------------
3511-3599 (except 3571-3579)..................................................  Industrial and Commercial
                                                                                 Machinery (except Computer and
                                                                                 Office Equipment) (see Sector
                                                                                 AC).
3711-3799 (except 3731, 3732).................................................  Transportation Equipment (except
                                                                                 Ship and Boat Building and
                                                                                 Repairing) (see Sector R).
----------------------------------------------------------------------------------------------------------------
                       Sector AC: Electronic, Electrical, Photographic, And Optical Goods
----------------------------------------------------------------------------------------------------------------
3571-3579.....................................................................  Computer and Office Equipment.
3612-3699.....................................................................  Electronic, Electrical Equipment
                                                                                 and Components, except Computer
                                                                                 Equipment.
3812..........................................................................  Measuring, Analyzing and
                                                                                 Controlling Instrument;
                                                                                 Photographic and Optical Goods.
----------------------------------------------------------------------------------------------------------------
                                      Sector AD: Non-Classified Facilities
----------------------------------------------------------------------------------------------------------------
N/A...........................................................................  Other storm water discharges
                                                                                 designated by the Director as
                                                                                 needing a permit (see 40 CFR
                                                                                 122.26(g)(1)(I)) or any
                                                                                 facility discharging storm
                                                                                 water associated with
                                                                                 industrial activity not
                                                                                 described by any of Sectors A-
                                                                                 AC. NOTE: Facilities may not
                                                                                 elect to be covered under
                                                                                 Sector AD. Only the Director
                                                                                 may assign a facility to Sector
                                                                                 AD.
----------------------------------------------------------------------------------------------------------------
\1\ A complete list of SIC codes (and conversions from the newer North American Industry Classification System''
  (NAICS)) can be obtained from the Internet at www.census.gov/epcd/www/naics.html or in paper form from various
  locations in the document entitled ``Handbook of Standard Industrial Classifications,'' Office of Management
  and Budget, 1987. Industrial activity codes are provided on the Multi-Sector General Permit Notice of Intent
  (NOI) application form (EPA Form Number xxxxx).

    1.2.1.1  Co-located Activities. If you have co-located 
industrial activities on-site that are described in a sector(s) 
other than your primary sector, you must comply with all other 
applicable sector-specific conditions found in Part 6 for the co-
located industrial activities. The extra sector-specific 
requirements are applied only to those areas of your facility where 
the extra-sector activities occur. An activity at a facility is not 
considered co-located if the activity, when considered separately, 
does not meet the description of a category of industrial activity 
covered by the storm water regulations, and identified by the MSGP-
2000 SIC code list. For example, unless you are actually hauling 
substantial amounts of freight or materials with your own truck 
fleet or are providing a trucking service to outsiders, simple 
maintenance of vehicles used at your facility is unlikely to meet 
the SIC code group 42 description of a motor freight transportation 
facility. Even though Sector P may not apply, the runoff from your 
vehicle maintenance facility would likely still be considered storm 
water associated with industrial activity. As such, your SWPPP must 
still address the runoff from the vehicle maintenance facility--
although not necessarily with the same degree of detail as required 
by Sector P--but you would not be required to monitor as per Sector 
P.
    If runoff from co-located activities commingle, you must monitor 
the discharge as per the requirements of all applicable sectors 
(regardless of the actual location of the discharge). If you comply 
with all applicable requirements from all applicable sections of 
Part 6 for the co-located industrial activities, the discharges from 
these co-located activities are authorized by this permit.

1.2.2  Discharges Covered

    1.2.2.1  Allowable Storm Water Discharges. Subject to compliance 
with the terms and conditions of this permit, you are authorized to 
discharge pollutants in:
    1.2.2.1.1  Discharges of storm water runoff associated with 
industrial activities as defined in 40 CFR 122.26 (b)(14)((i)-(ix) 
and (xi)) from the sectors of industry described in Table 1-1, and 
that are specifically identified by outfall or discharge location in 
the pollution prevention plan (see Part 4.2.2.3.7);
    1.2.2.1.2  Non-storm water discharges as noted in Part 1.2.2.2 
or otherwise specifically allowed by the permit;
    1.2.2.1.3  Discharges subject to an effluent guideline listed in 
Table 1-2 that also meet all other eligibility requirements of the 
permit. Discharges subject to a New Source Performance Standard 
(NSPS) effluent guideline must also meet the requirements of Part 
1.2.4;
    1.2.2.1.4  Discharges designated by the Director as needing a 
storm water permit under 40 CFR 122.26(a)(1)(v) or under 
122.26(a)(9) and 122.26(g)(1)(i); and
    1.2.2.1.5  Discharges comprised of a discharge listed in Parts 
1.2.2.1.1 to 1.2.2.1.4 above commingled with a discharge authorized 
by a different NPDES permit. Also authorized are discharges not 
needing authorization by an NPDES permit commingled with discharges 
authorized by this permit.

[[Page 17050]]



        Table 1-2.--Effluent Guidelines Applicable to Discharges That May Be Eligible for Permit Coverage
----------------------------------------------------------------------------------------------------------------
                 Effluent guideline                            New source \1\                  Sectors \2\
----------------------------------------------------------------------------------------------------------------
Runoff from material storage piles at cement         Yes...............................  E
 manufacturing facilities [40 CFR Part 411, Subpart
 C (established February 23, 1977)].
Contaminated runoff from phosphate fertilizer        Yes...............................  C
 manufacturing facilities [40 CFR Part 418, Subpart
 A (established April 8, 1974)].
Coal pile runoff at steam electric generating        Yes...............................  O
 facilities [40 CFR Part 423 (established November
 19, 1982)].
Discharges resulting from spray down or intentional  Yes...............................  A
 wetting of logs at wet deck storage areas [40 CFR
 Part 429, Subpart I (established January 26,
 1981)].
Mine dewatering discharges at crushed stone mines    No................................  J
 [40 CFR Part 436, Subpart B].
Mine dewatering discharges at construction sand and  No................................  J
 gravel mines [40 CFR Part 436, Subpart C].
Mine dewatering discharges at industrial sand mines  No................................  J
 [40 CFR Part 436, Subpart D].
Runoff from asphalt emulsion facilities [40 CFR      Yes...............................  D
 Part 443, Subpart A (established July 24, 1975)]..
Runoff from landfills [40 CFR Part 445, Subpart A    Yes...............................  K & L
 and B (established February 2, 2000.)].
----------------------------------------------------------------------------------------------------------------
\1\ New Source Performance Standards Included in Effluent Guidelines?
\2\ Sectors with Affected Facilities.

    1.2.2.2  Allowable Non-Storm Water Discharges. You are also 
authorized for the following non-storm water discharges, provided 
the non-storm water component of your discharge is in compliance 
with Part 4.4.2 (non-storm water discharges):
    1.2.2.2.1  Discharges from fire fighting activities;
    1.2.2.2.2  Fire hydrant flushings;
    1.2.2.2.3  Potable water including drinking fountain water and 
water line flushings;
    1.2.2.2.4  Uncontaminated air conditioning or compressor 
condensate;
    1.2.2.2.5  Irrigation drainage;
    1.2.2.2.6  Landscape watering provided all pesticides, 
herbicides, and fertilizer have been applied in accordance with 
manufacturer's instructions;
    1.2.2.2.7  Pavement wash waters where no detergents are used and 
no spills or leaks of toxic or hazardous materials have occurred 
(unless all spilled material has been removed);
    1.2.2.2.8  Routine external building wash down which does not 
use detergents;
    1.2.2.2.11  Uncontaminated ground water or spring water;
    1.2.2.2.12  Foundation or footing drains where flows are not 
contaminated with process materials such as solvents;
    1.2.2.2.13  Incidental windblown mist from cooling towers that 
collects on rooftops or adjacent portions of your facility, but NOT 
intentional discharges from the cooling tower (e.g., ``piped'' 
cooling tower blowdown or drains).

1.2.3  Limitations on Coverage

    1.2.3.1  Prohibition on Discharges Mixed with Non-Storm Water. 
You are not authorized for discharges that are mixed with sources of 
non-storm water. This exclusion does not apply to discharges 
identified in Part 1.2.2.2, provided the discharges are in 
compliance with Part 4.4.2 (pollution prevention plan requirements 
for authorized non-storm water discharges), and to any discharge 
explicitly authorized by the permit.
    1.2.3.2  Storm Water Discharges Associated with Construction 
Activity. You are not authorized for storm water discharges 
associated with construction activity as defined in 40 CFR 
122.26(b)(14)(x) or 40 CFR 122.26(b)(15).
    1.2.3.3  Discharges Currently or Previously Covered by Another 
Permit
    You are not authorized for the following:
    1.2.3.3.1  Storm water discharges associated with industrial 
activity that are currently covered under an individual permit or an 
alternative general permit.
    1.2.3.2  Discharges previously covered by an individual permit 
or alternative general permit (except the 1992 ``Baseline'' or the 
1995 Multi-Sector NPDES General Permits for Storm Water Discharges 
Associated With Industrial Activity) that has expired, or been 
terminated at the request of the permittee unless:
    1.2.3.3.2.1  All wastewater discharges in the individual permit 
have been eliminated and only storm water discharges and eligible 
non-storm water discharges remain (e.g., wastewater is now 
discharged to a municipal sanitary sewer); and
    1.2.3.3.2.2  The individual permit did not contain numeric water 
quality-based limitations developed for the storm water component of 
the discharge; and
    1.2.3.3.2.3  The permittee includes any specific BMPs for storm 
water required under the individual permit in the SWPPP required 
under Part 4 of this permit.
    1.2.3.3.3  Storm water discharges associated with industrial 
activity from facilities where any NPDES permit has been or is in 
the process of being denied, terminated, or revoked by the Director 
(other than in a replacement permit issuance process). Upon request, 
the Director may waive this exclusion if operator of the facility 
has since passed to a different owner/operator and new circumstances 
at the facility justify a waiver.
    1.2.3.4  Discharges Subject to Effluent Limitations Guidelines. 
You are not authorized for discharges subject to any effluent 
limitation guideline that is not included in Table 1-2. For 
discharges subject to a New Source Performance Standard (NSPS) 
effluent guideline identified in Table 1-2, you must comply with 
Part 1.2.4 prior to being eligible for permit coverage.
    1.2.3.5  Discharge Compliance with Water Quality Standards. You 
are not authorized for storm water discharges that the Director 
determines will cause, or have reasonable potential to cause or 
contribute to, violations of water quality standards. Where such 
determinations have been made, the Director may notify you that an 
individual permit application is necessary in accordance with Part 
9.12. However, the Director may authorize your coverage under this 
permit after you have included appropriate controls and 
implementation procedures designed to bring your discharges into 
compliance with water quality standards in your storm water 
pollution prevention plan.
    1.2.3.6  Endangered and Threatened Species or Critical Habitat 
Protection. You are not authorized for discharges that do not avoid 
unacceptable effects on Federally listed endangered and threatened 
(``listed'') species or designated critical habitat (``critical 
habitat'')

[Note: This Section Is Likely to Change as a Result of Consultations 
Under the Endangered Species Act On Issuance of The Permit.]

    CAUTION: Additional endangered and threatened species have been 
listed and critical habit designated since the 1995 MSGP was issued. 
Even if you were previously covered by the 1995 MSGP, you must 
determine eligibility for this permit through the processes 
described below and in Addendum A. Where applicable, you may 
incorporate information from your previous endangered species 
analysis in your documentation of eligibility for this permit.
    1.2.3.6.1  Coverage under this permit is available only if your 
storm water discharges, allowable non-storm water discharges, and 
discharge-related activities avoid unacceptable effects on Federally 
listed endangered and threatened (``listed'') species or designated 
critical habitat (``critical habitat''). Submission of a signed NOI 
will be deemed to also constitute your certification of eligibility.
    1.2.3.6.2  ``Discharge-related activities'' include: activities 
which cause, contribute to, or result in storm water point source 
pollutant discharges; and measures to control storm water discharges 
including the siting, construction and operation of best management 
practices (BMPs) to control, reduce or prevent storm water 
pollution.
    1.2.3.6.3  Determining Eligibility: You must use the most recent 
Endangered and Threatened Species County-Species List available from 
EPA and the process in Addendum A (ESA Screening Process) to 
determine your eligibility PRIOR to submittal

[[Page 17051]]

of your NOI. As of the effective date of this permit, the most 
current version of the List is located on the EPA Office of Water 
Web site at www.epa.gov/owm/esalst2.htm. You must meet one or more 
of the criteria in 1.2.3.6.3.1 through 1.2.3.6.3.5 below for the 
entire term of coverage under the permit. You must include a 
certification of eligibility and supporting documentation on the 
eligibility determination in your pollution prevention plan.
    1.2.3.6.3.1  Criteria A:  No endangered or threatened species or 
critical habitat are in proximity to your facility or the point 
where authorized discharges reach the receiving water; or
    1.3.6.3.2  Criteria B:  In the course of a separate federal 
action involving your facility (e.g., EPA processing request for an 
individual NPDES permit, issuance of a CWA Section 404 wetlands 
dredge and fill permit, etc.), formal or informal consultation with 
the Fish and Wildlife Service and/or the National Marine Fisheries 
Service (the ``Services'') under section 7 of the Endangered Species 
Act (ESA) has been concluded and that consultation:
    (a) Addressed the effects of your storm water discharges, 
allowable non-storm water discharges, and discharge-related 
activities on listed species and critical habitat and
    (b) The consultation resulted in either a no jeopardy opinion or 
a written concurrence by the Service on a finding that your storm 
water discharges, allowable non-storm water discharges, and 
discharge-related activities are not likely to adversely affect 
listed species or critical habitat; or
    1.2.3.6.3.3  Criteria C:  Your activities are authorized under 
section 10 of the ESA and that authorization addresses the effects 
of your storm water discharges, allowable non-storm water 
discharges, and discharge-related activities on listed species and 
critical habitat; or
    1.2.3.6.3.4  Criteria D:  Using due diligence, you have 
evaluated the effects of your storm water discharges, allowable non-
storm water discharges, and discharge-related activities on listed 
endangered or threatened species and critical habitat and do not 
have reason to believe listed species or critical habitat would be 
adversely affected.
    1.2.3.6.3.5  Criteria E:  Your storm water discharges, allowable 
non-storm water discharges, and discharge-related activities were 
already addressed in another operator's certification of eligibility 
under Part 1.2.3.6.3.1 through 1.2.3.6.3.4 which included your 
facility's activities. By certifying eligibility under this Part, 
you agree to comply with any measures or controls upon which the 
other operator's certification was based;
    1.2.3.6.4  The Director may require any permittee or applicant 
to provide documentation of the permittee or applicant's 
determination of eligibility for this permit using the procedures in 
Addendum A where EPA or the Fish and Wildlife and/or National Marine 
Fisheries Services determine that there is a potential impact on 
endangered or threatened species or a critical habitat.
    1.2.3.6.5  You are not authorized to discharge if the discharges 
or discharge-related activities cause a prohibited ``take'' of 
endangered or threatened species (as defined under section 3 of the 
Endangered Species Act and 50 CFR 17.3), unless such takes are 
authorized under sections 7 or 10 of the Endangered Species Act.
    1.2.3.6.6  You are not authorized for any discharges where the 
discharges or discharge-related activities are likely to jeopardize 
the continued existence of any species that are listed as endangered 
or threatened under the ESA or result in the adverse modification or 
destruction of habitat that is designated or proposed to be 
designated as critical under the ESA.
    1.2.3.6.7  The Endangered Species Act (ESA) provisions upon 
which part 1.2.3.7 is based do not apply to state-issued permits. 
Should administration of all or a portion of this permit be transfer 
to a State as a result of that State assuming the NPDES program 
pursuant to Clean Water Act section 402(b), Part 1.2.3.6 will not 
apply to any new NOIs submitted to the State after the State assumes 
administration of the permit (unless otherwise provided in the state 
program authorization agreement). Likewise, any other permit 
conditions based on Part 1.2.3.6 will no longer apply to new NOIs 
accepted by the NPDES-authorized state.
    1.2.3.7  Storm water Discharges and Storm Water Discharge-
Related Activities with Unconsidered Adverse Effects on Historic 
Properties.
    [Note: This Section Is Likely to Change as a Result of 
Consultations Under the National Historic Preservation Act.]
    1.2.3.7.1  Determining Eligibility: In order to be eligible for 
coverage under this permit, you must be in compliance with the 
National Historic Preservation Act. Your discharges may be 
authorized under this permit only if:
    1.2.3.7.1.1  Criteria A: your storm water discharges, allowable 
non-storm water discharges, and discharge-related activities do not 
affect a property that is listed or is eligible for listing on the 
National Register of Historic Places as maintained by the Secretary 
of the Interior; or
    1.2.3.7.1.2  Criteria B: you have obtained and are in compliance 
with a written agreement with the State Historic Preservation 
Officer (SHPO) or Tribal Historic Preservation Officer (THPO) that 
outlines all measures you will undertake to mitigate or prevent 
adverse effect to the historic property.
    1.2.3.7.2  Addendum B of this permit provides guidance and 
references to assist you with determining your permit eligibility 
concerning this provision.
    1.2.3.7.3  The National Historic Preservation Act (NHPA) 
provisions upon which the provisions in Part 1.2.3.7 are based do 
not apply to state-issued permits. Should administration of all or a 
portion of this permit be transferred to a State as a result of that 
State assuming the NPDES program pursuant to Clean Water Act 
Sec. 402(b), Part 1.2.3.7 will not apply to any new NOIs submitted 
to the State after the State assumes administration of the permit 
(unless otherwise provided in the state program authorization 
agreement). Likewise, any other permit conditions based on Part 
1.2.3.7 will no longer apply to new NOIs accepted by the NPDES-
authorized state.
    1.2.3.8  Discharges to Water Quality-Impaired or Water Quality-
Limited Receiving Waters.
    1.2.3.8.1  You are not authorized for new discharges to waters 
identified by the State under section 303(d) of the Clean Water Act 
as not meeting applicable water quality standards (a ``303(d) 
waterbody''), except as provided under 40 CFR 122.4(i). This 
provision applies only to discharges containing the pollutant(s) for 
which the waterbody is impaired. State 303(d) waterbody lists can be 
obtained from the appropriate State environmental office or their 
Internet sites. You are a new discharger if your facility started 
discharging after August 13, 1979 and your storm water was not 
previously permitted (see 40 CFR 122.2 for full regulatory 
definition of ``New Discharger'').
    1.2.3.8.2  You are not authorized to discharge any pollutant 
into any water for which a Total Maximum Daily Load (TMDL) has been 
either established or approved by the EPA unless your discharge is 
consistent with that TMDL.
    1.2.3.9  Storm Water Discharges Subject to Anti-degradation 
Water Quality Standards. You are not authorized for discharges that 
do not comply with your State's anti-degradation policy for water 
quality standards. State anti-degradation policies can be obtained 
from the appropriate State environmental office or their Internet 
sites.
    1.2.3.10  Dischargers Notified of Permit In-eligibility. Unless 
otherwise specified by the Director, you are not authorized for 
discharges after you have been notified that you do not meet the 
eligibility conditions of this permit.

1.2.4  Discharges Subject to New Source Performance Standards 
(NSPS).\10\ \11\
---------------------------------------------------------------------------

    \10\ NSPS apply only to discharges from those facilities or 
installations that were constructed after the promulgation of NSPS. 
For example, storm water discharges from areas where the production 
of asphalt paving and roofing emulsions occurs are subject to NSPS 
only if the asphalt emulsion facility was constructed after July 24, 
1975.
    \11\ The provisions specified in Part 1.2.2.3 and Part 1.2.4 
related to documenting New Source reviews are requirements of 
Federal programs under the National Environmental Policy Act of 1969 
and will not apply to such facilities in the event that authority 
for the NPDES program has been assumed by the State/Tribe agency and 
administration of this permit has been transferred to the State 
Tribe.
---------------------------------------------------------------------------

    1.2.4.1  Documentation of New Source Review. If you have a 
discharge(s) subject to a NSPS effluent guideline, you must obtain 
and retain the following on site prior to the submittal of your 
Notice of Intent:
    1.2.4.1.1  Documentation from EPA of ``No Significant Impact'' 
or
    1.2.4.1.2  A completed Environmental Impact Statement in 
accordance with an environmental review conducted by EPA pursuant to 
40 CFR 6.102(a)(6).
    1.2.4.2  Initiating a New Source Review. If the Agency's 
decision has not been obtained, you may use the format and 
procedures specified in Addendum C to submit information to EPA to 
initiate the process of the environmental review.
    To maintain eligibility, you must implement any mitigation 
required of the

[[Page 17052]]

facility as a result of the National Environmental Policy Act (NEPA) 
review process. Failure to implement mitigation measures upon which 
the Agency's NEPA finding is based is grounds for termination of 
permit coverage.
    1.2.4.3  NEPA Requirements after State Assumption of this 
Permit. The National Environmental Policy Act (NEPA) provisions upon 
which part 1.2.4 is based do not apply to state-issued permits. 
Should administration of all or a portion of this permit be transfer 
to a State as a result of that State assuming the NPDES program 
pursuant to Clean Water Act section 402(b), Part 1.2.4 will not 
apply to any new NOIs submitted to the State after the State assumes 
administration of the permit. Likewise, any other permit conditions 
based on Part 1.2.4 will no longer apply to new NOIs accepted by the 
NPDES-authorized state.

1.3  How To Obtain Authorization Under This Permit

1.3.1  Basic Eligibility

    You may be authorized under this permit only if you have a 
discharge of storm water associated with industrial activity from 
your facility. In order to obtain authorization under this permit, 
you must:
    1.3.1.1  Meet the Part 1.2 eligibility requirements; and
    1.3.1.2  Develop and implement a storm water pollution 
prevention plan (SWPPP) (see definition in Part 12) according to the 
requirements in Part 4 of this permit.
    1.3.1.3  Submit a complete Notice of Intent (NOI) in accordance 
with the requirements of Part 2 of this permit. Any new operator at 
a facility, including those who replace an operator who has 
previously obtained permit coverage, must submit an NOI to be 
covered for discharges for which they are the operator.

1.3.2  Effective Date of Permit Coverage

    Unless notified by the Director to the contrary, if you submit a 
correctly completed NOI in accordance with the requirements of this 
permit, you are authorized to discharge under the terms and 
conditions of this permit two (2) days after the date that the NOI 
is postmarked (but in no event, earlier than the effective date of 
the permit). The Director may deny coverage under this permit and 
require submission of an application for an individual NPDES permit 
based on a review of your NOI or other information (see Part 9.12). 
Authorization to discharge is not automatically granted two days 
after the NOI is mailed if your NOI is materially incomplete (e.g., 
critical information left off, NOI unsigned, etc.) or if your 
discharge(s) is not eligible for coverage by the permit.

1.4  Terminating Coverage

1.4.1  Submitting a Notice of Termination

    If you wish to terminate coverage under this permit, you must 
submit a Notice of Termination (NOT) in accordance with Part 11 of 
this permit. You must continue to comply with this permit until you 
submit an NOT. Your authorization to discharge under the permit 
terminates at midnight of the day the NOT is signed.

1.4.2  When To Submit an NOT

    You must submit an NOT within thirty (30) days after one or more 
of the following conditions have been met:
    1.4.2.1  A new owner/operator has assumed responsibility for the 
facility
    1.4.2.2  You have ceased operations at the facility and there no 
longer are discharges of storm water associated with industrial 
activity from the facility

1.4.3  Discharges After the NOT Is Submitted

    Enforcement actions may be taken if you submit an NOT without 
meeting one or more of these conditions, unless you have obtained 
coverage under an alternate permit or have satisfied the 
requirements of Part 1.5.

1.5  Conditional Exclusion for No Exposure

    If you are covered by this permit, but later are able to file a 
``no exposure'' certification to be excluded from permitting under 
40 CFR 122.26(g), you are no longer authorized by nor required to 
comply with this permit. If you are no longer required to have 
permit coverage due to a ``no exposure'' exclusion, you are not 
required to submit a Notice of Termination.

2. Notice of Intent Requirements

2.1  Notice of Intent (NOI) Deadlines

    Your NOI must be submitted in accordance with the deadlines in 
Table 2-1. You must meet all applicable eligibility conditions of 
Part 1.2 before you submit your NOI.

                 Table 2-1.--Deadlines for NOI Submittal
------------------------------------------------------------------------
                 Category                             Deadline
------------------------------------------------------------------------
1. Existing discharges covered under the    December 29, 2000.
 1995 MSGP (see also Part 2.1.2--Interim
 Coverage).
2. New discharges.........................  Two (2) days prior to
                                             commencing operation of the
                                             facility with discharges of
                                             storm water associated with
                                             industrial activity.
3. New owner/operators of existing          Two (2) days prior to taking
 discharges.                                 operational control of the
                                             facility.
4. Continued coverage when the permit       See Part 9.2.
 expires in 2005.
------------------------------------------------------------------------

    Only one NOI need be submitted to cover all of your activities 
at the facility (e.g., you do not need to submit a separate NOI for 
each separate type of industrial activity located at a facility or 
industrial complex, provided your SWPPP covers each area for which 
you are an operator).

2.1.1  Submitting a Late NOI

    You are not prohibited from submitting an NOI after the dates 
provided in Table 2-1. If a late NOI is submitted, your 
authorization is only for discharges that occur after permit 
coverage is granted. The Agency reserves the right to take 
appropriate enforcement actions for any unpermitted discharges.

2.1.2  Interim Permit Coverage for 1995 MSGP Permittees

    If you had coverage for your facility under the 1995 MSGP, you 
may be eligible for continued coverage under this permit on an 
interim basis.
    2.1.2.1  Discharges Authorized Under the 1995 MSGP. If permit 
coverage for your facility under the 1995 MSGP was effective as of 
the date the 1995 MSGP expired (or the date this permit replaced the 
1995 MSGP if earlier), your authorization is automatically continued 
into this replacement permit on an interim basis for up to ninety 
(90) days from the effective date of the permit. Interim coverage 
will terminate earlier than the 90 days contingent on: an NOI 
submitted and coverage either granted or denied; or after submittal 
of an NOI.
    2.1.2.2  Discharges Authorized Under the 1995 MSGP, But Not 
Clearly Eligible for Coverage Under This Permit. If you were 
previously covered by the 1995 MSGP, but cannot meet (or cannot 
immediately determine if you meet) the eligibility requirements of 
this permit, you may nonetheless be authorized under this permit for 
a period not to exceed 270 days from the date this permit is 
published in the Federal Register, provided you submit an 
application for an alternative permit within 90 days from the permit 
publication date.
    2.1.2.3  Interim Coverage Permit Requirements. While you are 
operating under interim coverage status , you must:
    2.1.2.3.1  Submit a complete NOI (see Part 2.2) by the deadlines 
listed in Table 2-1 or Part 2.1.2.2 above.
    2.1.2.3.2  Comply with the terms and conditions of the 1995 
MSGP.
    2.1.2.3.3  Update your storm water pollution prevention plan to 
comply with the requirements of this permit within 90 days after the 
effective date of this permit.

2.2  Contents of Notice of Intent (NOI)

    Your NOI for coverage under this permit must include the 
following information:

2.2.1  Owner/Operator Information

    2.2.1.1  The name, address, and telephone number of the operator 
(e.g., your company, etc.) filing the NOI for permit coverage;
    2.2.1.2  an indication of whether you are a Federal, State, 
Tribal, private, or other public entity;

2.2.2  Facility Information

    2.2.2.1  The name (or other identifier), address, county, and 
latitude/longitude of the facility for which the NOI is submitted;
    2.2.2.2  An indication of whether the facility is located on 
Indian Country lands;
    2.2.2.3  Certification that a storm water pollution prevention 
plan (SWPPP) meeting the requirements of Part 4 has been developed 
(including attaching a copy of this permit to the plan;
    2.2.2.4  The name of the receiving water(s);

[[Page 17053]]

    2.2.2.5  The name of the municipal operator if the discharge is 
through a municipal separate storm sewer system;
    2.2.2.6  Identification of applicable sector(s) in this permit, 
as designated in Table 1-1, that cover the discharges associated 
with industrial activity you wish to cover under this permit;
    2.2.2.7  Up to four 4-digit Standard Industrial Classification 
(SIC) codes or the 2-letter Activity Codes for hazardous waste 
treatment, storage, or disposal activities (HZ); land/disposal 
facilities that receive or have received any industrial waste (LF); 
steam electric power generating facilities (SE); or treatment works 
treating domestic sewage (TW) that best represent the principal 
products produced or services rendered by your facility and major 
co-located activities;
    2.2.2.8  The permit number of the permit for which you are 
filing the NOI. Your facility must be located within the area of 
coverage for that permit. (e.g., a facility located on Navajo 
Reservation lands in New Mexico would be filing for coverage under 
the AZR05*##I permit, a private contractor operating a federal 
facility in Colorado that is not located on Indian Country lands 
would be filing for coverage under the COR05*##F permit). See Part 
1.1 for the coverage areas of the various permits.

2.2.3  Eligibility Screening

    2.2.3.1  Based on the instructions in Addendum A, whether any 
listed or proposed threatened or endangered species, or designated 
critical habitat, are in proximity to the storm water discharges or 
storm water discharge-related activities to be covered by this 
permit;
    2.2.3.2  Under which Part(s) of Part 1.2.3.6 (Endangered 
Species) you are certifying eligibility and whether the USFWS or 
NMFS was involved in making the determination of eligibility;
    2.2.3.3  Whether any historic property listed or eligible for 
listing on the National Register of Historic Places is located on 
the facility or in proximity to the discharge;
    2.2.3.4  Under which Part(s) of Part 1.2.3.7 (Historic 
Properties) you are certifying eligibility and whether the SHPO or 
THPO was involved in making the determination of eligibility;
    2.2.3.5  A signed and dated certification, signed by a 
authorized representative of your facility as detailed in Part 9.7 
that certifies the following:
    I certify under penalty of law that I have read and understand 
the Part 1.2 eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements 
relating to the protection of endangered or threatened species or 
critical habitat. To the best of my knowledge, the storm water and 
allowable non-storm discharges authorized by this permit (and 
discharged related activities), are not likely and will not likely, 
adversely affect endangered or threatened species or critical 
habitat, or are otherwise eligible for coverage under Part 1.2.3.6 
of the permit. To the best of my knowledge, I further certify that 
such discharges and discharge related activities do not have an 
effect on properties listed or eligible for listing on the National 
Register or Historic Places under the National Historic Preservation 
Act, or are otherwise eligible for coverage under Part 1.2.3.7 of 
the permit. I understand that continued coverage under the multi-
sector storm water general permit is contingent upon maintaining 
eligibility as provided for in Part 1.2''

2.3  Use of NOI Form

    You must submit the information required under Part 2.2 on the 
latest version of the NOI form (or photocopy thereof) contained in 
Addendum D. Your NOI must be signed and dated in accordance with 
Part 7.7 of this permit.

    Note: If EPA notifies dischargers (either directly, by public 
notice, or by making information available on the Internet) of other 
NOI form options that become available at a later date (e.g., 
electronic submission of forms), you may take advantage of those 
options to satisfy the NOI use and submittal requirements of Part 2.

2.4  Where To Submit

    Your NOI must be signed in accordance with Part 9.7 of this 
permit and submitted to the Director of the NPDES Permitting Program 
at the following address: Storm Water Notice of Intent (4203), US 
EPA 401 M. Street, SW, Washington, D.C. 20460.

2.5  Additional Notification

    If your facility discharges through a large or medium municipal 
separate storm sewer system (MS4), or into a MS4 that has been 
designated by the permitting authority, you must also submit a 
signed copy of the NOI to the operator of that MS4 upon request by 
the MS4 operator.

3. Special Conditions

3.1  Hazardous Substances or Oil

    You must prevent or minimize the discharge of hazardous 
substances or oil in your discharge(s) in accordance with the storm 
water pollution prevention plan for your facility. This permit does 
not relieve you of the reporting requirements of 40 CFR part 110, 40 
CFR part 117 and 40 CFR part 302 relating to spills or other 
releases of oils or hazardous substances.
    Where a release containing a hazardous substance or oil in an 
amount equal to or in excess of a reportable quantity established 
under either 40 CFR part 110, 40 CFR part 117 or 40 CFR part 302, 
occurs during a 24 hour period:
    3.1.1  You must notify the National Response Center (NRC) (800-
424-8802; in the Washington, DC, metropolitan area call 202-426-
2675) in accordance with the requirements of 40 CFR part 110, 40 CFR 
part 117 and 40 CFR part 302 as soon as he or she has knowledge of 
the discharge;
    3.1.2  You must modify your storm water pollution prevention 
plan required under Part 4 within 14 calendar days of knowledge of 
the release to: Provide a description of the release, the 
circumstances leading to the release, and the date of the release. 
In addition, you must review your plan to identify measures to 
prevent the reoccurrence of such releases and to respond to such 
releases, and you must modify your plan where appropriate.

3.2  Additional Requirements for Salt Storage

    If you have storage piles of salt used for deicing or other 
commercial or industrial purposes and those piles generate a storm 
water discharge associated with industrial activity, they must be 
enclosed or covered to prevent exposure to precipitation (except for 
exposure resulting from adding or removing materials from the pile). 
Piles do not need to be enclosed or covered where storm water from 
the pile is not discharged to waters of the United States or the 
discharges from the piles are authorized under another permit.

3.3  Discharge Compliance With Water Quality Standards

    Your discharges must not be causing or have the reasonable 
potential to cause or contribute to a violation of a water quality 
standard. Where a discharge is already authorized under this permit 
and is later determined to cause or have the reasonable potential to 
cause or contribute to the violation of an applicable water quality 
standard, the Director will notify you of such violation(s). You 
must take all necessary actions to ensure future discharges do not 
cause or contribute to the violation of a water quality standard and 
document these actions in the storm water pollution prevention plan. 
If violations remain or re-occur, then coverage under this permit 
may be terminated by the Director, and an alternative general permit 
or individual permit may be issued. Compliance with this requirement 
does not preclude any enforcement activity as provided by the Clean 
Water Act for the underlying violation.

4.  Storm Water Pollution Prevention Plans

4.1  Storm Water Pollution Prevention Plan Requirements

    You must prepare a storm water pollution prevention plan (SWPPP) 
for your facility before submitting your Notice of Intent for permit 
coverage. Your SWPPP must be prepared in accordance with good 
engineering practices. Use of a registered professional engineer for 
SWPPP preparation is not required by the permit, but may be 
independently required under state law and/or local ordinance. Your 
SWPPP must:
    4.1.1  Identify potential sources of pollution which may 
reasonably be expected to affect the quality of storm water 
discharges from your facility;
    4.1.2  Describe and ensure implementation of practices which you 
will use to reduce the pollutants in storm water discharges from the 
facility; and
    4.1.3  Assure compliance with the terms and conditions of this 
permit.

4.2  Contents of Plan

4.2.1  Pollution Prevention Team

    You must identify the staff individual(s) (by name or title) 
that comprise the facility's storm water Pollution Prevention Team. 
Your Pollution Prevention Team is responsible for assisting the 
facility/plant manager in developing, implementing, maintaining and 
revising the facility's SWPPP. Responsibilities of each staff 
individual on the team must be listed.

[[Page 17054]]

4.2.2  Site Description

    Your SWPPP must include the following:
    4.2.2.1  Activities at Facility. description of the nature of 
the industrial activity(ies) at your facility;
    4.2.2.2  General Location Map. a general location map (e.g., 
U.S.G.S. quadrangle, or other map) with enough detail to identify 
the location of your facility and the receiving waters within one 
mile of the facility;
    4.2.2.3  A legible site map identifying the following:
    4.2.2.3.1  Directions of storm water flow (e.g, use arrows to 
show which ways storm water will flow);
    4.2.2.3.2  Locations of all existing structural BMPs
    4.2.2.3.3  Locations of all surface water bodies
    4.2.2.3.4  Locations of potential pollutant sources identified 
under 4.2.4 and where significant materials are exposed to 
precipitation;
    4.2.2.3.5  Locations where major spills or leaks identified 
under 4.2.5 have occurred;
    4.2.2.3.6  Locations of the following activities where such 
activities are exposed to precipitation: fueling stations, vehicle 
and equipment maintenance and/or cleaning areas, loading/unloading 
areas, locations used for the treatment, storage or disposal of 
wastes, and liquid storage tanks;
    4.2.2.3.7  Locations of storm water outfalls and an approximate 
outline of the area draining to each outfall;
    4.2.2.3.8  Location and description of non-storm water 
discharges;
    4.2.2.3.9  Locations of the following activities where such 
activities are exposed to precipitation: processing and storage 
areas; access roads, rail cars and tracks; the location of transfer 
of substance in bulk; and machinery;
    4.2.2.3.10  Location and source of runoff from adjacent property 
containing significant quantities of pollutants of concern to the 
facility (an evaluation of how the quality of the runoff impacts 
your storm water discharges may be included).

4.2.3  Receiving Waters and Wetlands

    You must provide the name of the nearest receiving water(s), 
including intermittent streams, dry sloughs, arroyos and the areal 
extent and description of wetland or other ``special aquatic sites'' 
(see Part 12 for definition) that may receive discharges from your 
facility;

4.2.4  Summary of Potential Pollutant Sources

    You must identify each separate area at your facility where 
industrial materials or activities are exposed to storm water. 
Industrial materials or activities include, but are not limited to, 
material handling equipment or activities, industrial machinery, raw 
materials, intermediate products, by-products, final products, or 
waste products. Material handling activities include the storage, 
loading and unloading, transportation, or conveyance of any raw 
material, intermediate product, final product or waste product. For 
each, separate area identified, the description must include:
    4.2.4.1  Activities in Area. A list of the activities (e.g., 
material storage, equipment fueling and cleaning, cutting steal 
beams); and
    4.2.4.2  Pollutants. A list of the associated pollutant(s) or 
pollutant parameter(s) (e.g., crankcase oil, iron, biochemical 
oxygen demand, pH, etc.) for each activity. The pollutant list must 
include all significant materials that have been handled, treated, 
stored or disposed in a manner to allow exposure to storm water 
between the time of three (3) years before being covered under this 
permit and the present.

4.2.5  Spills and Leaks

    You must clearly identify areas where potential spills and 
leaks, which can contribute pollutants to storm water discharges, 
can occur, and their accompanying drainage points. For areas that 
are exposed to precipitation or that otherwise drain to a storm 
water conveyance at the facility to be covered under this permit, 
you must provide a list of significant spills and leaks of toxic or 
hazardous pollutants that occurred during the three (3) year period 
prior to the date of the submission of a Notice of Intent (NOI). 
Your list must be updated if significant spills or leaks occur in 
exposed areas of your facility during the time you are covered by 
the permit.
    Significant spills and leaks include, but are not limited to 
releases of oil or hazardous substances in excess of quantities that 
are reportable under CWA section 311 (see 40 CFR 110.10 and 40 CFR 
117.21) or section 102 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA). Significant spills may also 
include releases of oil or hazardous substances that are not in 
excess of reporting requirements.

4.2.6  Sampling Data

    You must provide a summary of existing storm water discharge 
sampling data taken at your facility. All storm water sampling data 
collected during the term of this permit must also be summarized and 
included in this part of the SWPPP.

4.2.7  Storm Water Controls

    4.2.7.1  Description of Existing and Planned BMPs. Describe the 
type and location of existing non-structural and structural best 
management practices (BMPs) selected for each of the areas where 
industrial materials or activities are exposed to storm water. All 
the areas identified in Part 4.2.4 should have a BMP(s) identified 
for the area's discharges. For areas where BMPs are not currently in 
place, describe appropriate BMPs that you will use to control 
pollutants in storm water discharges. Selection of BMPs should take 
into consideration:
    4.2.7.1.1  The quantity and nature of the pollutants, and their 
potential to impact the water quality of receiving waters;
    4.2.7.1.2  Opportunities to combine the dual purposes of water 
quality protection and local flood control benefits (including 
physical impacts of high flows on streams--e.g., bank erosion, 
impairment of aquatic habitat, etc.);
    4.2.7.1.3  Opportunities to offset the impact of impervious 
areas of the facility on ground water recharge and base flows in 
local streams (taking into account the potential for ground water 
contamination--See ``User's Guide to the MSGP-2000'' section on 
groundwater considerations).
    4.2.7.2  BMP Types to be Considered. The following types of 
structural, non-structural and other BMPs must be considered for 
implementation at your facility. Describe how each is, or will be, 
implemented. This requirement may have been fulfilled with the area-
specific BMPs identified under Part 4.2.7.2, in which case the 
previous description is sufficient. However, many of the following 
BMPs may be more generalized or non site-specific and therefore not 
previously considered. If you determine that any of these BMPs are 
not appropriate for your facility, you must include an explanation 
of why they are not appropriate. The BMP examples listed below are 
not intended to be an exclusive list of BMPs that you may use. You 
are encouraged to keep abreast of new BMPs or new applications of 
existing BMPs to find the most cost effective means of permit 
compliance for your facility. If BMPs are being used or planned at 
the facility which are not listed here (e.g., replacing a chemical 
with a less toxic alternative, adopting a new or innovative BMP, 
etc.), include descriptions of them in this section of the SWPPP.
    4.2.7.2.1  Non-Structural BMPs
    4.2.7.2.1.1  Good Housekeeping: You must keep all exposed areas 
of the facility in a clean, orderly manner where such exposed areas 
could contribute pollutants to storm water discharges. Common 
problem areas include: around trash containers, storage areas and 
loading docks. Measures must also include: a schedule for regular 
pickup and disposal of garbage and waste materials; routine 
inspections for leaks and conditions of drums, tanks and containers.
    4.2.7.2.1.2  Minimizing Exposure: Where practicable, industrial 
materials and activities should be protected by a storm resistant 
shelter to prevent exposure to rain, snow, snowmelt, or runoff. 
Note: Eliminating exposure at all industrial areas may make the 
facility eligible for the 40 CFR 122.26(g) ``No Exposure'' exclusion 
from needing to have a permit.
    4.2.7.2.1.3  Preventive Maintenance: You must have a preventive 
maintenance program which includes timely inspection and maintenance 
of storm water management devices, (e.g., cleaning oil/water 
separators, catch basins) as well as inspecting, testing, 
maintaining and repairing facility equipment and systems to avoid 
breakdowns or failures that may result in discharges of pollutants 
to surface waters.
    4.2.7.2.1.4  Spill Prevention and Response Procedures: You must 
describe the procedures which will be followed for cleaning up 
spills or leaks. Those procedures, and necessary spill response 
equipment, must be made available to those employees that may cause 
or detect a spill or leak. Where appropriate, you must explain 
existing or planned material handling procedures, storage 
requirements, secondary containment, and equipment (e.g., diversion 
valves), which are intended to minimize spills or leaks at the 
facility. Measures for cleaning up hazardous material spills or

[[Page 17055]]

leaks must be consistent with applicable RCRA regulations at 40 CFR 
part 264 and 40 CFR part 265.
    4.2.7.2.1.5  Routine Facility Inspections: In addition to or as 
part of the comprehensive site evaluation required under Part 4.9, 
you must have qualified facility personnel inspect all areas of the 
facility where industrial materials or activities are exposed to 
storm water. The inspections must include an evaluation of existing 
storm water BMPs. Your SWPPP must identify how often these 
inspections will be conducted. You must correct any deficiencies in 
implementation of your SWP3 you find as soon as practicable, but not 
later than within 14 days of the inspection. You must document in 
your SWPPP the results of your inspections and the corrective 
actions you took in response to any deficiencies or opportunities 
for improvement that you identify.
    4.2.7.2.1.6  Employee Training : You must describe the storm 
water employee training program for the facility. The description 
should include the topics to be covered, such as spill response, 
good housekeeping and material management practices, and must 
identify periodic dates (e.g., every 6 months during the months of 
July and January) for such training. You must provide employee 
training for all employees that work in areas where industrial 
materials or activities are exposed to storm water, and for 
employees that are responsible for implementing activities 
identified in the SWPPP (e.g., inspectors, maintenance people). The 
employee training should inform them of the components and goals of 
your SWPPP.
    4.2.7.2.2  Structural BMPs
    4.2.7.2.2.1  Sediment and Erosion Control: You must identify the 
areas at your facility which, due to topography, land disturbance 
(e.g., construction), or other factors, have a potential for 
significant soil erosion. You must describe the structural, 
vegetative, and/or stabilization BMPs that you will be implementing 
to limit erosion.
    4.2.7.2.2.2  Management of Runoff: You must describe the 
traditional storm water management practices (permanent structural 
BMPs other than those which control the generation or source(s) of 
pollutants) that currently exist or that are planned for your 
facility. These types of BMPs typically are used to divert, 
infiltrate, reuse, or otherwise reduce pollutants in storm water 
discharges from the site. All BMPs that you determine are reasonable 
and appropriate, or are required by a State or local authority; or 
are necessary to maintain eligibility for the permit (see Part 
1.2.3--Limitations on Coverage) must be implemented and maintained. 
Factors to consider when you are selecting appropriate BMPs should 
include: (1) The industrial materials and activities that are 
exposed to storm water, and the associated pollutant potential of 
those materials and activities; and (2) the beneficial and potential 
detrimental effects on surface water quality, ground water quality, 
receiving water base flow (dry weather stream flow), and physical 
integrity of receiving waters. [See ``User's Guide to the MSGP-
2000'' for Considerations in Selection of BMPs]. Structural measures 
should be placed on upland soils, avoiding wetlands and floodplains, 
if possible. Structural BMPs may require a separate permit under 
section 404 of the CWA before installation begins.
    4.2.7.2.2.3  Example BMPs: BMPs you could use include but are 
not limited to: Storm water detention structures (including wet 
ponds); storm water retention structures; flow attenuation by use of 
open vegetated swales and natural depressions; infiltration of 
runoff onsite; and sequential systems (which combine several 
practices).
    4.2.7.2.3  Other Controls
    No solid materials, including floatable debris, may be 
discharged to waters of the United States, except as authorized by a 
permit issued under section 404 of the CWA. Off-site vehicle 
tracking of raw, final, or waste materials or sediments, and the 
generation of dust must be minimized. Tracking or blowing of raw, 
final, or waste materials from areas of no exposure to exposed areas 
must be minimized. Velocity dissipation devices must be placed at 
discharge locations and along the length of any outfall channel to 
provide a non-erosive flow velocity from the structure to a water 
course so that the natural physical and biological characteristics 
and functions are maintained and protected (e.g., no significant 
changes in the hydrological regime of the receiving water).

4.3  Maintenance

    All BMPs you identify in your SWPPP must be maintained in 
effective operating condition. If site inspections required by Part 
4.9 identify BMPs that are not operating effectively, maintenance 
must be performed before the next anticipated storm event, or as 
necessary to maintain the continued effectiveness of storm water 
controls. If maintenance prior to the next anticipated storm event 
is impracticable, maintenance must be scheduled and accomplished as 
soon as practicable. In the case of non-structural BMPs, the 
effectiveness of the BMP must be maintained by appropriate means 
(e.g., spill response supplies available and personnel trained, 
etc.).

4.4  Non-Storm Water Discharges

4.4.1  Certification of Non-Storm Water Discharges

    4.4.1.1  Your SWPPP must include a certification that all 
discharges (i.e., outfalls) have been tested or evaluated for the 
presence of non-storm water. The certification must be signed in 
accordance with Part 9.7 of this permit, and include:
    4.4.1.1.1  The date of any testing and/or evaluation;
    4.4.1.1.2  Identification of potential significant sources of 
non-storm water at the site;
    4.4.1.1.3  A description of the results of any test and/or 
evaluation for the presence of non-storm water discharges;
    4.4.1.1.4  A description of the evaluation criteria or testing 
method used; and
    4.4.1.1.5  A list of the outfalls or onsite drainage points that 
were directly observed during the test.
    4.4.1.2  You do not need to sign a new certification if one was 
already completed for either the 1992 baseline Industrial General 
Permit or the 1995 Multi-sector General Permit and you have no 
reason to believe conditions at the facility have changed.
    4.4.1.3  If you are unable to provide the certification required 
(testing for non-storm water discharges), you 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 must 
describe:
    4.4.1.3.1  Reason(s) why certification was not possible;
    4.4.1.3.2  The procedure of any test attempted;
    4.4.1.3.3  The results of such test or other relevant 
observations; and
    4.4.1.3.4  Potential sources of non-storm water discharges to 
the storm sewer.
    4.4.1.4  A copy of the notification must be included in the 
SWPPP at the facility. Non-storm water discharges to waters of the 
United States which are not authorized by an NPDES permit are 
unlawful, and must be terminated.

4.4.2  Allowable Non-Storm Water Discharges

    4.4.2.1  Certain sources of non-storm water are allowable under 
this permit (see 1.2.2.2--Allowable Non-Storm Water Discharges). In 
order for these discharges to be allowed, your SWPPP must include:
    4.4.2.1.1  Identification of each allowable non-storm water 
source;
    4.4.2.1.2  The location where it is likely to be discharged; and
    4.4.2.1.3  Descriptions of appropriate BMPs for each source.
    4.4.2.2  Except for flows from fire fighting activities, you 
must identify in your SWPPP all sources of allowable non-storm water 
that are discharged under the authority of this permit.
    4.4.2.3  If you include mist blown from cooling towers amongst 
your allowable non-storm water discharges, you must specifically 
evaluate the potential for the discharges to be contaminated by 
chemicals used in the cooling tower and determined that the levels 
of such chemicals in the discharges would not cause or contribute to 
a violation of an applicable water quality standard after 
implementation of the BMPs you have selected to control such 
discharges.

4.5  Documentation of Permit Eligibility Related to Endangered 
Species

    Your SWPPP must include documentation supporting your 
determination of permit eligibility with regard to Part 1.2.3.6 
(Endangered Species), including:
    4.5.1  Information on whether listed endangered or threatened 
species, or critical habitat, are found in proximity to your 
facility;
    4.5.2  Whether such species may be affected by your storm water 
discharges or storm water discharge-related activities;
    4.5.3  Results of your Addendum A endangered species screening 
determinations; and
    4.5.4  A description of measures necessary to protect listed 
endangered or threatened species, or critical habitat, including any 
terms or conditions that are imposed under the eligibility 
requirements of Part 1.2.3.6. If

[[Page 17056]]

you fail to describe and implement such measures, your discharges 
are ineligible for coverage under this permit.

4.6  Documentation of Permit Eligibility Related to Historic Places

    Your SWPPP must include documentation supporting your 
determination of permit eligibility with regard to Part 1.2.3.7 
(Historic Places), including:
    4.6.1  Information on whether your storm water discharges or 
storm water discharge-related activities would have an effect on a 
property that is listed or eligible for listing on the National 
Register of Historic Places;
    4.6.2  Where effects may occur, any written agreements you have 
made with the State Historic Preservation Officer, Tribal Historic 
Preservation Officer, or other Tribal leader to mitigate those 
effects;
    4.6.3  Results of your Addendum B historic places screening 
determinations; and
    4.6.4  Description of measures necessary to avoid or minimize 
adverse impacts on places listed, or eligible for listing, on the 
National Register of Historic Places, including any terms or 
conditions that are imposed under the eligibility requirements of 
Part 1.2.3.7 of this permit. If you fail to describe and implement 
such measures, your discharges are ineligible for coverage under 
this permit.

4.7  Copy of Permit Requirements

    You must include a copy of the permit requirements (attaching a 
copy of this permit is acceptable) in your SWPPP.

    Note: The confirmation of coverage letter you receive from the 
NOI Processing Center assigning your permit number IS NOT your 
permit--it merely acknowledges that your NOI has been accepted and 
you have been authorized to discharge subject to the terms and 
conditions of today's permit.

4.8  Applicable State, Tribal or Local Plans

    Your SWPPP must be consistent (and updated as necessary to 
remain consistent) with applicable State, Tribal and/or local storm 
water, waste disposal, sanitary sewer or septic system regulations 
to the extent these apply to your facility and are more stringent 
than the requirements of this permit.

4.9  Comprehensive Site Compliance Evaluation

4.9.1  Frequency and Inspectors

    You must conduct facility inspections at least once a year. The 
inspections must be done by qualified personnel provided by you. The 
qualified personnel you use may be either your own employees or 
outside consultants that you have hired, provided they are 
knowledgeable and possess the skills to assess conditions at your 
facility that could impact storm water quality and assess the 
effectiveness of the BMPs you have chosen to use to control the 
quality of your storm water discharges. If you decide to conduct 
more frequent inspections, your SWPPP must specify the frequency of 
inspections.

4.9.2  Scope of the Compliance Evaluation

    Your inspections must include all areas where industrial 
materials or activities are exposed to storm water, as identified in 
4.2.4, and areas where spills and leaks have occurred within the 
past 3 years. Inspectors should look for: (a) Industrial materials, 
residue or trash on the ground that could contaminate or be washed 
away in storm water; (b) leaks or spills from industrial equipment, 
drums, barrels, tanks or similar containers; (c) offsite tracking of 
industrial materials or sediment where vehicles enter or exit the 
site; (d) tracking or blowing of raw, final, or waste materials from 
areas of no exposure to exposed areas and (e) for evidence of, or 
the potential for, pollutants entering the drainage system. Storm 
water BMPs identified in your SWPPP must be observed to ensure that 
they are operating correctly. Where discharge locations or points 
are accessible, they must be inspected to see whether BMPs are 
effective in preventing significant impacts to receiving waters. 
Where discharge locations are inaccessible, nearby downstream 
locations must be inspected if possible.

4.9.3  Followup Actions

    Based on the results of the inspection, you must modify your 
SWPPP as necessary (e.g., show additional controls on map required 
by Part 4.4.2.4; revise description of controls required by Part 
4.4.5) to include additional or modified BMPs designed to correct 
problems identified. You must complete revisions to the SWPPP within 
14 calendar days following the inspection. If existing BMPs need to 
be modified or if additional BMPs are necessary, implementation must 
be completed before the next anticipated storm event. If 
implementation before the next anticipated storm event is 
impracticable, they must be implemented as soon as practicable.

4.9.4  Compliance Evaluation Report

    You must insure a report summarizing the scope of the 
inspection, name(s) of personnel making the inspection, the date(s) 
of the inspection, and major observations relating to the 
implementation of the SWPPP is completed and retained as part of the 
SWPPP for at least three years from the date permit coverage expires 
or is terminated. Major observations should include: The location(s) 
of discharges of pollutants from the site; location(s) of BMPs that 
need to be maintained; location(s) of BMPs that failed to operate as 
designed or proved inadequate for a particular location; and 
location(s) where additional BMPs are needed that did not exist at 
the time of inspection. You must retain a record of actions taken in 
accordance with 4.9 of this permit as part of the storm water 
pollution prevention plan for at least three years from the date 
that permit coverage expires or is terminated. The inspection 
reports must identify any incidents of non-compliance. Where an 
inspection report does not identify any incidents of non-compliance, 
the report must contain a certification that the facility is in 
compliance with the storm water pollution prevention plan and this 
permit. Both the inspection report and any reports of follow-up 
actions must be signed in accordance with Part 6 (reporting) of this 
permit.

4.9.5  Credit As a Routine Facility Inspection

    Where compliance evaluation schedules overlap with inspections 
required under Part 4.2.7.5, your annual compliance evaluation may 
also be used as one of the Part 4.2.7.5 routine inspections.

4.10  Maintaining Updated SWPPP

    You must amend the storm water pollution prevention plan 
whenever:
    4.10.1  There is a change in design, construction, operation, or 
maintenance at your facility which has a significant effect on the 
discharge, or potential for discharge, of pollutants from your 
facility;
    4.10.2  During inspections or investigations by you or by local, 
State, Tribal or Federal officials it is determined the SWPPP is 
ineffective in eliminating or significantly minimizing pollutants 
from sources identified under 4.2.4, or is otherwise not achieving 
the general objectives of controlling pollutants in discharges from 
your facility.

4.11  Signature, Plan Review and Making Plans Available

    4.11.1  You must sign your SWPPP in accordance with Part 9.7, 
and retain the plan on-site at the facility covered by this permit 
(see Part 8 for records retention requirements).
    4.11.2  You must keep a copy of the SWPPP on-site or locally 
available to the Director for review at the time of an on-site 
inspection. You must make your SWPPP available upon request to the 
Director, a State, Tribal or local agency approving storm water 
management plans, or the operator of a municipal separate storm 
sewer receiving discharge from the site. Also, in the interest of 
public involvement, EPA encourages you to make your SWPPPs available 
to the public for viewing during normal business hours.
    4.11.3  The Director may notify you at any time that your SWPPP 
does not meet one or more of the minimum requirements of this 
permit. The notification will identify provisions of this permit 
which are not being met, as well as the required modifications. 
Within thirty (30) calendar days of receipt of such notification, 
you must make the required changes to the SWPPP and submit to the 
Director a written certification that the requested changes have 
been made.
    4.11.4  You must make the SWPPP available to the USFWS or NMFS 
upon request.

4.12  Additional Requirements for Storm Water Discharges Associated 
With Industrial Activity From Facilities Subject to EPCRA Section 
313 Reporting Requirements.

    Potential pollutant sources for which you have reporting 
requirements under EPCRA 313 must be identified in your summary of 
potential pollutant sources as per Part 4.2.4. Note this additional 
requirement only applies to you if you are subject to reporting 
requirements under EPCRA 313.

5. Monitoring Requirements and Numeric Limitations

    [Note: EPA is requesting comment on the monitoring requirements 
presented in this

[[Page 17057]]

section. Specifically, EPA is requesting input on the value of 
benchmark monitoring in meeting its intended goal, as well as 
alternative approaches that are more efficient and cost-effective. 
Unlike compliance monitoring where results are use to determine 
compliance with numerical effluent limitations, the purpose of 
benchmark monitoring is to determine the overall effectiveness of a 
facility's storm water pollution prevention plan in controlling the 
discharge of pollutants to receiving waters. The goal of benchmark 
monitoring is to provide facility operators with information on 
whether additional or alternative best management practices are 
necessary at their facility, as well as identify specific areas that 
need additional attention. EPA is requesting input on alternatives 
to benchmark monitoring that are more effective in assisting 
facility operators in evaluating the effectiveness of their storm 
water pollution prevention plans.
    Presentation of the benchmark monitoring option in the proposed 
permit language is included simply to allow the public and 
permittees familiar with the process used in the current permit to 
better comment on ways EPA has identified that benchmark monitoring, 
if selected for use in the final permit, could be improved. A 
decision on whether to continue use of benchmark monitoring, and if 
so, with what modifications, will NOT be made until considering all 
input received during the public comment period. The Fact Sheet 
section of today's notice provides more detail on potential 
alternatives to benchmark monitoring to encourage comment on this 
issue.]
    There are five individual and separate categories of monitoring 
requirements and numeric limitations that your facility may be 
subject to under this permit. The monitoring requirements and 
numeric limitations applicable to your facility depend on a number 
of factors, including: (1) The types of industrial activities 
generating storm water runoff from your facility, and (2) the state 
or tribe where your facility is located. Part 6 identifies 
monitoring requirements applicable to specific sectors of industrial 
activity. Part 13 contains additional requirements that apply only 
to facilities located in a particular State or Indian Country land. 
You must review Parts 5, 6 and 13 of the permit to determine which 
monitoring requirements and numeric limitations apply to your 
facility. Unless otherwise specified, limitations and monitoring 
requirements under Parts 5, 6, and 13 are additive.
    Sector-specific monitoring requirements and limitations are 
applied discharge by discharge at facilities with co-located 
activities. Where storm water from the co-located activities are co-
mingled, the monitoring requirements and limitations are additive. 
Where more than one numeric limitation for a specific parameter 
applies to a discharge, compliance with the more restrictive 
limitation is required. Where monitoring requirements for a 
monitoring quarter overlap (e.g., need to monitor TSS 1/year for a 
limit and also 1/quarter for benchmark monitoring), you may use a 
single sample to satisfy both monitoring requirements.

5.1  Types of Monitoring Requirements and Limitations

5.1.1  Quarterly Visual Monitoring

    The requirements and procedures for quarterly visual monitoring 
are applicable to all facilities covered under this permit, 
regardless of your facility's sector of industrial activity.
    5.1.1.1  You must perform and document a quarterly visual 
examination of a storm water discharge associated with industrial 
activity from each outfall, except discharges exempted below. The 
visual examination must be made during daylight hours (e.g., normal 
working hours). If no storm event resulted in runoff from the 
facility during a monitoring quarter, you are excused from visual 
monitoring for that quarter provided you document in your monitoring 
records that no runoff occurred. You must sign and certify the 
documentation in accordance with Part 9.7.
    5.1.1.2  Your visual examinations must be made of samples 
collected within the first 30 minutes (or as soon thereafter as 
practical, but not to exceed 1 hour) of when the runoff or snowmelt 
begins discharging from your facility. The examination must 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 must be collected from 
the discharge resulting from a storm event that is greater than 0.1 
inches in magnitude and that occurs at least 72 hours from the 
previously measurable (greater than 0.1 inch rainfall) storm event. 
Where practicable, the same individual should carry out the 
collection and examination of discharges for the entire permit term. 
If no qualifying storm event resulted in runoff from the facility 
during a monitoring quarter, you are excused from visual monitoring 
for that quarter provided you document in your monitoring records 
that no qualifying storm event occurred that resulted in storm water 
runoff during that quarter. You must sign and certify the 
documentation in accordance with Part 9.7.
    5.1.1.3  You must maintain your visual examination reports 
onsite with the pollution prevention plan. The report must 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.
    5.1.1.4  Inactive and Unstaffed Sites: When you are unable to 
conduct visual storm water examinations at an inactive and unstaffed 
site, you may exercise a waiver of the monitoring requirement as 
long as the facility remains inactive and unstaffed. If you exercise 
this waiver, you must maintain a certification with the pollution 
prevention plan stating that the site is inactive and unstaffed and 
that performing visual examinations during a qualifying event is not 
feasible. You must sign and certify the waiver in accordance with 
Part 9.7.

5.1.2  Benchmark Monitoring of Discharges Associated With Specific 
Industrial Activities

    Table 5-1 identifies the specific industrial sectors subject to 
the Benchmark Monitoring requirements of this permit and the 
industry-specific pollutants of concern. You must refer to the 
tables found in the individual Sectors in Part 6 for Benchmark 
Monitoring Cut-Off Concentrations. If your facility has co-located 
activities (see Part 1.2.1.1) described in more than one sector in 
Part 6, you must comply with all applicable benchmark monitoring 
requirements from each sector.
    The results of benchmark monitoring are primarily for your use 
to determine the overall effectiveness of your SWPPP in controlling 
the discharge of pollutants to receiving waters. Benchmark values, 
included in Part 6 of this permit, are not viewed as effluent 
limitations. An exceedence of a benchmark value does not, in and of 
itself, constitute a violation of this permit. While exceedence of a 
benchmark value does not automatically indicate that violation of a 
water quality standard has occurred, it does signal that 
modifications to the SWPPP may be necessary. In addition, exceedence 
of benchmark values may identify facilities that would be more 
appropriately covered under an individual, or alternative general 
permit where more specific pollution prevention controls could be 
required.

Table 5-1.--Industry Sectors/Sub-Sectors Subject to Benchmark Monitoring
------------------------------------------------------------------------
                                                     Required parameters
       MSGP sector \1\         Industry Sub-sector      for benchmark
                                                         Monitoring
------------------------------------------------------------------------
A...........................  General Sawmills and  COD, TSS, Zinc.
                               Planing Mills.
                              Wood Preserving       Arsenic, Copper.
                               Facilities.
                              Log Storage and       TSS.
                               Handling.
                              Hardwood Dimension    COD, TSS.
                               and Flooring Mills.
B...........................  Paperboard Mills....  COD.
C...........................  Industrial Inorganic  Aluminum, Iron,
                               Chemicals.            Nitrate + Nitrite
                                                     N.
                              Plastics, Synthetic   Zinc.
                               Resins, etc..

[[Page 17058]]

 
                              Soaps, Detergents,    Nitrate + Nitrite N,
                               Cosmetics, Perfumes.  Zinc.
                              Agricultural          Nitrate + Nitrite N,
                               Chemicals.            Lead, Iron, Zinc,
                                                     Phosphorus.
D...........................  Asphalt Paving and    TSS.
                               Roofing Materials.
E...........................  Clay Products.......  Aluminum.
                              Concrete Products...  TSS, Iron.
F...........................  Steel Works, Blast    Aluminum, Zinc.
                               Furnaces, and
                               Rolling and
                               Finishing Mills.
                              Iron and Steel        Aluminum, TSS,
                               Foundries.            Copper, Iron, Zinc.
                              Non-Ferrous Rolling   Copper, Zinc.
                               and Drawing.
                              Non-Ferrous           Copper, Zinc.
                               Foundries
                               (Castings).
G \2\.......................  Copper Ore Mining     COD, TSS, Nitrate +
                               and Dressing.         Nitrite N.
H...........................  Coal Mines and Coal-  TSS, Aluminum, Iron.
                               Mining Related
                               Facilities.
J...........................  Dimension Stone,      TSS.
                               Crushed Stone, and
                               Nonmetallic
                               Minerals (except
                               fuels).
                              Sand and Gravel       Nitrate + Nitrite N,
                               Mining.               TSS.
K...........................  Hazardous Waste       Ammonia, Magnesium,
                               Treatment Storage     COD, Arsenic,
                               or Disposal.          Cadmium, Cyanide,
                                                     Lead, Mercury,
                                                     Selenium, Silver.
L...........................  Landfills, Land       Iron, TSS.
                               Application Sites,
                               and Open Dumps.
M...........................  Automobile Salvage    TSS, Aluminum, Iron,
                               Yards.                Lead.
N...........................  Scrap Recycling.....  Copper, Aluminum,
                                                     Iron, Lead, Zinc,
                                                     TSS, COD.
O...........................  Steam Electric        Iron.
                               Generating
                               Facilities.
Q...........................  Water Transportation  Aluminum, Iron,
                               Facilities.           Lead, Zinc.
S...........................  Airports with         BOD, COD, Ammonia,
                               deicing activities    pH.
                               \3\.
U...........................  Grain Mill Products.  TSS.
                              Fats and Oils.......  BOD, COD, Nitrate +
                                                     Nitrite N, TSS.
Y...........................  Rubber Products.....  Zinc.
AA..........................  Fabricated Metal      Iron, Aluminum,
                               Products Except       Zinc, Nitrate +
                               Coating.              Nitrite N.
                              Fabricated Metal      Zinc, Nitrate +
                               Coating and           Nitrite N.
                               Engraving.
------------------------------------------------------------------------
\1\ Table does not include parameters for compliance monitoring under
  effluent limitations guidelines.
\2\ See Sector G (Part 6.G) for additional monitoring discharges from
  waste rock and overburden piles from active ore mining or dressing
  facilities.
\3\ Monitoring requirement is for airports with deicing activities that
  utilize more than 100 tons of urea or more than 100,000 gallons of
  ethylene glycol per year.

    5.1.2.1  Monitoring Periods for Benchmark Monitoring. Unless 
otherwise specified in Part 6, benchmark monitoring periods are 
October 1, 2001 to September 30, 2002 (year two of the permit) and 
October 1, 2003 to September 30, 2004 (year four of the permit). If 
your facility falls within a Sector(s) required to conduct benchmark 
monitoring, you must monitor quarterly (4 times a year) during at 
least one, and potentially both, monitoring periods; unless 
otherwise specified in the sector-specific requirements of Part 6. 
Depending on the results of the 2001-2002 monitoring year, you may 
not be required to conduct benchmark monitoring in the 2003-2004 
monitoring year (see Part 5.1.2.2).
    5.1.2.2  Benchmark Monitoring Year 2003-2004 Waivers for 
Facilities Testing Below Benchmark Values. All of the provisions of 
Part 5.1.2.2 are available to permittees except as noted in Part 6. 
Waivers from benchmark monitoring are available to facilities whose 
discharges are below benchmark values, thus there is an incentive 
for facilities to improve the effectiveness of their SWPPPs in 
eliminating discharges of pollutants and avoid the cost of 
monitoring.
    On both a parameter by parameter and outfall by outfall basis, 
you are not required to conduct sector-specific benchmark monitoring 
in the 2003-2004 monitoring year provided:

     You collected samples for all four quarters of the 
2001-2002 monitoring year and the average concentration was below 
the benchmark value in Part 6; and
     You are not subject to a numeric limitation or State/
Tribal-specific monitoring requirement for that parameter 
established in Part 5.2 or Part 13; and
     You include a certification in the SWPPP that based on 
current potential pollutant sources and BMPs used, discharges from 
the facility are reasonable expected to be essentially the same (or 
cleaner) compared to when the benchmark monitoring for the 2001-2002 
monitoring year was done.

5.1.3  Coal Pile Runoff

    5.1.3.1  If your facility has discharges of storm water from coal 
storage piles , you must comply with the limitations and monitoring 
requirements of Table 5-2 for all discharges containing the coal pile 
runoff, regardless of your facility's sector of industrial activity.

                              Table 5-2.--Numeric Limitations for Coal Pile Runoff
----------------------------------------------------------------------------------------------------------------
              Parameter                         Limit             Monitoring frequency         Sample type
----------------------------------------------------------------------------------------------------------------
Total Suspended Solids (TSS).........  50 mg/l, max...........  1/year.................  Grab.
pH...................................  6.0--9.0, min. and max.  1/year.................  Grab.
----------------------------------------------------------------------------------------------------------------

    5.1.3.2  You must not dilute coal pile runoff with storm water or 
other flows in order to meet this limitation.
    5.1.3.3  If your facility is designed, constructed and operated to 
treat the volume of coal pile runoff that is associated with a 10-year, 
24-hour rainfall event, any untreated overflow of coal pile runoff from 
the treatment unit is not subject to the 50 mg/L limitation for total 
suspended solids.
    5.1.3.4  You must collect and analyze your samples in accordance 
with Parts 5.2.2. Results of the testing must be retained and reported 
in accordance with Part 8 and 9.16.

[[Page 17059]]

5.1.4  Compliance Monitoring for Discharges Subject to Numerical 
Effluent Limitation Guidelines

    Table 1-2 of Part 1.2.2.1.3 of the permit identifies storm water 
discharges subject to effluent limitation guidelines that are 
authorized for coverage under the permit. Facilities subject to storm 
water effluent limitation guidelines are required to monitor such 
discharges to evaluate compliance with numerical effluent limitations. 
Industry-specific numerical limitations and compliance monitoring 
requirements are described in Part 6 of the permit.

5.1.5  Monitoring for Limitations Required by a State or Tribe

    Unless otherwise specified in Part 13 (state/tribal-specific permit 
conditions), you must sample once per year for any permit limit 
established as a result of a state or tribe's conditions for 
certification of this permit under CWA Sec. 401.

5.2  Monitoring Instructions

5.2.1  Monitoring Periods

    If you are required to conduct monitoring on an annual or quarterly 
basis, you must collect your samples within the following time periods 
(unless otherwise specified in Part 6):
     the monitoring year is from October 1 to September 30
     if your permit coverage was effective less than one month 
from the end of a quarterly or yearly monitoring period, your first 
monitoring period starts with the next respective monitoring period. 
(e.g., if permit coverage begins June 5th, you would not need to start 
quarterly sampling until the July-September quarter, but you would only 
have from June 5th to September 30th to complete that year's annual 
monitoring)

5.2.2  Collection and Analysis of Samples

    You must assess your sampling requirements on an outfall by outfall 
basis. You must collect and analyze your samples in accordance with the 
requirements of Part 9.16.
    5.2.2.1  When and How to Sample. Take a minimum of one grab sample 
from the discharge associated with industrial activity resulting from a 
storm event with at least 0.1 inch of precipitation (defined as a 
``measurable'' event), providing the interval from the preceding 
measurable storm is at least 72 hours. The 72-hour storm interval is 
waived when the preceding measurable storm did not yield a measurable 
discharge, or if you are able to document that less than a 72-hour 
interval is representative for local storm events during the sampling 
period.
    Take the grab sample during the first 30 minutes of the discharge. 
If it is not practicable to take the sample during the first 30 
minutes, sample during the first hour of discharge and describe why a 
grab sample during the first 30 minutes was impracticable. Submit this 
information on or with the discharge monitoring report (see Part 7.1). 
If the sampled discharge commingles with process or non-process water, 
attempt to sample the storm water discharge before it mixes with the 
non-storm water.
    To get help with monitoring, consult the Guidance Manual for the 
Monitoring and Reporting Requirements of the NPDES Storm Water Multi-
Sector General Permit which can be down loaded from the EPA Web Site at 
www.epa.gov/OWM/sw/industry/index.htm. It can also be ordered from the 
Office of Water Resource Center by calling 202-260-7786.

5.2.3  Storm Event Data

    Along with the results of your monitoring, you must provide the 
date and duration (in hours) of the storm event(s) samples; rainfall 
measurements or estimates (in inches) of the storm event that generated 
the sampled runoff; the duration between the storm event samples and 
the end of the previous measurable (greater than 0.1 inch rainfall) 
storm event; and an estimate of the total volume (in gallons) of the 
discharge samples.

5.2.4  Representative Outfalls--Essential Identical Discharges

    If your facility has two (2) or more outfalls that you believe 
discharge substantially identical effluents, based on similarities of 
the industrial activities, significant materials or storm water 
management practices occurring within the outfalls' drainage areas, you 
may test the effluent of just one of the outfalls and report that the 
quantitative data also applies to the substantially identical 
outfall(s). For this to be permissible, you must describe in the 
pollution prevention plan and include in the Discharge Monitoring 
Report the following: locations of the outfalls; why the outfalls are 
expected to discharge substantially identical effluents; estimates of 
the size of the drainage area (in square feet) for each of the 
outfalls; and an estimate of the runoff coefficient of the drainage 
areas (low: under 40 percent; medium: 40 to 65 percent; high: above 65 
percent).

5.3  General Monitoring Waivers

    The following waivers may be applied to any monitoring required 
under this permit.

5.3.1  Adverse Climatic Conditions Waiver

    When adverse weather conditions prevent the collection of samples, 
take a substitute sample during a qualifying storm event in the next 
monitoring period. Adverse conditions (i.e., those which are dangerous 
or create inaccessibility for personnel) may include such things as 
local flooding, high winds, electrical storms, or situations which 
otherwise make sampling impracticable such as drought or extended 
frozen conditions.

5.3.2  Alternative Certification of ``Not Present or No Exposure''

    You are not subject to the analytical monitoring requirements of 
this Part provided:
    5.3.2.1  you make a certification for a given outfall, or on a 
pollutant-by-pollutant basis in lieu of monitoring required under Part 
5, that material handling equipment or activities, raw materials, 
intermediate products, final products, waste materials, by-products, 
industrial machinery or operations, or significant materials from past 
industrial activity that are located in areas of the facility within 
the drainage area of the outfall are not presently exposed to storm 
water and are not expected to be exposed to storm water for the 
certification period; and
    5.3.2.2  your certification is signed in accordance with Part 9.7, 
retained in the storm water pollution prevention plan, and submitted to 
EPA in accordance with Part 6. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required Part 6; and
    5.3.2.3  if you cannot certify for an entire period, you must 
submit the date exposure was eliminated and any monitoring required up 
until that date; and
    5.3.2.4  no numeric limitation or State-specific monitoring 
requirement for that parameter is established in Part 5 or Part 12.

5.4  Monitoring Required the Director

    The Director may provide written notice to any facility, including 
those otherwise exempt from the sampling requirements of Parts 5, 6 and 
12, requiring discharge sampling for a specific monitoring frequency 
for specific parameters. Any such notice will briefly state the reasons 
for the monitoring, parameters to be monitored,

[[Page 17060]]

frequency and period of monitoring, sample types, and reporting 
requirements.

5.5  Reporting Monitoring Results

    Deadlines and procedures for submitting monitoring reports are 
contained in Part 7.

6. Sector-Specific Requirements for Industrial Activity

    You only need to comply with the additional requirements of Part 6 
that apply to the sector(s) of industrial activity at your facility. 
These sector-specific requirements are in addition to the ``basic'' 
requirements specified in Parts 1-5 and 7-13 of this permit.

6.A  Sector A--Timber Products

6.A.1  Covered Storm Water Discharges

    The requirements in Part 6.A apply to storm water discharges 
associated with industrial activity from Timber Products facilities as 
identified by the SIC Codes specified under Sector A in Table 1-1 of 
Part 1.2.1.

6.A.2  Industrial Activities Covered by Sector A

    The types of activities that permittees under Sector A are 
primarily engaged in are:
    6.A.2.1  Cutting timber and pulpwood (those that have log storage 
or handling areas);
    6.A.2.2  Mills, including merchant, lath, shingle, cooperage stock, 
planing, plywood and veneer;
    6.A.2.3  Producing lumber and wood basic materials;
    6.A.2.4  Wood preserving;
    6.A.2.5  Manufacturing finished articles made entirely of wood or 
related materials except wood kitchen cabinet manufacturers (covered 
under Part 6.23);
    6.A.2.6  Manufacturing wood buildings or mobile homes.

6.A.3  Special Coverage Conditions.

    6.A.3.1  Prohibition of Discharges. (See also Part 1.2.3.1)
    Not covered by this permit: Storm water discharges from areas where 
there may be contact with the chemical formulations sprayed to provide 
surface protection. These discharges must be covered by a separate 
NPDES permit.
    6.A.3.2  Authorized Non-Storm Water Discharges.
    (See also Part 1.2.3.1) Also authorized by this permit, provided 
the non-storm water component of the discharge is in compliance with 
SWPPP requirements in Part 4.2.7 (Controls): 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.
    6.A.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements.
    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.A.4.1  Drainage Area Site Map. (See also Part 4.2.2.3) Also 
identify where any of the following may be exposed to precipitation/
surface runoff: Processing areas; treatment chemical storage areas; 
treated wood and residue storage areas; wet decking areas; dry decking 
areas; untreated wood and residue storage areas; and treatment 
equipment storage areas.
    6.A.4.2  Inventory of Exposed Materials. (See also Part 4.2.4) 
Where such information exists, if your facility has used 
chlorophenolic, creosote or chromium-copper-arsenic formulations for 
wood surface protection or preserving, identify the following: Areas 
where contaminated soils, treatment equipment and stored materials 
still remain, and the management practices employed to minimize the 
contact of these materials with storm water runoff.
    6.A.4.3  Description of Storm Water Management Controls. (See also 
Part 4.2.7). Describe and implement measures to address the following 
activities/sources: Log, lumber and wood product storage areas; residue 
storage areas; loading and unloading areas; material handling areas; 
chemical storage areas; and equipment/vehicle maintenance, storage and 
repair areas. If your facility performs wood surface protection/
preservation activities, address the specific BMPs for these 
activities.
    6.A.4.4  Good Housekeeping. (See also Part 4.2.7.2.1.1). In areas 
where storage, loading/unloading and material handling occur, perform 
good housekeeping to limit the discharge of wood debris; minimize the 
leachate generated from decaying wood materials; and minimize the 
generation of dust.
    6.A.4.5  Inspections. (See also Part 4.2.7.2.1.5). If your facility 
performs wood surface protection/preservation activities, inspect 
processing areas, transport areas and treated wood storage areas 
monthly to assess the usefulness of practices to minimize the deposit 
of treatment chemicals on unprotected soils and in areas that will come 
in contact with storm water discharges.
    6.A.5  Monitoring and Reporting Requirements. (See also Part 5)

                    Table A-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\   Numeric limitation \3\
----------------------------------------------------------------------------------------------------------------
General Sawmills and Planning Mills   Chemical Oxygen Demand   120.0 mg/L..............
 (SIC 2421).                           (COD).
                                      Total Suspended Solids   100 mg/L................
                                       (TSS).
                                      Total Zinc.............  0.117 mg/L..............
Wood Preserving (SIC 2491)..........  Total Arsenic..........  0.16854 mg/L............
                                      Total Copper...........  0.0636 mg/L.............
Log Storage and Handling (SIC 2411).  Total Suspended Solids   100 mg/L................
                                       (TSS).
Wet Decking Discharges at Log         pH.....................  ........................  6.0-9.0 s.u.
 Storage and Handling Areas (SIC
 2411).
                                      Debris (woody material   ........................  No Discharge of debris
                                       such as bark, twigs,                               that will not pass
                                       branches, heartwood,                               through a 2.54 cm
                                       or sapwood).                                       (1'') diameter round
                                                                                          opening.

[[Page 17061]]

 
  Hardwood Dimension and Flooring     Chemical Oxygen Demand   120.0 mg/L..............
 Mills; Special Products Sawmills,     (COD).
 not elsewhere classified; Millwork,
 Veneer, Plywood and Structural
 Wood; Wood Containers; Wood
 Buildings and Mobile Homes;
 Reconstituted Wood Products; and
 Wood Products Facilities not
 elsewhere classified (SIC Codes
 2426, 2429, 2431-2439 (except
 2434), 2448, 2449, 2451, 2452,
 2493, and 2499)
                                      Total Suspended Solids   100.0 mg/L. ............
                                       (TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\3\ Monitor once per year for each monitoring year.

6.B  Sector B. Paper and Allied Products Manufacturing

6.B.1  Covered Storm Water Discharges

    The requirements in Part 6.B apply to storm water discharges 
associated with industrial activity from Paper and Allied Products 
Manufacturing facilities as identified by the SIC Codes specified under 
Sector B in Table 1-1 of Part 1.2.1.

6.B.2  Industrial Activities Covered by Sector B

    The types of activities that permittees under Sector B are 
primarily engaged in are:
    6.B.2.1  manufacture of pulps from wood and other cellulose fibers 
and from rags;
    6.B.2.2  manufacture of paper and paperboard into converted 
products, i.e. paper coated off the paper machine, paper bags, paper 
boxes and envelopes;
    6.B.2.3  manufacture of bags of plastic film and sheet.

6.B.3  Monitoring and Reporting Requirements

    (See also Part 5)

                Table B-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Paperboard Mills (SIC Code 2631)....  COD....................  120.0 mg/L.               .......................
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 monitoring years.

6.C  Sector C--Chemical and Allied Products Manufacturing

6.C.1  Covered Storm Water Discharges

    The requirements in Part 6.C apply to storm water discharges 
associated with industrial activity from Chemical and Allied Products 
Manufacturing facilities as identified by the SIC Codes specified under 
Sector C in Table 1-1 of Part 1.2.1.

6.C.2  Industrial Activities Covered by Sector C

    The requirements listed under this part apply to storm water 
discharges associated with industrial activity from a facility engaged 
in manufacturing the following products:
    6.C.2.1  basic industrial inorganic chemicals;
    6.C.2.2  plastic materials and synthetic resins, synthetic rubbers, 
and cellulosic and other human made fibers, except glass;
    6.C.2.3  soap and other detergents, including facilities producing 
glycerin from vegetable and animal fats and oils; speciality cleaning, 
polishing and sanitation preparations; surface active preparations used 
as emulsifiers, wetting agents and finishing agents, including 
sulfonated oils; and perfumes, cosmetics and other toilet preparations;
    6.C.2.4  paints (in paste and ready mixed form); varnishes; 
lacquers; enamels and shellac; putties, wood fillers, and sealers; 
paint and varnish removers; paint brush cleaners; and allied paint 
producers;
    6.C.2.5  industrial organic chemicals;
    6.C.2.6  industrial and household adhesives, glues, caulking 
compounds, sealants, and linoleum, tile and rubber cements from 
vegetable, animal or synthetic plastic materials; explosives; printing 
ink, including gravure, screen process and lithographic inks; 
miscellaneous chemical preparations such as fatty acids, essential 
oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing 
and stamp pad ink, industrial compounds such as boiler and heat 
insulating compounds, and chemical supplies for foundries;
    6.C.2.7  ink and paints, including china painting enamels, indian 
ink, drawing ink, platinum paints for burnt wood or leather work, 
paints for china painting, artists' paints and artists' water colors.

6.C.3  Limitations on Coverage

    6.C.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.3)
    Not covered by this permit: non-storm water discharges containing 
inks, paints or substances (hazardous, nonhazardous, etc.) resulting 
from an onsite spill, including materials collected in drip pans; 
washwater from material handling and processing areas; and washwater 
from drum, tank or container rinsing and cleaning.

6.C.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.

[[Page 17062]]

    6.C.4.1  Drainage Area Site Map. (See also Part 4.2.2.3)
    Also identify where any of the following may be exposed to 
precipitation/surface runoff: Processing and storage areas; access 
roads, rail cars and tracks; areas where substances are transferred in 
bulk; and operating machinery.
    6.C.4.2  Potential Pollutant Sources. (See also Part 4.2.4)
    Describe the following sources and activities that have potential 
pollutants associated with them: Loading, unloading and transfer of 
chemicals; outdoor storage of salt, pallets, coal, drums, containers, 
fuels, fueling stations; vehicle and equipment maintenance/cleaning 
areas; areas where the treatment, storage or disposal (on-or off-site) 
of waste/wastewater occur; storage tanks and other containers; 
processing and storage areas; access roads, rail cars and tracks; areas 
where the transfer of substances in bulk occurs; and areas where 
machinery operates.
    6.C.4.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    As part of your good housekeeping program, include a schedule for 
regular pickup and disposal of garbage and waste materials, or adopt 
other appropriate measures to reduce the potential for discharging 
storm water that has contacted garbage or waste materials. Routinely 
inspect the condition of drums, tanks and containers for potential 
leaks.

6.C.5  Monitoring and Reporting Requirements

    (See also Part 5)

                Table C-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\   Numeric Limitation \3\
----------------------------------------------------------------------------------------------------------------
Phosphate Subcategory of the          Total Phosphorus (as P)  ........................  105.0 mg/L, daily max.
 Fertilizer Manufacturing Point                                                          35 mg/L, 30-day avg.
 Source Category (40 CFR Sec.
 418.10)--applies to precipitation
 runoff, that during manufacturing
 or processing, comes into contact
 with any raw materials,
 intermediate product, finished
 product, by-products or waste
 product (SIC 2874).
                                      Fluoride...............  ........................  105.0 mg/L, daily max.
                                                                                         25.0 mg/L, 30-day avg.
Agricultural Chemicals (2873-2879)..  Nitrate plus Nitrite     0.68 mg/L.                .......................
                                       Nitrogen.
                                      Total Recoverable Lead.  0.0816 mg/L.              .......................
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Total Recoverable Zinc.  0.117 mg/L.               .......................
                                      Phosphorus.............  2.0 mg/L.                 .......................
Industrial Inorganic Chemicals (2812- Total Recoverable        0.75 mg/L.                .......................
 2819).                                Aluminum.
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Nitrate plus Nitrite     0.68 mg/L.                .......................
                                       Nitrogen.
Soaps, Detergents, Cosmetics, and     Nitrate plus Nitrite     0.68 mg/L.                .......................
 Perfumes (SIC 2841-2844).             Nitrogen.
                                      Total Recoverable Zinc.  0.117 mg/L.               .......................
Plastics, Synthetics, and Resins      Total Recoverable Zinc.  0.117 mg/L.               .......................
 (SIC 2821-2824).
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\3\ Monitor once/year for each Monitoring Year.

6.D  Sector D--Asphalt Paving and Roofing Materials and Lubricant 
Manufacturers

6.D.1  Covered Storm Water Discharges

    The requirements in Part 6.D apply to storm water discharges 
associated with industrial activity from Asphalt Paving and Roofing 
Materials and Lubricant Manufacturers facilities as identified by the 
SIC Codes specified under Sector D in Table 1-1 of Part 1.2.1.

6.D.2  Industrial Activities Covered by Sector D.

    The types of activities that permittees under Sector D are 
primarily engaged in are:
    6.D.2.1  manufacturing asphalt paving and roofing materials;
    6.D.2.2  portable asphalt plant facilities;
    6.D.2.3  manufacturing lubricating oils and greases.

6.D.3  Limitations on Coverage

    The following storm water discharges associated with industrial 
activity are not authorized by this permit:
    6.D.3.1  discharges from petroleum refining facilities, including 
those that manufacture asphalt or asphalt products that are classified 
as SIC code 2911;
    6.D.3.2  discharges from oil recycling facilities;
    6.D.3.3  discharges associated with fats and oils rendering.

6.D.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.D.4.1  Inspections. (See also Part 4.2.7.2.1.5) Inspect at least 
once per month, as part of the maintenance program, the following 
areas: Material storage and handling areas, liquid storage tanks, 
hoppers/silos, vehicle and equipment maintenance, cleaning and fueling 
areas, material handling vehicles, equipment and processing areas. 
Ensure appropriate action is taken in response to the inspection by 
implementing tracking or follow up procedures.

6.D.5  Monitoring and Reporting Requirements

    (See also Part 5)

[[Page 17063]]



                    Table D-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\   Numeric limitation \3\
----------------------------------------------------------------------------------------------------------------
Asphalt Paving and Roofing Materials  Total Suspended Solids   100 mg/L.                 .......................
 (SIC 2951, 2952).                     (TSS).
Discharges from areas where           TSS....................  ........................  23.0 mg/L, daily max.
 production of asphalt paving and                                                        15.0 mg/L 30-day avg.
 roofing emulsions occurs (SIC 2951,
 2952).
                                      Oil and Grease.........  ........................  15.0 mg/L daily max.
                                                                                         10 mg/L, 30-day avg.
                                      pH.....................  ........................  6.0-9.0.
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\3\ Monitor once per year for each monitoring year.

6.E  Sector E--Glass Clay, Cement, Concrete, and Gypsum Products

6.E.1  Covered Storm Water Discharges

    The requirements in Part 6.E apply to storm water discharges 
associated with industrial activity from Glass, Clay, Cement, Concrete, 
and Gypsum Products facilities as identified by the SIC Codes specified 
under Sector E in Table 1-1 of Part 1.2.1.

6.E.2  Industrial Activities Covered by Sector E

    The requirements listed under this permit apply to storm water 
discharges associated with industrial activity from a facility engaged 
in either manufacturing the following products or performing the 
following activities:
    6.E.2.1  flat, pressed, or blown glass or glass containers;
    6.E.2.2  hydraulic cement;
    6.E.2.3  clay products including tile and brick;
    6.E.2.4  Pottery and porcelain electrical supplies;
    6.E.2.5  concrete products;
    6.E.2.6  gypsum products;
    6.E.2.7  minerals and earths, ground or otherwise treated;
    6.E.2.8  non-clay refractories.

6.E.3  Limitations on Coverage

    Facilities engaged in the following activities are not eligible for 
coverage under this permit:
    6.E.3.1  lime manufacturing;
    6.E.3.2  cut stone and stone products;
    6.E.3.3  asbestos products;
    6.E.3.4  mineral wool and mineral wool insulation products.

6.E.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements.

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.E.4.1  Drainage Area Site Map. (See also Part 4.2.2.3)
    Identify the locations of the following, as applicable: Bag house 
or other dust control device; recycle/sedimentation pond, clarifier or 
other device used for the treatment of process wastewater, and the 
areas that drain to the treatment device.
    6.E.4.2  Good Housekeeping Measures. (See also Part 4.2.2.3)
    With good housekeeping prevent or minimize the discharge of: 
Spilled cement; aggregate (including sand or gravel); kiln dust; fly 
ash; settled dust; or other significant material in storm water from 
paved portions of the site that are exposed to storm water. Consider 
using regular sweeping or other equivalent measures to minimize the 
presence of these materials. Indicate in your SWPPP the frequency of 
sweeping or equivalent measures. Determine the frequency from the 
amount of industrial activity occurring in the area and the frequency 
of precipitation, but it must be performed at least once a week if 
cement, aggregate, kiln dust, fly ash or settled dust are being 
handled/processed. You must also prevent the exposure of fine granular 
solids (cement, fly ash, kiln dust, etc.) to storm water where 
practicable, by storing these materials in enclosed silos/hoppers, 
buildings or under other covering.
    6.E.4.3  Inspections. (See also Part 4.2.7.2.1.5)
    Perform inspections while the facility is in operation and include 
all of the following areas exposed to storm water: Material handling 
areas, above ground storage tanks, hoppers or silos, dust collection/
containment systems, truck wash down/ equipment cleaning areas.
    6.E.4.4  Certification. (See also Part 4.4.1)
    For facilities producing ready-mix concrete, concrete block, brick 
or similar products, include in the non-storm water discharge 
certification a description of measures that insure that process waste 
water resulting from truck washing, mixers, transport buckets, forms or 
other equipment are discharged in accordance with NPDES requirements or 
are recycled.

6.E.5  Monitoring and Reporting Requirements

    (See also Part 5)

                    Table E-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\   Numeric limitation \3\
----------------------------------------------------------------------------------------------------------------
Clay Product Manufacturers (SIC 3251- Total Recoverable        0.75 mg/L
 3259, 3262-3269).                     Aluminum.
----------------------------------------------------------------------------------------------------------------
\1\ Discharge may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\3\ Monitor once per year for each monitoring year.


[[Page 17064]]


                    Table E-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                  Benchmark monitoring
             Subsector 1                      Parameter          cutoff concentration 2    Numeric limitation 3
----------------------------------------------------------------------------------------------------------------
Concrete and Gypsum Product            TSS....................  100 mg/L.
 Manufacturers (SIC 3271-3275).
                                       Total Recoverable Iron.  1.0 mg/L.
Cement Manufacturing Facility,         Total Suspended Solids   .......................  50 mg/L, daily max.
 Material Storage Runoff: Any           (TSS).
 discharge composed of runoff that
 derives from the storage of
 materials including raw materials,
 intermediate products, finished
 products, and waste materials that
 are used in or derived from the
 manufacture of cement.
                                       pH.....................  .......................  6.0-9.0 S.U.
----------------------------------------------------------------------------------------------------------------
1 Discharge may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 monitoring years.
3 Monitor once per year for each monitoring year.

6.F  Sector F--Primary Metals

6.F.1  Covered Storm Water Discharges

    The requirements in Part 6.F apply to storm water discharges 
associated with industrial activity from Primary Metals facilities as 
identified by the SIC Codes specified under Sector F in Table 1-1 of 
Part 1.2.1.

6.F.2  Industrial Activities Covered by Sector F

    The types of activities under this Part are facilities primarily 
engaged in are:
    6.F.2.1  steel works, blast furnaces, and rolling and finishing 
mills including: Steel wire drawing and steel nails and spikes; cold-
rolled steel sheet, strip, and bars; and steel pipes and tubes;
    6.F.2.2  iron and steel foundries, including: Gray and ductile 
iron, malleable iron, steel investment, and steel foundries not 
elsewhere classified;
    6.F.2.3  primary smelting and refining of nonferrous metals, 
including: Primary smelting and refining of copper, and primary 
production of aluminum;
    6.F.2.4  secondary smelting and refining of nonferrous metals;
    6.F.2.5  rolling, drawing, and extruding of nonferrous metals, 
including: Rolling, drawing, and extruding of copper; rolling, drawing 
and extruding of nonferrous metals except copper and aluminum; and 
drawing and insulating of nonferrous wire;
    6.F.2.6  nonferrous foundries (castings), including: Aluminum die-
casting, nonferrous die-casting, except aluminum, aluminum foundries, 
copper foundries, and nonferrous foundries, except copper and aluminum;
    6.F.2.7  miscellaneous primary metal products, not elsewhere 
classified, including: Metal heat treating, and primary metal products 
not elsewhere classified;
    Activities covered include but are not limited to storm water 
discharges associated with cooking operations, sintering plants, blast 
furnaces, smelting operations, rolling mills, casting operations, heat 
treating, extruding, drawing, or forging all types of ferrous and 
nonferrous metals, scrap and ore.

6.F.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.F.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Also 
identify where any of the following activities may be exposed to 
precipitation/surface runoff: Storage or disposal of wastes such as 
spent solvents/baths, sand, slag/dross; liquid storage tanks/drums; 
processing areas including pollution control equipment (e.g., 
baghouses); and storage areas of raw material such as coal, coke, 
scrap, sand, fluxes, refractories or metal in any form. In addition, 
indicate where an accumulation of significant amounts of particulate 
matter could occur from such sources as furnace or oven emissions, 
losses from coal/coke handling operations, etc., and which could result 
in a discharge of pollutants to waters of the United States.
    6.F.3.2  Inventory of Exposed Material. (See also Part 4.2.4) 
Include in the inventory of materials handled at the site that 
potentially may be exposed to precipitation/runoff, areas where 
deposition of particulate matter from process air emissions or losses 
during material handling activities are possible.
    6.F.3.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As 
part of your good housekeeping program, include: A cleaning/maintenance 
program for all impervious areas of the facility where particulate 
matter, dust or debris may accumulate, especially areas where material 
loading/unloading, storage, handling and processing occur; the paving 
of areas where vehicle traffic or material storage occur but where 
vegetative or other stabilization methods are not practicable 
(institute a sweeping program in these areas too). For unstabilized 
areas where sweeping is not practicable, consider using storm water 
management devices such as sediment traps, vegetative buffer strips, 
filter fabric fence, sediment filtering boom, gravel outlet protection 
or other equivalent measures that effectively trap or remove sediment.
    6.F.3.4  Inspections. (See also Part 4.2.7.2.1.5) Conduct 
inspections routinely, or at least on a quarterly basis, and address 
all potential sources of pollutants, including (if applicable): Air 
pollution control equipment (e.g., baghouses, electrostatic 
precipitators, scrubbers and cyclones) for any signs of degradation 
(e.g., leaks, corrosion or improper operation) that could limit their 
efficiency and lead to excessive emissions. Consider monitoring air 
flow at inlets/outlets (or use equivalent measures) to check for leaks 
(e.g., particulate deposition) or blockage in ducts. Also inspect all 
process and material handling equipment (e.g., conveyors, cranes and 
vehicles) for leaks, drips or the potential loss of material; and 
material storage areas (e.g., piles, bins or hoppers for storing coke, 
coal, scrap or slag, as well as chemicals stored in tanks/drums) for 
signs of material losses due to wind or storm water runoff.

6.F.4  Monitoring and Reporting Requirements (See also Part 5)

[[Page 17065]]



                Table F-1.--Sector-specific Numeric Effluent Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
             Subsector 1                     Parameter         cutoff concentration f 2     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Steel Works, Blast Furnaces, and      Total Recoverable        0.75 mg/L.
 Rolling and Finishing Mills (SIC      Aluminum.
 3312-3317).
                                      Total Recoverable Zinc.  0.117 mg/L.
Iron and Steel Foundries (SIC 3321-   Total Recoverable        0.75 mg/L.
 3325).                                Aluminum.
                                      Total Suspended Solids.  100 mg/L.
                                      Total Recoverable        0.0636 mg/L.
                                       Copper.
                                      Total Recoverable Iron.  1.0 mg/L.
                                      Total Recoverable Zinc.  0.117 mg/L.
Rolling, Drawing, and Extruding of    Total Recoverable        0.0636 mg/L.
 Non-Ferrous Metals (SIC 3351-3357).   Copper.
                                      Total Recoverable Zinc.  0.117 mg/L.
Non-Ferrous Foundries (SIC 3363-      Total Recoverable        0.0.636 mg/L.
 3369).                                Copper.
                                      Total Recoverable Zinc.  0.117 mg/L.
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.G  Sector G--Metal Mining (Ore Mining and Dressing)

6.G.1  Covered Storm Water Discharges

    The requirements in Part 6.G apply to storm water discharges 
associated with industrial activity from active, temporarily inactive 
and inactive metal mining and ore dressing facilities, including mines 
abandoned on Federal Lands, as identified by the SIC Codes specified 
under Sector G in Table 1-1 of Part 1.2.1. Coverage is required for 
storm water discharges that have come into contact (directly or 
indirectly) with any overburden, raw material, intermediate product, 
finished product, byproduct, or waste product located on the site of 
the operation.
    6.G.1.1  Covered Discharges from Inactive Facilities: All storm 
water discharges.
    6.G.1.2  Covered Discharges from Active and Temporarily Inactive 
Facilities: Only the discharges from these following areas are covered: 
Waste rock/overburden piles if composed entirely of storm water and not 
combined with mine drainage; topsoil piles; offsite haul/access roads; 
onsite haul roads constructed of waste rock/overburden/spent ore if 
composed entirely of storm water and not combining with mine drainage; 
onsite haul roads not constructed of waste rock/overburden/spent ore 
except if mine drainage is used for dust control; runoff from tailings 
dams/dikes not constructed of waste rock/tailings if no process fluids 
are present; runoff from dams/dikes constructed of waste rock/tailings 
if no process fluids are present, and not combining with mine drainage; 
concentration building if no contact with material piles; mill site, if 
no contact with material piles; office/administrative building and 
housing if mixed with storm water from industrial area; chemical 
storage piles; docking facility if no excessive contact with waste 
product that would otherwise constitute mine drainage; explosive 
storage; fuel storage; vehicle/equipment maintenance area/buildings; 
parking areas (if necessary); power plant; truck wash areas if no 
excessive contact with waste product that would otherwise constitute 
mine drainage; unreclaimed disturbed areas outside of active mining 
area; reclaimed areas released from reclamation bonds prior to December 
17, 1990; partially/inadequately reclaimed areas; areas not released 
from reclamation bonds.

6.G.2  Industrial Activities Covered by Sector G

    Note:
    ``metal mining'' will connote any of the separate activities 
listed in Part 6.G.2.

    The types of activities that permittees under Sector G are 
primarily engaged in are:
    6.G.2.1  exploring for metallic minerals (ores), developing mines 
and the mining of ores;
    6.G.2.1  ore dressing and beneficiating, whether performed at co-
located, dedicated mills or separate (i.e., custom) mills.

6.G.3  Limitations on Coverage

    6.G.3.1  Prohibition of Storm Water Discharges: Storm water 
discharges not authorized by this permit: Discharges from active metal 
mining facilities which are subject to effluent limitation guidelines 
for the Ore Mining and Dressing Point Source Category (40 CFR part 
440).

    Note:
    discharges that come in contact with overburden/waste rock are 
subject to 40 CFR part 440, providing: The discharges drain to a 
point source (either naturally or as a result of intentional 
diversion) and they combine with ``mine drainage'' that is otherwise 
regulated under the part 440 regulations. Discharges from 
overburden/waste rock can be covered under this permit if they are 
composed entirely of storm water, do not combine with sources of 
mine drainage that are subject to 40 CFR Part 440, and meet other 
eligibility criteria contained in Part 1.2.2.1.

    6.G.3.2  Prohibition of Non-Storm Water Discharges. Not authorized 
by this permit: Adit drainage and contaminated springs or seeps (see 
also the standard Limitations on Coverage in Part 1.2.3).

6.G.4  Definitions

    6.G.4.1  Mining operation--typically consists of three phases, any 
one of which individually qualifies as a ``mining activity.'' The 
phases are the exploration and construction phase, the active phase, 
and the reclamation phase.
    6.G.4.2  Exploration and construction phase--entails exploration 
and land disturbance activities to determine the financial viability of 
a site. Construction includes the building of site access roads and 
removal of overburden and waste rock to expose mineable minerals.
    6.G.4.3  Active phase--activities including each step from 
extraction through production of a salable product.
    6.G.4.4  Reclamation phase--activities intended to return the land 
to its pre-mining state.
    The following definitions are not intended to supercede the 
definitions of active and inactive mining facilities established by 40 
CFR 122.26(b)(14)(iii).
    6.G.4.5  Active Metal Mining Facility--a place where work or other 
activity related to the extraction, removal or recovery of metal ore is

[[Page 17066]]

being conducted. For surface mines, this definition does not include 
any land where grading has returned the earth to a desired contour and 
reclamation has begun.
    6.G.4.6  Inactive Metal Mining Facility--a site or portion of a 
site where metal mining and/or milling occurred in the past but is not 
an active facility as defined above, and where the inactive portion is 
not covered by an active mining permit issued by the applicable State 
or Federal government agency.
    6.G.4.7  Temporarily Inactive Metal Mining Facility--a site or 
portion of a site where metal mining and/or milling occurred in the 
past but currently are not being actively undertaken, and the facility 
is covered by an active mining permit issued by the applicable State or 
Federal government agency.

6.G.5  Clearing, Grading and Excavation Activities

    Clearing, grading and excavation (activities typically associated 
with the exploration and construction phase of a mining operation, but 
may also apply to active mining operations such as the expansion of 
existing pits) cannot be covered under this permit if these activities 
will disturb 5 or more acres of land. If the land disturbance is from 1 
to 5 acres, you may or may not be able to utilize the MSGP-2000 to 
cover your clearing, grading and excavation activities. All mining 
activities disturbing less than 1 acre must continue to comply with the 
requirements of this permit. The 5-acre cut-off may not be simply 
determined by the extent of earth disturbance at a given time, rather 
it could depend on whether there is a ``common plan of development or 
sale'' totaling 5 acres (i.e., a plan to disturb, or the possibility of 
disturbing, at least 5 acres at some later date). For further 
information on common plan of development or sale, refer to the EPA's 
General Permit for Storm Water Discharges from Construction Activities 
(the ``Construction General Permit;'' Federal Register, Vol. 63, p. 
7858).
    6.G.5.1  Requirements for Activities Disturbing 5 or More Acres of 
Earth. If the 5-acre limit as defined in Part 6.G.5 is attained, 
coverage for these activities must be under the latest version of EPA's 
General Permit for Storm Water Discharges from Construction Activities 
(the ``Construction General Permit''), or an applicable State-issued 
permit. You must obtain and comply with the Construction General 
Permit's requirements before submitting the separate Construction 
General Permit Notice of Intent (NOI) form (EPA Form 3510-9) to obtain 
coverage. The February 17, 1998 version of the permit can be downloaded 
from the EPA's Web Site at www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf or obtained from the Office of Water Resource Center at 
202.260.7786. The NOI form is also available from the Web Site at 
www.epa.gov/owm/sw/construction/connoi.pdf or from your EPA Regional 
office at the address listed under Part 8.3. Discharges in compliance 
with the provisions of the Construction General Permit are also 
authorized under the MSGP.
    6.G.5.2  Requirements for Activities Disturbing From 1 to 5 Acres 
of Earth. For earth disturbances of 1 to 5 acres, coverage of mining 
activities under a construction permit may be required pursuant to the 
Regulations for Revision of the Water Pollution Control Program 
Addressing Storm Water Discharges (also known as the Storm Water Phase 
II Rule; see Federal Register, Vol. 64, p. 68722). Under these 
regulations there are provisions that allow certain dischargers to 
waive out of the Phase II construction permit requirement, so you must 
refer to the Phase II Rule to determine the waivers' applicability to 
your site. If you choose to waive out of the Phase II construction 
permit requirement, you still must maintain compliance with the MSGP-
2000. As of the publication date of the MSGP-2000, there is not yet 
available a construction permit for land disturbances of 1 to 5 acres. 
This permit may be available at any time up to March 10, 2003. Until 
such time when application for coverage under the Phase II construction 
permit is required, compliance with the MSGP-2000 must be maintained. 
Alternatively, you may opt to apply for coverage under the CGP as per 
Part 6.G.5.1 at any time. Information and updates on the Phase II Rule 
can be obtained from the EPA's Web Site at www.epa.gov/owm/sw/phase2/index.htm.
    6.G.5.3  Cessation of Earth Disturbing Activities. If exploration 
phase clearing, grading and excavation activities are completed and no 
further mining activities will occur at the site, you must comply with 
the requirements for terminating the Construction General Permit (i.e., 
stabilize the disturbed land, submit a Notice of Termination, etc.). If 
further mining activities will occur, you may opt for either of the 
following: Maintain coverage under the CGP (i.e., maintain necessary 
BMPs, perform inspections, etc.) and apply for coverage under the MSGP 
for those discharges associated with mineral mining and dressing 
activities that will occur under the active and reclamation phases; or 
terminate coverage under the CGP and apply for coverage under the MSGP 
for all discharges from the site.

6.G.6  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.G.6.1  SWPPP Requirements for Active and Temporarily Inactive 
Metal Mining Facilities.
    6.G.6.1.1  Nature of Industrial Activities. (See also Part 4.2.2.1 
) Briefly describe the mining and associated activities that can 
potentially affect the storm water discharges covered by this permit, 
including: The total acreage within the mine site; the estimated 
acreage of disturbed land; the estimated acreage of land proposed to be 
disturbed throughout the life of the mine; and a general description of 
the location of the site relative to major transportation routes and 
communities.
    6.G.6.1.2  Site Map. (See also Part 4.2.2.3) Also identify the 
locations of the following (as appropriate): Mining/milling site 
boundaries; access and haul roads; outline of the drainage areas of 
each storm water outfall within the facility and indicate the types of 
discharges from the drainage areas; equipment storage, fueling and 
maintenance areas; materials handling areas; outdoor manufacturing, 
storage or material disposal areas; chemicals and explosives storage 
areas; overburden, materials, soils or waste storage areas; location of 
mine drainage (where water leaves mine) or other process water; 
tailings piles/ponds (including proposed ones); heap leach pads; off-
site points of discharge for mine drainage/process water; surface 
waters; and boundary of tributary areas that are subject to effluent 
limitations guidelines.
    6.G.6.1.3   Potential Pollutant Sources. (See also Part 4.2.4)
    For each area of the mine/mill site where storm water discharges 
associated with industrial activities occur, identify the types of 
pollutants (e.g., heavy metals, sediment) likely to be present in 
significant amounts. Consider these factors: The mineralogy of the ore 
and waste rock (e.g., acid forming); toxicity and quantity of chemicals 
used, produced or discharged; the likelihood of contact with storm 
water; vegetation of site (if any); history of significant leaks/spills 
of toxic or hazardous pollutants. Also include a summary of any 
existing ore or waste rock/overburden characterization data and test 
results for potential generation of acid rock. If any new data is 
acquired due to changes in ore type being mined,

[[Page 17067]]

update your SWPPP with this information.
    6.G.6.1.4  Site Inspections. (See also Part 4.2.7.2.1.5)
    Inspect active mining sites at least monthly. Inspect temporarily 
inactive sites at least quarterly unless adverse weather conditions 
make the site inaccessible.
    6.G.6.1.5  Employee Training. (See also Part 4.2.7.2.1.6)
    Conduct employee training at least annually at active mining and 
temporarily inactive sites.
    6.G.6.1.6  Controls. (See also Part 4.2.7)
    Consider each of the following BMPs. The potential pollutants 
identified in Part 6.G.6.1.3 shall determine the priority and 
appropriateness of the BMPs selected. If you determine that one or more 
of these BMPs are not appropriate for your facility, explain why it is 
not appropriate. If BMPs are implemented or planned but are not listed 
here (e.g., substituting a less toxic chemical for a more toxic one), 
include descriptions of them in your SWPPP.
    6.G.6.1.6.1  Storm Water Diversions. Consider diverting storm water 
away from potential pollutant sources. BMP options: Interceptor/
diversion controls (e.g., dikes, swales, curbs or berms); pipe slope 
drains; subsurface drains; conveyance systems (e.g., channels or 
gutters, open top box culverts and waterbars; rolling dips and road 
sloping; roadway surface water deflector, and culverts); or their 
equivalents.
    6.G.6.1.6.2  Sediment and Erosion Control. (See also Part 
4.2.7.2.2.1)
    At active and temporarily inactive sites consider a range of 
erosion controls within the broad categories of: Flow diversion (e.g., 
swales); stabilization (e.g., temporary or permanent seeding); and 
structural controls (e.g., sediment traps, dikes, silt fences).
    6.G.6.1.6.3  Management of Runoff. (See also Part 4.2.7.2.2.2)
    Consider the potential pollutant sources given in Part 6.G.6.1.3 
when determining reasonable and appropriate measures for managing 
runoff.
    6.G.6.1.6.4  Capping. When capping is necessary to minimize 
pollutant discharges in storm water, identify the source being capped 
and the material used to construct the cap.
    6.G.6.1.6.5   Treatment. If treatment of storm water (e.g., 
chemical or physical systems, oil/water separators, artificial 
wetlands, etc.) from active and temporarily inactive sites is necessary 
to protect water quality, describe the type and location of treatment 
used.
    6.G.6.1.6.6  Certification of Discharge Testing. (See also Part 
4.4.1)
    Test for specific mining-related discharges such as seeps or adit 
discharges or discharges subject to effluent limitations guidelines 
(e.g., 40 CFR part 440), such as mine drainage or process water. 
Alternatively (if applicable), you may certify in your SWPPP that a 
particular discharge comprised of commingled storm water and non-storm 
water is covered under a separate NPDES permit; and that permit 
subjects the non-storm water portion to effluent limitations prior to 
any commingling. This certification shall identify the non-storm water 
discharges, the applicable NPDES permit(s), the effluent limitations 
placed on the non-storm water discharge by the permit(s), and the 
points at which the limitations are applied.

6.G.6.2  SWPPP Requirements for Inactive Metal Mining Facilities

    6.G.6.2.1   Nature of Industrial Activities. (See also Part 
4.2.2.1)
    Briefly describe the mining and associated activities that took 
place at the site that can potentially affect the storm water 
discharges covered by this permit. Include: Approximate dates of 
operation; total acreage within the mine and/or processing site; 
estimate of acres of disturbed earth; activities currently occurring 
onsite (e.g., reclamation); a general description of site location with 
respect to transportation routes and communities.
    6.G.6.2.2  Site Map. (See also Part 4.2.2.3)
    See Part 6.G.6.1.2 for requirements.
    6.G.6.2.3  Potential Pollutant Sources.
    (See also Part 4.2.4) See Part 6.G.6.1.3 for requirements.
    6.G.6.2.4  Controls. (See also Part 4.2.7)
    Consider each of the following BMPs. The potential pollutants 
identified in Part 6.G.6.2.3 shall determine the priority and 
appropriateness of the BMPs selected. If you determine that one or more 
of these BMPs are not appropriate for your facility, explain why it is 
not appropriate. If BMPs are implemented or planned but are not listed 
here (e.g., substituting a less toxic chemical for a more toxic one), 
include descriptions of them in your SWPPP. The non-structural controls 
in the general requirements at Part 4.2.7.2.1 are not required for 
inactive facilities.
    6.G.6.2.4.1   Storm Water Diversions. See Part 6.G.6.1.6.2 for 
requirements.
    6.G.6.2.4.2  Sediment and Erosion Control. (See also Part 
4.2.7.2.2.1)
    See Part 6.G.6.1.6 for requirements.
    6.G.6.2.4.3  Management of Runoff. (See also Part 4.2.7.2.2.2)
    Also consider the potential pollutant sources as described in Part 
6.G.6.2.3 (Summary of Potential Pollutant Sources) when determining 
reasonable and appropriate measures for managing runoff.
    6.G.6.2.4.4  Capping. See Part 6.G.6.1.7 for requirements.
    6.G.6.2.4.5  Treatment. See Part 6.G.6.1.8 for requirements.
    6.G.6.2.5  Comprehensive Site Compliance Evaluation. (See also Part 
4.9)
    Annual site compliance evaluations may be impractical for inactive 
mining sites due to remote location/inaccessibility of the site; in 
which case conduct the evaluation at least once every 3 years. Document 
in the SWPPP why annual compliance evaluations are not possible. If the 
evaluations will be conducted more often than every 3 years, specify 
the frequency of evaluations.

6.G.7  Monitoring and Reporting Requirements

    (See also Part 5)
    6.G.7.1  Analytic Monitoring for Copper Ore Mining and Dressing 
Facilities. Active copper ore mining and dressing facilities must 
sample and analyze storm water discharges for the pollutants listed in 
Table G-1.

   Table G-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Copper Ore Mining and
                                               Dressing Facilities
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
             Subsector 1                     Parameter          cutoff concentration 2      Numeric limitation
----------------------------------------------------------------------------------------------------------------
Copper Ore Mining and Dressing        Total Suspended Solids   100 mg/L.
 Facilities.                           (TSS).
                                      Nitrate plus Nitrite     0.68 mg/L.
                                       Nitrogen.

[[Page 17068]]

 
(SIC 1021)..........................  Chemical Oxygen Demand   120 mg/L.
                                       (COD).
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 Monitoring Years.

    6.G.7.2  Analytic Monitoring Requirements for Discharges From Waste 
Rock and Overburden Piles. For discharges from waste rock and 
overburden piles, perform analytic monitoring at least twice annually 
for the parameters listed in Table G-2. Sample once between January 1 
and June 30 and once between July 1 and December 31, with at least 3 
months separating the storm events. A parameter whose level is below 
the benchmark value in Table G-2 for the first monitoring period of the 
year does not have to be monitored for a second time that year. The 
director may, however, notify you that you must perform additional 
monitoring to accurately characterize the quality and quantity of 
pollutants discharged from your waste rock/overburden piles. Monitoring 
requirements for discharges from waste rock and overburden piles are 
not eligible for the waivers in Part 5.3.

   Table G-2.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Discharges From Waste
                     Rock and Overburden Piles From Active Ore Mining or Dressing Facilities
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Iron Ores; Copper Ores; Lead and      Total Suspended Solids   100 mg/L................
 Zinc Ores; Gold and Silver Ores;      (TSS).
 Ferroalloy Ores Except Vanadium;
 Miscellaneous Metal Ores (SIC Codes
 1011, 1021,1031, 1041, 1044, 1061,
 1081, 1094, 1099).
                                      Turbidity (NTUs).......  5 NTUs above background.
                                      pH.....................  6.0-9.0 standard units..
                                      Hardness (as CaCO3)....  No benchmark value......
See above, as applicable............  Antimony, Total........  0.636 mg/L..............
 
                                      Arsenic, Total.........  0.16854 mg/L............
                                      Beryllium, Total.......  0.13 mg/L...............
                                      Cadmium, Total           0.0159 mg/L.............
                                       (hardness dependent).
                                      Copper, Total (hardness  0.0636 mg/L.............
                                       dependent).
                                      Iron, Total............  1.0 mg/L................
                                      Lead, Total (hardness    0.0816 mg/L.............
                                       dependent).
                                      Manganese, Total.......  1.0 mg/L................
                                      Mercury, Total.........  0.0024 mg/L.............
                                      Nickel, Total (hardness  1.417 mg/L..............
                                       dependent).
                                      Selenium, Total........  0.2385 mg/L.............
                                      Silver, Total (hardness  0.0318 mg/L.............
                                       dependent).
                                      Zinc, Total (hardness    0.117 mg/L .............
                                       dependent).
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor twice annually.

    6.G.7.2.1 Additional Analytic Monitoring Requirements for 
Discharges From Waste Rock and Overburden Piles. Table G-3 contains 
additional monitoring requirements for specific ore mine categories. 
Perform the monitoring biannually using the schedule established in 
Part 6.G.7.2. The initial sampling event for a pollutant parameter 
required in Table G-2 satisfies the requirement for the first sample of 
any pollutant measurement in Table G-3. Compare with the benchmarks as 
given in Table G-2.

[[Page 17069]]



  Table G-3.--Additional Monitoring Requirements for Discharges From Waste Rock and Overburden Piles From Active
                                        Ore Mining or Dressing Facilities
                                           [Supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                     Pollutants of concern
                                              ------------------------------------------------------------------
              Type of ore mined                    Total
                                                 Suspended        pH                   Metals, total
                                               solids (TSS)
----------------------------------------------------------------------------------------------------------------
Tungsten Ore.................................            X             X   Arsenic, Cadmium (H), Copper (H),
                                                                            Lead (H), Zinc (H).
Nickel Ore...................................            X             X   Arsenic, Cadmium (H), Copper (H),
                                                                            Lead (H), Zinc (H).
Aluminum Ore.................................            X             X   Iron.
Mercury Ore..................................            X             X   Nickel (H).
Iron Ore.....................................            X             X   Iron (Dissolved).
Platinum Ore.................................                              Cadmium (H), Copper (H), Mercury,
                                                                            Lead (H), Zinc (H).
Titanium Ore.................................            X             X   Iron, Nickel (H), Zinc (H).
Vanadium Ore.................................            X             X   Arsenic, Cadmium (H), Copper (H),
                                                                            Lead, Zinc (H).
Copper, Lead, Zinc, Gold, Silver and                     X             X   Arsenic, Cadmium (H), Copper (H),
 Molybdenum.                                                                Lead, Mercury, Zinc (H).
Uranium, Radium and Vanadium.................            X             X   Chemical Oxygen Demand, Arsenic,
                                                                            Radium (Dissolved and Total),
                                                                            Uranium, Zinc (H).
----------------------------------------------------------------------------------------------------------------
Note:(H) indicates that hardness must also be measured when this pollutant is measured.

    6.G.7.2.2  Reporting Requirements Storm Water Discharges From Waste 
Rock And Overburden Piles From Active Ore Mining or Dressing 
Facilities. From active ore mining and dressing facilities, submit 
monitoring results for each outfall discharging storm water from waste 
rock and overburden piles, or certifications in accordance with Part 7. 
Submit monitoring reports on discharge monitoring report (DMR) forms 
postmarked no later than January 28 of the next year after the samples 
were collected.

6.H  Sector H--Coal Mines and Coal Mining Related Facilities

6.H.1  Covered Storm Water Discharges

    The requirements in Part 6.H apply to storm water discharges 
associated with industrial activity from Coal Mines and Coal Mining 
Related facilities as identified by the SIC Codes specified under 
Sector H in Table 1-1 of Part 1.2.1.

6.H.2  Industrial Activities Covered by Sector H

    Storm water discharges from the following portions of coal mines 
may be eligible for this permit:
    6.H.2.1  haul roads (nonpublic roads on which coal or coal refuse 
is conveyed);
    6.H.2.2  access roads (nonpublic roads providing light vehicular 
traffic within the facility property and to public roadways);
    6.H.2.3  railroad spurs, siding and internal haulage lines (rail 
lines used for hauling coal within the facility property and to offsite 
commercial railroad lines or loading areas);
    6.H.2.4  conveyor belts, chutes and aerial tramway haulage areas 
(areas under and around coal or refuse conveyer areas, including 
transfer stations); and
    6.H.2.5  equipment storage and maintenance yards, coal handling 
buildings and structures, and inactive coal mines and related areas 
(abandoned and other inactive mines, refuse disposal sites and other 
mining-related areas).

6.H.3  Limitation on Coverage

    6.H.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.2.2) Not covered by this permit: Discharges from pollutant seeps or 
underground drainage from inactive coal mines and refuse disposal areas 
that do not result from precipitation events; and discharges from floor 
drains in maintenance buildings and other similar drains in mining and 
preparation plant areas.
    6.H.3.2  Discharges Subject to Storm Water Effluent Guidelines. 
(See also Part 1.2.3.4) Not authorized by this permit: Storm water 
discharges subject to an existing effluent limitation guideline at 40 
CFR part 434.

6.H.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4 of the MSGP.
    6.H.4.1  Other Applicable Regulations. Most active coal mining-
related areas (SIC Codes 1221-1241) are subject to sediment and erosion 
control regulations of the U.S. Office of Surface Mining (OSM) that 
enforces the Surface Mining Control and Reclamation Act (SMCRA). OSM 
has granted authority to most coal producing states to implement SMCRA 
through State SMCRA regulations. All SMCRA requirements regarding 
control of storm water-related pollutant discharges must be addressed 
in the SWPPP (directly or by reference).
    6.H.4.2   Drainage Area Site Map. (See also Part 4.2.2.3) Also 
identify where any of the following may be exposed to precipitation/
surface runoff: All applicable mining related areas described in Part 
6.H.2; acidic spoil, refuse or unreclaimed disturbed areas, and liquid 
storage tanks containing pollutants such as caustics, hydraulic fluids 
and lubricants.
    6.H.4.3   Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following sources and activities that have potential 
pollutants associated with them: Truck traffic on haul roads and 
resulting generation of sediment subject to runoff and dust generation; 
fuel or other liquid storage; pressure lines containing slurry, 
hydraulic fluid or other potential harmful liquids; and loading or 
temporary storage of acidic refuse/spoil.
    6.H.4.4   Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) 
As part of your good housekeeping program, consider: Using sweepers; 
covered storage; watering haul roads to minimize dust generation; and 
conserving vegetation (where possible) to minimize erosion.
    6.H.4.5   Preventive Maintenance. (See also Part 4.2.7.2.1.3) Also 
perform inspections of storage tanks and pressure lines of fuels, 
lubricants, hydraulic fluid or slurry to prevent leaks due to 
deterioration or faulty connections; or other equivalent measures.
    6.H.4.6   Inspections of Active Mining-Related Areas and Inactive

[[Page 17070]]

Areas Under SMCRA Bond Authority. (See also Part 4.2.7.2.1.5) Perform 
quarterly inspections of areas covered by this permit, corresponding 
with the inspections, as performed by SMCRA inspectors, of all mining-
related areas required by SMCRA. Also maintain the records of the SMCRA 
authority representative.
    6.H.4.7   Sediment and Erosion Control. (See also Part 4.2.7.2.2.1) 
As indicated in Part 6.H.4.1 above, SMCRA requirements regarding 
sediment and erosion control measures are primary requirements of the 
SWPPP for mining-related areas subject to SMCRA authority.
    6.H.4.8   Comprehensive Site Compliance Evaluation. (See also Part 
4.9.2) Include in your evaluation program, inspections for pollutants 
entering the drainage system from activities located on or near coal 
mining-related areas. Among the areas to be inspected: Haul and access 
roads; railroad spurs, sliding and internal hauling lines; conveyor 
belts, chutes and aerial tramways; equipment storage and maintenance 
yards; coal handling buildings/structures; and inactive mines and 
related areas.

6.H.6  Monitoring and Reporting Requirements

    (See also Part 5).

                Table H-1.--Sector-specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Coal Mines and Related Areas (SIC     Total Recoverable        0.75 mg/L.                .......................
 1221-1241).                           Aluminum.
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Total Suspended Solids.  100 mg/L.                 .......................
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.I   Sector I--Oil and Gas Extraction

6.I.1   Covered Storm Water Discharges

    The requirements in Part 6.I apply to storm water discharges 
associated with industrial activity from Oil and Gas Extraction 
facilities as identified by the SIC Codes specified under Sector I in 
Table 1-1 of Part 1.2.1.

6.I.2   Industrial Activities Covered By Sector I

    The types of activities that permittees under Sector I are 
primarily engaged in are:
    6.I.2.1   oil and gas exploration, production, processing or 
treatment operations, or transmission facilities;
    6.I.2.2   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.

6.I.3   Limitations On Coverage

    6.I.3.1   Prohibition of Storm Water Discharges. This permit does 
not authorize contaminated storm water discharges from petroleum 
refining or drilling operations that are subject to nationally 
established BAT or BPT guidelines found at 40 CFR parts 419 and 435, 
respectively. Note: Most contaminated discharges at petroleum refining 
and drilling facilities are subject to these effluent guidelines and 
are not eligible for coverage by this permit.
    6.I.3.2   Prohibition of Non-Storm Water Discharges. Not authorized 
by this permit: Discharges of vehicle and equipment washwater, 
including tank cleaning operations. Alternatively, washwater discharges 
must be authorized under a separate NPDES permit, or be discharged to a 
sanitary sewer in accordance with applicable industrial pretreatment 
requirements.

6.I.4   Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.I.4.1   Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Reportable Quantity (RQ) releases; locations used for the 
treatment, storage or disposal of wastes; processing areas and storage 
areas; chemical mixing areas; construction and drilling areas; all 
areas subject to the effluent guidelines requirements for ``No 
Discharge'' in accordance with 40 CFR 435.32; and the structural 
controls to achieve compliance with the ``No Discharge'' requirements.
    6.I.4.2    Potential Pollutant Sources. (See also Part 4.2.4) Also 
describe the following sources and activities that have potential 
pollutants associated with them: Chemical, cement, mud or gel mixing 
activities; drilling or mining activities; and equipment cleaning and 
rehabilitation activities. In addition, include information about the 
RQ release that triggered the permit application requirements; the 
nature of release (e.g., spill of oil from a drum storage area); the 
amount of oil or hazardous substance released; amount of substance 
recovered; date of the release; cause of the release (e.g., poor 
handling techniques and lack of containment in the area); areas 
affected by the release (i.e., land and water); procedure to clean up 
release; actions or procedures implemented to prevent or improve 
response to a release; and remaining potential contamination of storm 
water from release (taking into account human health risks, the control 
of drinking water intakes and the designated uses of the receiving 
water).
    6.I.4.3   Inspections. (See also Part 4.2.7.2.1.5)
    6.I.4.3.1   Inspection Frequency. Inspect all equipment and areas 
addressed in the SWPPP at a minimum of 6-month intervals. Routinely 
(but not less than quarterly) inspect equipment and vehicles which 
store, mix (including all on and offsite mixing tanks) or transport 
chemicals/hazardous materials (including those transporting supplies to 
oil field activities).
    6.I.4.3.2   Temporarily or Permanently Inactive Oil and Gas 
Extraction Facilities. For these facilities that are remotely located 
and unstaffed, perform the inspections at least annually.
    6.I.4.4   Sediment and Erosion Control. (See also Part 4.2.7.2.2.1) 
Unless covered by the General Permit for Construction Activity, the 
additional sediment and erosion control requirements for well 
drillings, and sand/shale mining areas include the following:
    6.I.4.4.1   Site Description: Also include: a description of the 
nature of the exploration activity; estimates of the total area of site 
and area disturbed due

[[Page 17071]]

to exploration activity; an estimate of runoff coefficient of the site; 
site drainage map, including approximate slopes; and the name of all 
receiving waters. All sediment and erosion control measures must be 
inspected once every seven days.
    6.I.4.4.2   Vegetative Controls: Describe and implement vegetative 
practices designed to preserve existing vegetation where attainable and 
re-vegitate open areas as soon as practicable after grade drilling. 
Consider the following (or equivalent measures): temporary or permanent 
seeding, mulching, sod stabilization, vegetative buffer strips, tree 
protection practices. Begin implementing appropriate vegetative 
practices on all disturbed areas within 14 days following the last 
activity in that area.
    6.I.4.5   Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.I.4.5.1   Vehicle and Equipment Storage Areas. Confine vehicles/
equipment awaiting or having undergone maintenance to designated areas 
(as marked on site map). Describe and implement measures to minimize 
contaminants from these areas (e.g., drip pans under equipment, indoor 
storage, use of berms or dikes, or other equivalent measures).
    6.I.4.5.2   Material and Chemical Storage Areas. Maintain these 
areas in good conditions to prevent contamination of storm water. 
Plainly label all hazardous materials.
    6.I.4.5.3   Chemical Mixing Areas. (See also Part 4.4) Describe and 
implement measures that prevent or minimize contamination of storm 
water runoff from chemical mixing areas.

6.J  Sector J--Mineral Mining and Dressing

6.J.1  Covered Storm Water Discharges

    The requirements in Part 6.J apply to storm water discharges 
associated with industrial activity from active and inactive mineral 
mining and dressing facilities as identified by the SIC Codes specified 
under Sector J in Table 1-1 of Part 1.2.1.

6.J.2  Industrial Activities Covered by Sector J

    The types of activities that permittees under Sector J are 
primarily engaged in are:
    6.J.2.1  exploring for minerals (e.g., stone, sand, clay, chemical 
and fertilizer minerals, non-metallic minerals, etc.), developing mines 
and the mining of minerals; and
    6.J.2.2  mineral dressing, and non-metallic mineral services.

6.J.3  Limitations on Coverage

    Not authorized by this permit: most storm water discharges subject 
to an existing effluent limitation guideline at 40 CFR part 436. The 
exceptions to this limitation and which are therefore covered by the 
MSGP-2000 are mine dewatering discharges composed entirely of storm 
water or ground water seepage from: construction sand and gravel, 
industrial sand, and crushed stone mining facilities in Arizona.

6.J.4  Definitions

    6.J.4.1  Mining Operation--typically consists of three-phases, any 
one of which individually qualifies as a ``mining activity.'' The 
phases are the exploration and construction phase, the active phase and 
the reclamation phase.
    6.J.4.2  Exploration and Construction Phase--entails exploration 
and land disturbance activities to determine the financial viability of 
a site. Construction includes the building of site access roads and 
removal of overburden and waste rock to expose mineable minerals.
    6.J.4.3  Active Phase--activities including each step from 
extraction through production of a salable product.
    6.J.4.4  Reclamation phase--activities intended to return the land 
to its pre-mining state.

    Note: The following definitions are not intended to supercede 
the definitions of active and inactive mining facilities established 
by 40 CFR 122.26(b)(14)(iii).

    6.J.4.5   Active Mineral Mining Facility--a place where work or 
other activity related to the extraction, removal or recovery of 
minerals is being conducted. This definition does not include any land 
where grading has returned the earth to a desired contour and 
reclamation has begun.
    6.J.4.6   Inactive Mineral Mining Facility--a site or portion of a 
site where mineral mining and/or dressing occurred in the past but is 
not an active facility as defined above, and where the inactive portion 
is not covered by an active permit issued by the applicable State or 
Federal government agency.
    6.J.4.7   Temporarily Inactive Mineral Mining Facility--a site or 
portion of a site where mineral mining and/or dressing occurred in the 
past but currently are not being actively undertaken, and the facility 
is covered by an active mining permit issued by the applicable State or 
Federal government agency.

6.J.5  Clearing, Grading and Excavation Activities

    Clearing, grading and excavation (activities typically associated 
with the exploration and construction phase of a mining operation, but 
may also apply to active mining operations such as the expansion of 
existing pits) cannot be covered under this permit if these activities 
will disturb 5 or more acres of land. If the land disturbance is from 1 
to 5 acres, you may or may not be able to utilize the MSGP-2000 to 
cover your clearing, grading and excavation activities. All mining 
activities disturbing less than 1 acre must continue to comply with the 
requirements of this permit. The 5-acre cut-off may not be simply 
determined by the extent of earth disturbance at a given time, rather 
it could depend on whether there is a ``common plan of development or 
sale'' totaling 5 acres (i.e., a plan to disturb, or the possibility of 
disturbing, at least 5 acres at some later date). For further 
information on common plan of development or sale, refer to the EPA's 
General Permit for Storm Water Discharges from Construction Activities 
(the ``Construction General Permit;'' Federal Register, Vol. 63, p. 
7858).
    6.J.5.1   Requirements for Activities Disturbing 5 or More Acres of 
Earth. If the 5-acre limit as defined in Part 6.G.5 is attained, 
coverage for these activities must be under the latest version of EPA's 
General Permit for Storm Water Discharges from Construction Activities 
(the ``Construction General Permit''), or an applicable State-issued 
permit. You must obtain and comply with the Construction General 
Permit's requirements before submitting the separate Construction 
General Permit Notice of Intent (NOI) form (EPA Form 3510-9) to obtain 
coverage. The February 17, 1998 version of the permit can be downloaded 
from the EPA's Web Site at www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf or obtained from the Office of Water Resource Center at 
202.260.7786. The NOI form is also available from the Web Site at 
www.epa.gov/owm/sw/construction/connoi.pdf or from your EPA Regional 
office at the address listed under Part 8.3. Discharges in compliance 
with the provisions of the Construction General Permit are also 
authorized under the MSGP.
    6.J.5.2  Requirements for Activities Disturbing From 1 to 5 Acres 
of Earth. For earth disturbances of 1 to 5 acres, coverage of mining 
activities under a construction permit may be required pursuant to the 
Regulations for Revision of the Water Pollution Control Program 
Addressing Storm Water Discharges (also known as the Storm Water Phase 
II Rule; see Federal Register, Vol. 64, p. 68722). Under these 
regulations there are provisions that allow certain dischargers to 
waive out of the Phase II

[[Page 17072]]

construction permit requirement, so you must refer to the Phase II Rule 
to determine the waivers' applicability to your site. If you choose to 
waive out of the Phase II construction permit requirement, you still 
must maintain compliance with the MSGP-2000. As of the publication date 
of the MSGP-2000, there is not yet available a construction permit for 
land disturbances of 1 to 5 acres. This permit may be available at any 
time up to March 10, 2003. Until such time when application for 
coverage under the Phase II construction permit is required, compliance 
with the MSGP-2000 must be maintained. Alternatively, you may opt to 
apply for coverage under the CGP as per Part 6.G.5.1 at any time. 
Information and updates on the Phase II Rule can be obtained from the 
EPA's Web Site at www.epa.gov/owm/sw/phase2/index.htm.
    6.J.5.3  Cessation of Earth Disturbing Activities. If exploration 
phase clearing, grading and excavation activities are completed and no 
further mining activities will occur at the site, you must comply with 
the requirements for terminating the Construction General Permit (i.e., 
stabilize the disturbed land, submit a Notice of Termination, etc.). If 
further mining activities will occur, you may opt for either of the 
following: maintain coverage under the CGP (i.e., maintain BMPs, 
perform inspections, etc.) and apply for coverage under the MSGP for 
those discharges associated with mineral mining and dressing activities 
that will occur under the active and reclamation phases; or terminate 
coverage under the CGP and apply for coverage under the MSGP for all 
discharges from the site.

6.J.6  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4 of the MSGP.
    6.J.6.1  Inspections. (See also Part 4.2.7.2.1.5) Conduct quarterly 
visual inspections of all BMPs at active mining facilities. At 
temporarily or permanently inactive facilities, perform annual 
inspections. Include in your inspection program: assessment of the 
integrity of storm water discharge diversions, conveyance systems, 
sediment control and collection systems and containment structures; 
inspections to determine if soil erosion has occurred at, or as a 
result of vegetative BMPs, serrated slopes and benched slopes; 
inspections of material handling and storage areas and other potential 
sources of pollution for evidence of actual or potential discharges of 
contaminated storm water.

6.J.7  Monitoring and Reporting Requirements. (See also Part 5)

                Table J-2.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                  Benchmark monitoring
             Subsector 1                      Parameter          cutoff concentration 2    Numeric limitation 3
----------------------------------------------------------------------------------------------------------------
Mine Dewatering Activities at          Total Suspended Solids.    .....................  45 mg/L, daily max.
 Construction Sand and Gravel Stone      .....................    .....................
 Mining Facilities (SIC 1422-1429,     pH.....................    .....................  6.0-9.0.
 1442, 1446).
Sand and Gravel Mining (SIC 1442,      Nitrate plus Nitrite     0.68 mg/L.
 1446).                                 Nitrogen.
                                       Total Suspended Solids.  100 mg/L.
Dimension and Crushed Stone and        Total Suspended Solids.  100 mg/L.
 Nonmetallic Minerals (except fuels)
 (SIC 1411, 1422-1429, 1481, 1499).
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 Monitoring Years.
3 Monitor once/year for Each Monitoring Year.

6.K  Sector K--Hazardous Waste Treatment, Storage or Disposal 
Facilities

6.K.1  Covered Storm Water Discharges

    The requirements in Part 6.K apply to storm water discharges 
associated with industrial activity from Hazardous Waste Treatment, 
Storage or Disposal facilities as identified by the Activity Code 
specified under Sector K in Table 1-1 of Part 1.2.1.

6.K.2  Industrial Activities Covered by Sector K

    This permit authorizes storm water discharges associated with 
industrial activity from facilities that treat, store or dispose of 
hazardous wastes, including those that are operating under interim 
status or a permit under subtitle C of RCRA.

6.K.3  Limitations on Coverage

    For facilities located in Region 6, coverage is limited to 
Hazardous Waste Treatment Storage or Disposal Facilities (TSDF's) that 
are self-generating or handle residential wastes only and to those 
facilities that only store hazardous wastes and do not treat or 
dispose. Those permits are issued by EPA Region 6 for Louisiana 
(LAR05*###), New Mexico (NMR05*###), Oklahoma (OKR05*###), and Federal 
Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F, 
or TXR05*##F). Coverage under this permit is not available to 
commercial hazardous waste disposal / treatment facilities located in 
Region 6 that dispose and treat on a commercial basis any produced 
hazardous wastes (not their own) as a service to generators.
    6.K.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not authorized by this permit: Leachate, gas collection 
condensate, drained free liquids, contaminated ground water, 
laboratory-derived wastewater and contact washwater from washing truck 
and railcar exteriors and surface areas which have come in direct 
contact with solid waste at the landfill facility.

6.K.4  Definitions

    6.K.4.1  Contaminated storm water--storm water which comes in 
direct contact with landfill wastes, the waste handling and treatment 
areas, or landfill wastewater as defined in Part 6.K.4.5. Some specific 
areas of a landfill that may produce contaminated storm water include 
(but are not limited to): The open face of an active landfill with 
exposed waste (no cover added); the areas around wastewater treatment 
operations; trucks, equipment or machinery that has been in direct 
contact with the waste; and waste dumping areas.
    6.K.4.2  Drained free liquids--aqueous wastes drained from waste

[[Page 17073]]

containers (e.g., drums, etc.) prior to landfilling.
    6.K.4.3  Land treatment facility--a facility or part of a facility 
at which hazardous waste is applied onto or incorporated into the soil 
surface; such facilities are disposal facilities if the waste will 
remain after closure.
    6.K.4.4  Landfill--an area of land or an excavation in which wastes 
are placed for permanent disposal, that is not a land application or 
land treatment unit, surface impoundment, underground injection well, 
waste pile, salt dome formation, a salt bed formation, an underground 
mine or a cave as these terms are defined in 40 CFR 257.2, 258.2 and 
260.10.
    6.K.4.5  Landfill wastewater--as defined in 40 CFR part 445 
(Landfills Point Source Category) all wastewater associated with, or 
produced by, landfilling activities except for sanitary wastewater, 
non-contaminated storm water, contaminated groundwater, and wastewater 
from recovery pumping wells. Landfill wastewater includes, but is not 
limited to, leachate, gas collection condensate, drained free liquids, 
laboratory derived wastewater, contaminated storm water and contact 
washwater from washing truck, equipment, and railcar exteriors and 
surface areas which have come in direct contact with solid waste at the 
landfill facility.
    6.K.4.6  Leachate--liquid that has passed through or emerged from 
solid waste and contains soluble, suspended, or miscible materials 
removed from such waste.
    6.K.4.7  Non-contaminated storm water--storm water which does not 
come into direct contact with landfill wastes, the waste handling and 
treatment areas, or landfill wastewater as defined in Part 6.K.4.5. 
Non-contaminated storm water includes storm water which flows off the 
cap, cover, intermediate cover, daily cover, and/or final cover of the 
landfill.
    6.K.4.8  Pile--any non-containerized accumulation of solid, 
nonflowing hazardous waste that is used for treatment or storage and 
that is not a containment building.
    6.K.4.9  Surface impoundment--a facility or part of a facility 
which is a natural topographic depression, man-made excavation or diked 
area formed primarily of earthen materials (although it may be lined 
with man-made materials), which is designed to hold an accumulation of 
liquid wastes or wastes containing free liquids, and which is not an 
injection well. Examples of surface impoundments are holding, storage, 
settling, and aeration pits, ponds and lagoons.

6.K.5  Numeric Limitations, Monitoring and Reporting Requirements

    (See also Part 5)

        Table K-1.--Sector-specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\   Numeric limitation \3\
----------------------------------------------------------------------------------------------------------------
ALL--Industrial Activity Code ``HZ''  Ammonia................  19.0 mg/L...............
  (Note: permit coverage limited in
            some States)
                                      Total Recoverable        0.0636 mg/L.............
                                       Magnesium.
                                      Chemical Oxygen Demand   120.0 mg/L..............
                                       (COD).
                                      Total Recoverable        0.16854 mg/L............
                                       Arsenic.
                                      Total Recoverable        0.0159 mg/L.............
                                       Cadmium.
                                      Total Cyanide..........  0.0636 mg/L.............
                                      Total Recoverable Lead.  0.0816 mg/L.............
                                      Total Recoverable        0.0024 mg/L.............
                                       Mercury.
                                      Total Recoverable        0.2385 mg/L.............
                                       Selenium.
                                      Total Recoverable        0.0318 mg/L.............
                                       Silver.
ALL--Industrial Activity Code ``HZ''  BOD5...................    ......................  220 mg/l, daily max.
 Subject to the Provisions of 40 CFR                                                     56 mg/l, monthly avg
 Part 445 Subpart A.                                                                      maximum.
                                      TSS....................    ......................  88 mg/l, daily max.P27
                                                                                          mg/l, monthly ave
                                                                                          maximum.
                                      Ammonia................    ......................  10 mg/l, daily maximum.
                                        .....................    ......................  4.9 mg/l, monthly avg.
                                                                                          maximum.
                                      Alpha Terpineol........    ......................  0.042 mg/l, daily max.
                                                                                         0.019 mg/l, monthly
                                                                                          avg. maximum.
                                      Aniline................    ......................  0.024 mg/l, daily max.
                                                                                         0.015 mg/l, monthly
                                                                                          avg. maximum.
                                      Benzoic Acid...........    ......................  0.119 mg/l, daily max.
                                                                                         0.073 mg/l, monthly
                                                                                          avg. maximum.
                                      Naphthalene............    ......................  0.059 mg/l, daily max.
                                                                                         0.022 mg/l, monthly
                                                                                          avg. maximum.
                                      p-Cresol...............    ......................  0.024 mg/l, daily max.
                                                                                         0.015 mg/l, monthly
                                                                                          avg. maximum.
                                      Phenol.................    ......................  0.048 mg/l, daily max.
                                                                                         0.029 mg/l, monthly
                                                                                          avg. maximum.
                                      Pyridine...............    ......................  0.072 mg/l, daily max.
                                                                                         0.025 mg/l, monthly
                                                                                          avg. maximum.

[[Page 17074]]

 
                                      Arsenic (Total)........    ......................  1.1 mg/l, daily
                                                                                          maximum.
                                                                                         0.54 mg/l, monthly avg.
                                                                                          maximum.
                                      Chromium (Total).......    ......................  1.1 mg/l, daily
                                                                                          maximum.
                                                                                         0.46 mg/l, monthly avg.
                                                                                          maximum.
                                      Zinc (Total)...........    ......................  0.535 mg/l, daily max.
                                                                                         0.296 mg/l, monthly
                                                                                          avg. maximum.
                                      pH.....................    ......................  Within the range of 6-9
                                                                                          pH units.
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
  activity other than contaminated storm water discharges from landfills subject to the numeric effluent
  limitations set forth in Table K-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
\3\ As set forth at 40 CFR part 445 subpart A, these numeric limitations apply to contaminated storm water
  discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR parts 264
  (subpart N) and 265 (subpart N) except for any of the facilities described below:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill only
  receives wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
  wastes generated by the industrial or commercial operation directly associated with the landfill and also
  receives other wastes provided the other wastes received for disposal are generated by a facility that is
  subject to the same provisions in 40 CFR subchapter N as the industrial or commercial operation or the other
  wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR part
  437 so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for
  discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility
  discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its
  landfill only with wastewater from other landfills; or
(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
  wastes from public service activities so long as the company owning the landfill does not receive a fee or
  other remuneration for the disposal service.
For the discharges subject to the numeric effluent limitations, monitoring for the specified parameters is
  required once/year during each year of the term of the permit.

6.L  Sector L--Landfills, Land Application Sites and Open Dumps

6.L.1  Covered Storm Water Discharges

    The requirements in Part 6.L apply to storm water discharges 
associated with industrial activity from Landfills and Land Application 
Sites and Open Dumps as identified by the Activity Codes specified 
under Sector L in Table 1-1 of Part 1.2.1.

6.L.2  Industrial Activities Covered by Sector L

    This permit may authorize storm water discharges for Sector L 
facilities associated with waste disposal at landfills, land 
application sites and open dumps that receive or have received 
industrial waste, including sites subject to regulation under Subtitle 
D of RCRA.

6.L.3   Limitations on Coverage

    6.L.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1)
    Not authorized by this permit: Leachate, gas collection condensate, 
drained free liquids, contaminated ground water, laboratory wastewater, 
and contact washwater from washing truck and railcar exteriors and 
surface areas which have come in direct contact with solid waste at the 
landfill facility.

6.L.4  Definitions

    6.L.4.1  Contaminated storm water--storm water which comes in 
direct contact with landfill wastes, the waste handling and treatment 
areas, or landfill wastewater. Some specific areas of a landfill that 
may produce contaminated storm water include (but are not limited to): 
The open face of an active landfill with exposed waste (no cover 
added); the areas around wastewater treatment operations; trucks, 
equipment or machinery that has been in direct contact with the waste; 
and waste dumping areas.
    6.L.4.2  Drained free liquids--aqueous wastes drained from waste 
containers (e.g., drums, etc.) prior to landfilling.
    6.L.4.3  Landfill wastewater--as defined in 40 CFR part 445 
(Landfills Point Source Category) all wastewater associated with, or 
produced by, landfilling activities except for sanitary wastewater, 
non-contaminated storm water, contaminated groundwater, and wastewater 
from recovery pumping wells. Landfill process wastewater includes, but 
is not limited to, leachate, gas collection condensate, drained free 
liquids, laboratory derived wastewater, contaminated storm water and 
contact washwater from washing truck, equipment and railcar exteriors 
and surface areas which have come in direct contact with solid waste at 
the landfill facility.
    6.L.4.4  Leachate--liquid that has passed through or emerged from 
solid waste and contains soluble, suspended or miscible materials 
removed from such waste.
    6.L.4.5  Non-contaminated storm water--storm water which does not 
come in direct contact with landfill wastes, the waste handling and 
treatment areas, or landfill wastewater. Non-contaminated storm water 
includes storm water which flows off the cap, cover, intermediate 
cover, daily cover, and/or final cover of the landfill.

6.L.5  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in part 4.
    6.L.5.1  Drainage Area Site Map. (See also Part 4.2.2.3)
    Identify where any of the following may be exposed to 
precipitation/ surface

[[Page 17075]]

runoff: Active and closed landfill cells or trenches, 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, leachate 
collection and handling systems.
    6.L.5.2  Summary of Potential Pollutant Sources. (See also Part 
4.2.4)
    Describe the following sources and activities that have potential 
pollutants associated with them: Fertilizer, herbicide and pesticide 
application; earth/soil moving; waste hauling and loading/unloading; 
outdoor storage of significant materials including daily, interim and 
final cover material stockpiles as well as temporary waste storage 
areas; exposure of active and inactive landfill and land application 
areas; uncontrolled leachate flows; failure or leaks from leachate 
collection and treatment systems.
    6.L.5.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    As part of your good housekeeping program, consider providing 
protected storage areas for pesticides, herbicides, fertilizer and 
other significant materials.
    6.L.5.4  Preventative Maintenance Program. (See also Part 4.2.7.1)
    As part of your preventive maintenance program, maintain: All 
containers used for outdoor chemical/significant materials storage to 
prevent leaking; all elements of leachate collection and treatment 
systems to prevent commingling of leachate with storm water; the 
integrity and effectiveness of any intermediate or final cover 
(including repairing the cover as necessary to minimize the effects of 
settlement, sinking and erosion).

6.L.5.5  Inspections.

    6.L.5.5.1   Inspections of Active Sites. (See also Part 
4.2.7.2.1.2) Inspect operating landfills, open dumps and land 
application sites at least once every 7 days. Focus on areas of 
landfills that have not yet been finally stabilized, active land 
application areas, areas used for storage of material/wastes that are 
exposed to precipitation, stabilization and structural control 
measures, leachate collection and treatment systems, and locations 
where equipment and waste trucks enter/exit the site. Ensure that 
sediment and erosion control measures are operating properly. For 
stabilized sites and areas where land application has been completed, 
or where the climate is seasonally arid (annual rainfall averages from 
0 to 10 inches) or semi-arid (annual rainfall averages from 10 to 20 
inches), conduct inspections at least once every month.
    6.L.5.5.2  Inspections of Inactive Sites. (See also Part 
4.2.7.2.1.5) Inspect inactive landfills, open dumps and land 
application sites at least quarterly. Qualified personnel must inspect 
landfill (or open dump) stabilization and structural erosion control 
measures and leachate collection and treatment systems, and all closed 
land application areas.
    6.L.5.6  Recordkeeping and Internal Reporting. Implement a tracking 
system for the types of wastes disposed of in each cell or trench of a 
landfill or open dump. For land application sites, track the types and 
quantities of wastes applied in specific areas.
    6.L.5.7  Non-Storm Water Discharge Test Certification. (See also 
Part 4.) The discharge test and certification must also be conducted 
for the presence of leachate and vehicle washwater.
    6.L.5.8  Sediment and Erosion Control Plan. (See also Part 
4.2.7.2.2.1) Provide temporary stabilization (e.g., consider temporary 
seeding, mulching and placing geotextiles on the inactive portions of 
stockpiles): For materials stockpiled for daily, intermediate and final 
cover; for inactive areas of the landfill or open dump; for any 
landfill or open dump area that have gotten final covers but where 
vegetation has yet to established itself; and where waste application 
has been completed at land application sites but final vegetation has 
not yet been established.
    6.L.5.9  Comprehensive Site Compliance Evaluation. (See also Part 
4.9.2) Evaluate areas contributing to a storm water discharge 
associated with industrial activities at landfills, open dumps and land 
application sites for evidence of, or the potential for, pollutants 
entering the drainage system.

6.L.6  Numeric Limitations, Monitoring and Reporting Requirements

    (See also Part 5)

        Table L-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
                             [Section of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                  Benchmark monitoring
             Subsector 1                      Parameter          cutoff concentration 2    Numeric limitation 3
----------------------------------------------------------------------------------------------------------------
All Landfill, Land Application Sites   Total Suspended Solids   100 mg/L.                .......................
 and Open Dumps (Industrial Activity    (TSS).
 Code ``LF'').
All Landfill, Land Application Sites   Total Recoverable Iron.  1.0 mg/L.                .......................
 and Open Dumps, Except Municipal
 Solid Waste Landfill (MSWLF) Areas
 Closed in Accordance with 40 CFR
 258.60 (Industrial Activity Code
 ``LF'').
All Landfills Which are Subject to     BOD5...................  .......................  140 mg/l, daily max.
 the Requirements of 40 CFR Part 445                                                     37 mg/l, monthly ave
 Subpart B (Industrial Activity Code                                                      maximum.
 ``LF'').
                                       TSS....................  .......................  88 mg/l, daily max.
                                                                                         27 mg/l, monthly ave
                                                                                          maximum.
                                       Ammonia................  .......................  10 mg/l, daily max.
                                                                                         4.9 mg/l, monthly ave
                                                                                          maximum.
                                       Alpha Terpineol........  .......................  0.033 mg/l, daily max.
                                                                                         0.016 mg/l, monthly ave
                                                                                          maximum.
                                       Benzoic Acid...........  .......................  0.12 mg/l, daily max.
                                                                                         0.071 mg/l, monthly ave
                                                                                          maximum.
                                       p-Cresol...............  .......................  0.025 mg/l, daily max.
                                                                                         0.014 mg/l, monthly ave
                                                                                          maximum.

[[Page 17076]]

 
                                       Phenol.................  .......................  0.026 mg/l, daily max.
                                                                                         0.015 mg/l, monthly ave
                                                                                          maximum.
                                       Zinc (Total)...........  .......................  0.20 mg/l, daily max.
                                                                                         0.11 mg/l, monthly ave
                                                                                          maximum.
                                       pH.....................  .......................  Within the range of 6-9
                                                                                          pH units.
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
  activity other than contaminated storm water discharges from landfills subject to the numeric effluent
  limitations set forth in Table L-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
3 As set forth at 40 CFR part 445 subpart B, these numeric limitations apply to contaminated storm water
  discharges from MSWLFs which have not been closed in accordance with 40 CFR 258.60, and contaminated storm
  water discharges from those landfills which are subject to the provisions of 40 CFR part 257 except for
  discharges from any of facilities described in (a) through (d) below:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill only
  receives wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
  wastes generated by the industrial or commercial operation directly associated with the landfill and also
  receives other wastes provided the other wastes received for disposal are generated by a facility that is
  subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or the other
  wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR part
  437 so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for
  discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility
  discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its
  landfill only with wastewater from other landfills; or
(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
  wastes from public service activities so long as the company owning the landfill does not receive a fee or
  other remuneration for the disposal service.
For the discharges subject to the numeric effluent limitations, monitoring for the specified parameters is
  required once/year during each year of the term of the permit.

6.M  Sector M--Automobile Salvage Yards

6.M.1  Covered Storm Water Discharges

    The requirements in Part 6.M apply to storm water discharges 
associated with industrial activity from Automobile Salvage Yards as 
identified by the Activity Code specified under Sector M in Table 1-1 
of Part 1.2.1.

6.M.2  Industrial Activities Covered by Sector M

    The types of activities that permittees under Sector M are 
primarily engaged in are dismantling or wrecking used motor vehicles 
for parts recycling/resale and for scrap.

6.M.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.M.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Indicate 
the location of each monitoring point, and estimate the total acreage 
used for industrial activity including, but not limited to, 
dismantling, storage and maintenance of used motor vehicle parts. Also 
identify where any of the following may be exposed to precipitation/
surface runoff: dismantling areas; parts (e.g., engine blocks, tires, 
hub caps, batteries, hoods, mufflers) storage areas; liquid storage 
tanks and drums for fuel and other fluids.
    6.M.3.2  Potential Pollutant Sources. (See also Part 4.2.4) Assess 
the potential for the following to contribute pollutants to storm water 
discharges: Vehicle storage areas; dismantling areas; parts storage 
area (e.g., engine blocks, tires, hub caps, batteries, hoods, 
mufflers); fueling stations.
    6.M.3.3  Spill and Leak Prevention Procedures. (See also Part 
4.2.7.2.1.4) Drain vehicles intended to be dismantled of all fluids 
upon arrival at the site (or as soon thereafter as feasible); or employ 
some other equivalent means to prevent spills/leaks.
    6.M.3.4  Inspections. (See also Part 4.2.7.2.1.5) Immediately (or 
as soon thereafter as feasible) inspect vehicles arriving at the site 
for leaks. Inspect quarterly for signs of leakage, all equipment 
containing oily parts, hydraulic fluids or any other types of fluids. 
Also inspect quarterly for signs of leakage, all vessels and areas 
where fluids are stored, including, but not limited to, brake fluid, 
transmission fluid, radiator water and antifreeze.
    6.M.3.5  Employee Training. (See also Part 4.2.7.2.1.6) If 
applicable to your facility, address the following areas (at a minimum) 
in your employee training program: proper handling (collection, 
storage, and disposal) of oil, used mineral spirits, anti-freeze and 
solvents.
    6.M.3.6  Management of Runoff. (See also Part 4.2.7.2.2.2) Consider 
the following management practices: Berms or drainage ditches on the 
property line (to help prevent run-on from neighboring properties); 
berms for uncovered outdoor storage of oily parts, engine blocks and 
above-ground liquid storage; installation of detention ponds; and the 
installation of filtering devices and oil/water separators.

6.M.4  Monitoring and Reporting Requirements

    (See also Part 5)

[[Page 17077]]



                    Table M-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Automobile Salvage Yards (SIC 5015).  Total Suspended Solids   100.0 mg/L.               .......................
                                       (TSS).
                                      Total Recoverable        0.75 mg/L.                .......................
                                       Aluminum.
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Total Recoverable Lead.  0.0816 mg/L.              .......................
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 monitoring years.

6.N  Sector N--Scrap Recycling and Waste Recycling Facilities

6.N.1  Covered Storm Water Discharges

    The requirements in Part N apply to storm water discharges 
associated with industrial activity from Scrap Recycling and Waste 
Recycling facilities as identified by the SIC Codes specified under 
Sector N in Table 1-1 of Part 1.2.1.

6.N.2  Industrial Activities Covered by Sector N

    The types of activities that permittees under Sector N are 
primarily engaged in are:
    6.N.2.1  processing, reclaiming and wholesale distribution of scrap 
and waste materials such as ferrous and nonferrous metals, paper, 
plastic, cardboard, glass, animal hides;
    6.N.2.2  reclaiming and recycling liquid wastes such as used oil, 
antifreeze, mineral spirits and industrial solvents.

6.N.3  Coverage Under This Permit

    Separate permit requirements have been established for recycling 
facilities that only receive source-separated recyclable materials 
primarily from non-industrial and residential sources (i.e., common 
consumer products including paper, newspaper, glass, cardboard, plastic 
containers, aluminum and tin cans). This includes recycling facilities 
commonly referred to as material recovery facilities (MRF).
    6.N.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.2.2) Not covered by this permit: Non-storm water discharges from 
turnings containment areas (see also Part 6.N.5.1.3). Discharges from 
containment areas in the absence of a storm event are prohibited unless 
covered by a separate NPDES permit.

6.N.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4 of the MSGP. Part 6.N.4.1 
contains a requirement that applies to all recycling facilities and is 
followed by Parts 6.N.4.2 to 6.N.4.4.4, which have requirements for 
specific types of recycling facilities. Implement and describe in your 
SWPPP a program to address those items that apply. Included are lists 
of BMP options which, along with any functional equivalents, should be 
considered for implementation. Selection or deselection of a particular 
BMP or approach is up to the best professional judgement of the 
operator, as long as the objective of the requirement is met.
    6.N.4.1  Drainage Area Site Map. (See also Part 4.2.2.3)
    Identify the locations of any of the following activities or 
sources which may be exposed to precipitation/surface runoff: Scrap and 
waste material storage, outdoor scrap and waste processing equipment, 
and containment areas for turnings exposed to cutting fluids.
    6.N.4.2  Scrap and Waste Recycling Facilities (Non-Source 
Separated, Non-Liquid Recyclable Materials). Requirements for 
facilities that receive, process and do wholesale distribution of non-
liquid recyclable wastes (e.g., ferrous and nonferrous metals, 
plastics, glass, cardboard and paper). These facilities may receive 
both nonrecyclable and recyclable materials. This section is not 
intended for those facilities that only accept recyclables from 
primarily non-industrial and residential sources.
    6.N.4.2.1  Inbound Recyclable and Waste Material Control Program. 
Minimize the chance of accepting materials that could be significant 
sources of pollutants by conducting inspections of inbound recyclables 
and waste materials. BMP options: (a) Provide information/education to 
suppliers of scrap and recyclable waste materials on draining and 
properly disposing of residual fluids (e.g., from vehicles and 
equipment engines, radiators and transmissions, oil filled transformers 
and individual containers or drums), prior to delivery to your 
facility; (b) procedures to minimize the potential of any residual 
fluids from coming into contact with precipitation/runoff; (c) 
procedures for accepting scrap lead-acid batteries (additional 
requirements for the handling, storage and disposal or recycling of 
batteries are contained in the scrap lead-acid battery program 
provisions in N.5.1.6); (d) training targeted for those personnel 
engaged in the inspection and acceptance of inbound recyclable 
materials. In addition, (e) liquid wastes, including used oil, must be 
stored in materially compatible and non-leaking containers and disposed 
or recycled in accordance with RCRA.
    6.N.4.2.2  Scrap and Waste Material Stockpiles/Storage (Outdoor). 
Minimize contact of storm water runoff with stockpiled materials, 
processed materials and non-recyclable wastes. BMP options: (a) 
Permanent or semi-permanent covers; (b) to facilitate settling or 
filtering of pollutants: Sediment traps, vegetated swales and strips, 
catch basin filters and sand filters; (c) divert runoff away from 
storage areas via dikes, berms, containment trenches, culverts and 
surface grading; (d) silt fencing; (e) oil/water separators, sumps and 
dry absorbents for areas where potential sources of residual fluids are 
stockpiled (e.g., automobile engine storage areas).
    6.N.4.2.3  Stockpiling of Turnings Exposed to Cutting Fluids 
(Outdoor). Minimize contact of surface runoff with residual cutting 
fluids. BMP options (use singularly or in combination): (a) Store all 
turnings exposed to cutting fluids under some form of permanent or 
semi-permanent cover. Storm water discharges from these areas are 
permitted provided the runoff is first treated by an oil/water 
separator or its equivalent. Identify procedures to collect, handle and 
dispose/recycle residual fluids which may be present; (b) establish 
dedicated containment areas for all turnings that have been

[[Page 17078]]

exposed to cutting fluids. Storm water runoff from these areas can be 
discharged provided: The containment areas are constructed of either 
concrete, asphalt or other equivalent types of impermeable material; 
there is a barrier around the perimeter of the containment areas (e.g., 
berms, curbing, elevated pads, etc.) to prevent contact with storm 
water run-on; there is a drainage collection system for runoff 
generated from containment areas; you have a schedule to maintain the 
oil/water separator (or its equivalent); and you identify procedures 
for properly disposing or recycling collected residual fluids.
    6.N.4.2.4  Scrap and Waste Material Stockpiles/Storage (Covered or 
Indoor Storage). Minimize contact of residual liquids and particulate 
matter from materials stored indoors or under cover with surface 
runoff. BMP options: (a) Good housekeeping measures including the use 
of dry absorbent or wet vacuuming to contain or dispose/recycle 
residual liquids originating from recyclable containers; (b) not 
allowing washwater from tipping floors or other processing areas to 
discharge to the storm sewer system; (c) disconnect or seal off all 
floor drains connected to the storm sewer system.
    6.N.4.2.5  Scrap and Recyclable Waste Processing Areas. Minimize 
surface runoff from coming in contact with scrap processing equipment. 
Pay attention to operations that generate visible amounts of 
particulate residue (e.g., shredding) to minimize the contact of 
accumulated particulate matter and residual fluids with runoff (i.e., 
through good housekeeping, preventive maintenance, etc.). BMP options: 
(a) Regularly inspect equipment for spills/leaks, and malfunctioning/
worn/corroded parts or equipment; (b) a preventive maintenance program 
for processing equipment; (c) use of dry-absorbents or other cleanup 
practices to collect and dispose/recycle spilled/leaking fluids; (d) on 
unattended hydraulic reservoirs over 150 gallons in capacity, install 
such protection devices as low-level alarms or other equivalent 
devices, or, alternatively, secondary containment that can hold the 
entire volume of the reservoir; (e) containment or diversion structures 
such as dikes, berms, culverts, trenches, elevated concrete pads, 
grading to minimize contact of storm water runoff with outdoor 
processing equipment or stored materials; (f) oil/water separators or 
sumps; (g) permanent or semi-permanent covers in processing areas where 
there are residual fluids and grease; (h) retention/detention ponds or 
basins; sediment traps, vegetated swales or strips (for pollutant 
settling/filtration); (i) catch basin filters or sand filters.
    6.N.4.2.6  Scrap Lead-Acid Battery Program. Properly handle, store 
and dispose of scrap lead-acid batteries. BMP options: (a) Segregate 
scrap lead-acid batteries from other scrap materials; (b) proper 
handling, storage and disposal of cracked or broken batteries; (c) 
collect and dispose leaking lead-acid battery fluid; (d) minimize/
eliminate (if possible) exposure of scrap lead-acid batteries to 
precipitation or runoff; (e) employee training for the management of 
scrap batteries.
    6.N.4.2.7  Spill Prevention and Response Procedures. (See also Part 
4.2.7.2.1.4)
    Minimize storm water contamination at loading/unloading areas, and 
from equipment or container failures. BMP options: (a) Prevention and 
response measures for areas that are potential sources of fluid leaks/
spills; (b) immediate containment and clean up of spills/leaks. If 
malfunctioning equipment is responsible for the spill/leak, repairs 
should also be conducted as soon as possible; (c) cleanup measures 
including the use of dry absorbents. If this method is employed, there 
should be an adequate supply of dry absorbent materials kept onsite and 
used absorbent must be properly disposed of; (d) store drums containing 
liquids--especially oil and lubricants--either: Indoors, in a bermed 
area, in overpack containers or spill pallets, or in other containment 
devices; (e) install overfill prevention devices on fuel pumps or 
tanks; (f) place drip pans or equivalent measures under leaking 
stationary equipment until the leak is repaired. The drip pans should 
be inspected for leaks and potential overflow and all liquids must be 
properly disposed of (as per RCRA); (g) install alarms and/or pump shut 
off systems on outdoor equipment with hydraulic reservoirs exceeding 
150 gallons in the event of a line break. Alternatively, a secondary 
containment system capable of holding the entire contents of the 
reservoir plus room for precipitation can be used.
    6.N.4.2.8  Quarterly Inspection Program. (See also Part 
4.2.7.2.1.5)
    Inspect all designated areas of the facility and equipment 
identified in the plan quarterly.
    6.N.4.2.9  Supplier Notification Program. As appropriate, notify 
major suppliers which scrap materials will not be accepted at the 
facility or are only accepted under certain conditions.
    6.N.4.3  Waste Recycling Facilities (Liquid Recyclable Materials).
    6.N.4.3.1  Waste Material Storage (Indoor). Minimize/eliminate 
contact between residual liquids from waste materials stored indoors 
and surface runoff. The plan may refer to applicable portions of other 
existing plans such as SPCC plans required under 40 CFR part 112. BMP 
options: (a) Procedures for material handling (including labeling and 
marking); (b) clean up spills/leaks with dry-absorbent materials or a 
wet vacuum system; (c) appropriate containment structures (trenching, 
curbing, gutters, etc.); (d) a drainage system, including appurtenances 
(e.g., pumps or ejectors, manually operated valves), to handle 
discharges from diked or bermed areas. Drainage should be discharged to 
an appropriate treatment facility, sanitary sewer system, or otherwise 
disposed of properly. These discharges may require coverage under a 
separate NPDES wastewater permit or industrial user permit under the 
pretreatment program.
    6.N.4.3.2  Waste Material Storage (Outdoor). Minimize contact 
between stored residual liquids and precipitation or runoff. The plan 
may refer to applicable portions of other existing plans such as SPCC 
plans required under 40 CFR part 112. Discharges of precipitation from 
containment areas containing used oil must also be in accordance with 
applicable sections of 40 CFR part 112. BMP options: (a) Appropriate 
containment structures (e.g., dikes, berms, curbing, pits) to store the 
volume of the largest tank with sufficient extra capacity for 
precipitation; (b) drainage control and other diversionary structures; 
(c) for storage tanks, provide corrosion protection and/or leak 
detection systems; (d) use dry-absorbent materials or a wet vacuum 
system to collect spills.
    6.N.4.3.3  Trucks and Rail Car Waste Transfer Areas. Minimize 
pollutants in discharges from truck and rail car loading / unloading 
areas. Include measures to clean up minor spills/leaks resulting from 
the transfer of liquid wastes. BMP options: (a) Containment and 
diversionary structures to minimize contact with precipitation or 
runoff; (b) use dry-clean up methods, wet vacuuming, roof coverings, or 
runoff controls.
    6.N.4.3.4  Quarterly Inspections. (See also Part 4.2.7.2.1.5)
    At a minimum, the inspections must also include all areas where 
waste is generated, received, stored, treated or disposed and that are 
exposed to either precipitation or storm water runoff.
    6.N.4.4  Recycling Facilities (Source Separated Materials). The 
following identifies considerations for facilities that receive only 
source-separated

[[Page 17079]]

recyclables, primarily from non-industrial and residential sources.
    6.N.4.4.1  Inbound Recyclable Material Control. Minimize the chance 
of accepting non-recyclables (e.g., hazardous materials) which could be 
a significant source of pollutants by conducting inspections of inbound 
materials. BMP options: (a) Information/education measures to inform 
suppliers of recyclables which materials are acceptable and which are 
not; (b) training drivers responsible for pickup of recycled material; 
(c) clearly marking public drop-off containers regarding which 
materials can be accepted; (d) reject non-recyclable wastes or 
household hazardous wastes at the source; (e) procedures for handling 
and disposal of non-recyclable material.
    6.N.4.4.2  Outdoor Storage. Minimize exposure of recyclables to 
precipitation and runoff. Use good housekeeping measures to prevent 
accumulation of particulate matter and fluids, particularly in high 
traffic areas. Other BMP options: (a) Provide totally-enclosed drop-off 
containers for the public; (b) install a sump/pump with each container 
pit and treat or discharge collected fluids to a sanitary sewer system; 
(c) provide dikes and curbs for secondary containment (e.g., around 
bales of recyclable waste paper); (d) divert surface water runoff away 
from outside material storage areas; (e) provide covers over 
containment bins, dumpsters, roll-off boxes; (f) store the equivalent 
one days's volume of recyclable material indoors.
    6.N.4.4.3  Indoor Storage and Material Processing. Minimize the 
release of pollutants from indoor storage and processing areas. BMP 
options: (a) Schedule routine good housekeeping measures for all 
storage and processing areas; (b) prohibit tipping floor washwater from 
draining to the storm sewer system; (c) provide employee training on 
pollution prevention practices.
    6.N.4.4.4  Vehicle and Equipment Maintenance. BMP options for those 
areas where vehicle and equipment maintenance are occurring outdoors: 
(a) Prohibit vehicle and equipment washwater from discharging to the 
storm sewer system; (b) minimize or eliminate outdoor maintenance areas 
whenever possible; (c) establish spill prevention and clean-up 
procedures in fueling areas; (d) avoid topping off fuel tanks; (e) 
divert runoff from fueling areas; (f) store lubricants and hydraulic 
fluids indoors; (g) provide employee training on proper handling, 
storage of hydraulic fluids and lubricants.

6.N.5  Monitoring and Reporting Requirements

    (See also Part 5)

                Table N-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Scrap Recycling Facility (SIC 5093).  Chemical Oxygen Demand   120 mg/L.                 .......................
                                       (COD).
                                      Total Suspended Solids   100 mg/L.                 .......................
                                       (TSS).
                                      Total Recoverable        0.75 mg/L.                .......................
                                       Aluminum.
                                      Total Recoverable        0.0636 mg/L.              .......................
                                       Copper.
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Total Recoverable Lead.  0.0816 mg/L.              .......................
                                      Total Recoverable Zinc.  0.117 mg/L.               .......................
----------------------------------------------------------------------------------------------------------------
\1\ Discharge may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.O  Sector O--Steam Electric Generating Facilities

6.O.1  Covered Storm Water Discharges

    The requirements in Part 6.O apply to storm water discharges 
associated with industrial activity from Steam Electric Power 
Generating Facilities as identified by the Activity Code specified 
under Sector O in Table 1-1 of Part 1.2.1.

6.O.2  Industrial Activities Covered by Sector O.

    This permit authorizes storm water discharges from the following 
industrial activities at Sector O facilities:
    6.O.2.1  Steam electric power generation using coal, natural gas, 
oil, nuclear energy, etc. to produce a steam source, including coal 
handling areas;
    6.O.2.2  Coal pile runoff, including effluent limitations 
established by 40 CFR Part 423;
    6.O.2.3  Dual fuel co-generation facilities.

6.O.3  Limitations on Coverage

    6.O.3.1  Prohibition of Non-Storm Water Discharges. Not covered by 
this permit: Non-storm water discharges subject to effluent limitations 
guidelines.
    6.O.3.2  Prohibition of Storm Water Discharges. Not covered by this 
permit: Storm water discharges from ancillary facilities (e.g., fleet 
centers, gas turbine stations and substations) that are not contiguous 
to a stream electric power generating facility; and heat capture co-
generation facilities.

6.O.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.O.4.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
the locations of any of the following activities or sources which may 
be exposed to precipitation/surface runoff: Storage tanks, scrap yards, 
general refuse areas; short and long term storage of general materials 
(including but not limited to: supplies, construction materials, paint 
equipment, oils, fuels, used and unused solvents, cleaning materials, 
paint, water treatment chemicals, fertilizer and pesticides); 
landfills, construction sites; stock piles areas (e.g., coal or 
limestone piles).
    6.O.4.2  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.O.4.2.1  Fugitive Dust Emissions. Describe and implement measures 
that prevent or minimize fugitive dust emissions from coal handling 
areas. Consider such procedures to minimize the tracking of coal dust 
offsite as installing specially designed tires, or washing vehicles in 
a designated area before they leave the site and controlling the wash 
water.
    6.O.4.2.2  Delivery Vehicles. Describe and implement measures that 
prevent or minimize contamination of storm water

[[Page 17080]]

runoff from delivery vehicles arriving at the plant site. Consider the 
following: procedures to inspect delivery vehicles arriving at the 
plant site and ensure overall integrity of the body or container; and 
procedures to deal with leakage/spillage from vehicles or containers.
    6.O.4.2.3  Fuel Oil Unloading Areas. Describe and implement 
measures that prevent or minimize contamination of precipitation/
surface runoff from fuel oil unloading areas. Consider, at a minimum 
(or their equivalents): Using containment curbs in unloading areas; 
having personnel familiar with spill prevention and response procedures 
present during deliveries to ensure that any leaks/spills are 
immediately contained and cleaned up; using spill and overflow 
protection (e.g., drip pans, drip diapers or other containment devices 
placed beneath fuel oil connectors to contain potential spillage during 
deliveries or from leaks at the connectors).
    6.O.4.2.4  Chemical Loading/Unloading. Describe and implement 
measures that prevent or minimize contamination of precipitation/
surface runoff from chemical loading/unloading areas. Consider, at a 
minimum (or their equivalents): Using containment curbs at chemical 
loading/unloading areas to contain spill; having personnel familiar 
with spill prevention and response procedures present during deliveries 
to ensure that any leaks/spills are immediately contained and cleaned 
up; and load/unload in covered areas and store chemicals indoors.
    6.O.4.2.5  Miscellaneous Loading/Unloading Areas. Describe and 
implement measures that prevent or minimize contamination of 
precipitation/surface runoff from loading/unloading areas. Consider, at 
a minimum (or their equivalents): Covering the loading area; grading, 
berming, or curbing around the loading area to divert run-on; or 
locating the loading/unloading equipment and vehicles so leaks are 
contained in existing containment and flow diversion systems.
    6.O.4.2.6  Liquid Storage Tanks. Describe and implement measures 
that prevent or minimize contamination of surface runoff from above 
ground liquid storage tanks. Consider using, at a minimum (or their 
equivalents): Protective guards around tank; containment curbs; spill 
and overflow protection; and dry cleanup methods.
    6.O.4.2.7  Large Bulk Fuel Storage Tanks. Describe and implement 
measures that prevent or minimize contamination of surface runoff from 
large bulk fuel storage tanks. Consider, at a minimum, using 
containment berms (or its equivalent). You must also comply with 
applicable State and Federal laws, including Spill Prevention Control 
and Countermeasures (SPCC).
    6.O.4.2.8  Spill Reduction Measures. Describe and implement 
measures to reduce the potential for an oil/chemical spill or reference 
the appropriate Part of your SPCC plan. At a minimum, visually inspect 
on a weekly basis, the structural integrity of all above ground tanks, 
pipelines, pumps and other related equipment, and effect any necessary 
repairs immediately.
    6.O.4.2.9  Oil Bearing Equipment in Switchyards. Describe and 
implement measures that prevent or minimize contamination of surface 
runoff from oil bearing equipment in switchyard areas. Consider using 
level grades and gravel surfaces to retard flows and limit the spread 
of spills or collecting runoff in perimeter ditches.
    6.O.4.2.10  Residue Hauling Vehicles. Inspect all residue hauling 
vehicles for proper covering over the load, adequate gate sealing and 
overall integrity of the container body. Repair as soon as practicable, 
vehicles without load covering or adequate gate sealing, or with 
leaking containers or beds.
    6.O.4.2.11  Ash Loading Areas. Describe and implement procedures to 
reduce or control the tracking of ash/residue from ash loading areas. 
Where practicable, clear the ash building floor and immediately 
adjacent roadways of spillage, debris and excess water before departure 
of each loaded vehicle.
    6.O.4.2.12  Areas Adjacent to Disposal Ponds or Landfills. Describe 
and implement measures that prevent or minimize contamination of 
surface runoff from areas adjacent to disposal ponds or landfills. 
Develop procedures to reduce ash residue that may be tracked on to 
access roads traveled by residue handling vehicles, and reduce ash 
residue on exit roads leading into and out of residue handling areas.
    6.O.4.2.13  Landfills, Scrap yards, Surface Impoundments, Open 
Dumps, General Refuse Sites. Address these areas in your SWPPP and 
include appropriate BMPs as referred to in Part 4.
    6.O.4.2.14  Vehicle Maintenance Activities. For vehicle maintenance 
activities performed on the plant site, use the applicable BMPs 
outlined in Part 6.P.
    6.O.4.2.15  Material Storage Areas. Describe and implement measures 
that prevent or minimize contamination of storm water runoff from 
material storage areas (including areas used for temporary storage of 
miscellaneous products and construction materials stored in lay-down 
areas). Consider using (or their equivalents): Flat yard grades; 
collecting runoff in graded swales or ditches; erosion protection 
measures at steep outfall sites (e.g., concrete chutes, riprap, 
stilling basins); covering lay-down areas; storing materials indoors; 
and covering materials temporarily with polyethylene, polyurethane, 
polypropylene or hypalon. Storm water run-on may be minimized by 
constructing an enclosure or building a berm around the area.
    6.O.4.3  Comprehensive Site Compliance Evaluation. (See also Part 
4.9.3) As part of your evaluation, inspect the following areas on a 
monthly basis: Coal handling areas, loading / unloading areas, 
switchyards, fueling areas, bulk storage areas, ash handling areas, 
areas adjacent to disposal ponds and landfills, maintenance areas, 
liquid storage tanks, and long term and short term material storage 
areas.

6.O.5  Monitoring and Reporting Requirements

     (See also Part 5)

                Table O-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Steam Electric Generating Facilities  Total recoverable iron.  1.0 mg/L.                 .......................
 (Industrial Activity Code ``SE'').
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 monitoring years.


[[Page 17081]]

6.P  Sector P--Land Transportation and Warehousing

6.P.1  Covered Storm Water Discharges

    The requirements in Part 6.P apply to storm water discharges 
associated with industrial activity from Land Transportation and 
Warehousing facilities as identified by the Activity Code specified 
under Sector P in Table 1-1 of Part 1.2.1.

6.P.2  Industrial Activities Covered by Sector P

    The types of activities that permittees under Sector P are 
primarily engaged in are:
    6.P.2.1  vehicle and equipment maintenance (vehicle and equipment 
rehabilitation, mechanical repairs, painting, fueling and lubrication);
    6.P.2.2  equipment cleaning.

6.P.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.P.3.1  Drainage Site Map. (See also Part 4.2.2.3) Identify the 
locations of any of the following activities or sources: Fueling 
stations; vehicle/equipment maintenance or cleaning areas; storage 
areas for vehicle/equipment with actual or potential fluid leaks; 
loading/unloading areas; areas where treatment, storage or disposal of 
wastes occur; liquid storage tanks; processing areas; storage areas; 
and all monitoring areas.
    6.P.3.2  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe and assess the potential for the following to contribute 
pollutants to storm water discharges: Onsite waste storage or disposal; 
dirt/gravel parking areas for vehicles awaiting maintenance; and 
fueling areas.
    6.P.3.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.P.3.3.1  Vehicle and Equipment Storage Areas. Confine the storage 
of leaky or leak-prone vehicles/equipment awaiting maintenance to 
designated areas. Consider the following (or other equivalent 
measures): The use of drip pans under vehicles/equipment, indoor 
storage of vehicles and equipment, installation of berms or dikes, use 
of absorbents, roofing or covering storage areas, and cleaning pavement 
surfaces to remove oil and grease.
    6.P.3.3.2  Fueling Areas. Implement and describe measures that 
prevent or minimize contamination of storm water runoff from fueling 
areas. Consider the following (or other equivalent measures): Covering 
the fueling area; using spill/overflow protection and cleanup 
equipment; minimizing storm water runon/runoff to the fueling area; 
using dry cleanup methods; and treating and/or recycling collected 
storm water runoff.
    6.P.3.3.3  Material Storage Areas. Maintain all material storage 
vessels (e.g., for used oil/oil filters, spent solvents, paint wastes, 
hydraulic fluids) to prevent contamination of storm water and plainly 
label them (e.g., ``Used Oil,'' ``Spent Solvents,'' etc.). Consider the 
following (or other equivalent measures): Storing the materials 
indoors; installing berms/dikes around the areas; minimizing runoff of 
storm water to the areas; using dry cleanup methods; and treating and/
or recycling collected storm water runoff.
    6.P.3.3.4.  Vehicle and Equipment Cleaning Areas. Implement and 
describe measures that prevent or minimize contamination of storm water 
runoff from all areas used for vehicle/equipment cleaning. Consider the 
following (or other equivalent measures): Performing all cleaning 
operations indoors; covering the cleaning operation, ensuring that all 
washwater drains to a proper collection system (i.e., not the storm 
water drainage system unless NPDES permitted); treating and/or 
recycling collected storm water runoff, or other equivalent measures. 
Note: The discharge of vehicle/equipment washwater, including tank 
cleaning operations, are not authorized by this permit and must be 
covered under a separate NPDES permit or discharged to a sanitary sewer 
in accordance with applicable industrial pretreatment requirements.
    6.P.3.3.5  Vehicle and Equipment Maintenance Areas. Implement and 
describe measures that prevent or minimize contamination of storm water 
runoff from all areas used for vehicle/equipment maintenance. Consider 
the following (or other equivalent measures): Performing maintenance 
activities indoors; using drip pans; keeping an organized inventory of 
materials used in the shop; draining all parts of fluid prior to 
disposal; prohibiting wet clean up practices if these practices would 
result in the discharge of pollutants to storm water drainage systems; 
using dry cleanup methods; treating and/or recycling collected storm 
water runoff, minimizing run on/runoff of storm water to maintenance 
areas.
    6.P.3.3.6  Locomotive Sanding (Loading Sand for Traction) Areas. 
Consider the following (or other equivalent measures): Covering sanding 
areas; minimizing storm water run on/runoff; or appropriate sediment 
removal practices to minimize the offsite transport of sanding material 
by storm water.
    6.P.3.4  Inspections. (See also Part 4.2.7.2.1.4) Inspect all the 
following areas/activities: Storage areas for vehicles/equipment 
awaiting maintenance, fueling areas, indoor and outdoor vehicle/
equipment maintenance areas, material storage areas, vehicle/equipment 
cleaning areas and loading/unloading areas.
    6.P.3.5  Employee Training. (See also Part 4.2.7.2.1.5) Train 
personnel at least once a year and address the following, as 
applicable: Used oil and spent solvent management; fueling procedures; 
general good housekeeping practices; proper painting procedures; and 
used battery management.
    6.P.3.6  Vehicle and Equipment Washwater Requirements. (See also 
Part 4.4) Attach to or reference in your SWPPP, a copy of the NPDES 
permit issued for vehicle/equipment washwater or, if an NPDES permit 
has not been issued, a copy of the pending application. If an 
industrial user permit is issued under a pretreatment program, attach a 
copy to your SWPPP. In any case, address all non-storm water permit 
conditions or pretreatment conditions in your SWPPP. If washwater is 
handled in another manner (e.g., hauled offsite), describe the disposal 
method and attach all pertinent documentation/information (e.g., 
frequency, volume, destination, etc.) in the plan.

6.Q  Sector Q--Water Transportation

6.Q.1  Covered Storm Water Discharges

    The requirements in Part 6.Q apply to storm water discharges 
associated with industrial activity from Water Transportation 
facilities as identified by the Activity Code specified under Sector Q 
in Table 1-1 of Part 1.2.1.

6.Q.2  Industrial Activities Covered by Sector Q

    The requirements listed under this part apply to storm water 
discharges associated with the following activities:
    6.Q.2.1  water transportation facilities classified in SIC Code 
major group 44 that have vehicle (vessel) maintenance shops and/or 
equipment cleaning operations including:
    6.Q.2.1.1  water transportation industry includes facilities 
engaged in foreign or domestic transport of freight or passengers in 
deep sea or inland waters;
    6.Q.2.1.2  marine cargo handling operations;
    6.Q.2.1.3  ferry operations;
    6.Q.2.1.4  towing and tugboat services;
    6.Q.2.1.5  marinas.

[[Page 17082]]

6.Q.3  Limitations on Coverage

    6.Q.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not covered by this permit: Bilge and ballast water, sanitary 
wastes, pressure wash water and cooling water originating from vessels.

6.Q.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.Q.4.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Fueling; engine maintenance/repair; vessel maintenance/repair; 
pressure washing; painting; sanding; blasting; welding; metal 
fabrication; loading/unloading areas; locations used for the treatment, 
storage or disposal of wastes; liquid storage tanks; liquid storage 
areas (e.g., paint, solvents, resins); and material storage areas 
(e.g., blasting media, aluminum, steel, scrap iron).
    6.Q.4.2  Summary of Potential Pollutant Sources. (See also Part 
4.2.4) Describe the following additional sources and activities that 
have potential pollutants associated with them: Outdoor manufacturing 
or processing activities (i.e., welding, metal fabricating); and 
significant dust or particulate generating processes (e.g., abrasive 
blasting, sanding, painting)
    6.Q.4.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.Q.4.3.1  Pressure Washing Area. If pressure washing is used to 
remove marine growth from vessels, the discharge water must be 
permitted by a separate NPDES permit. Describe in the SWPPP: The 
measures to collect or contain the discharges from the pressures 
washing area; the method for the removal of the visible solids; the 
methods of disposal of the collected solids; and where the discharge 
will be released.
    6.Q.4.3.2  Blasting and Painting Area. Implement and describe 
measures to prevent spent abrasives, paint chips and over spray from 
discharging into the receiving water or the storm sewer systems. 
Consider containing all blasting/painting activities or use other 
measures to prevent or minimize the discharge the contaminants (e.g., 
hanging plastic barriers or tarpaulins during blasting or painting 
operations to contain debris). Where necessary, regularly clean storm 
water conveyances of deposits of abrasive blasting debris and paint 
chips. Detail in the SWPPP any standard operating practices relating to 
blasting/painting (e.g., prohibiting uncontained blasting/painting over 
open water, or prohibiting blasting/painting during windy conditions 
which can render containment ineffective).
    6.Q.4.3.3  Material Storage Areas. Store and plainly label all 
containerized materials (e.g., fuels, paints, solvents, waste oil, 
antifreeze, batteries) in a protected, secure location away from 
drains. Implement and describe measures to prevent or minimize the 
contamination of precipitation/surface runoff from the storage areas. 
Specify which materials are stored indoors and consider containment or 
enclosure for those stored outdoors. If abrasive blasting is performed, 
discuss the storage and disposal of spent abrasive materials generated 
at the facility. Consider implementing an inventory control plan to 
limit the presence of potentially hazardous materials onsite.
    6.Q.4.3.4  Engine Maintenance and Repair Areas. Implement and 
describe measures to prevent or minimize the contamination of 
precipitation/surface runoff from all areas used for engine maintenance 
and repair. Consider the following (or their equivalents): Performing 
all maintenance activities indoors; maintaining an organized inventory 
of materials used in the shop; draining all parts of fluid prior to 
disposal; prohibiting the practice of hosing down the shop floor; using 
dry cleanup methods; and treating and/or recycling storm water runoff 
collected from the maintenance area.
    6.Q.4.3.5  Material Handling Area. Implement and describe measures 
to prevent or minimize the contamination of precipitation/surface 
runoff from material handling operations and areas (e.g., fueling, 
paint and solvent mixing, disposal of process wastewater streams from 
vessels). Consider the following (or their equivalents): Covering 
fueling areas; using spill/overflow protection; mixing paints and 
solvents in a designated area (preferably indoors or under a shed); and 
minimize runoff of storm water to material handling areas.
    6.Q.4.3.6  Drydock Activities. Describe your procedures for 
routinely maintaining/cleaning the drydock to prevent or minimize 
pollutants in storm water runoff. Address the cleaning of accessible 
areas of the drydock prior to flooding, and final cleanup following 
removal of the vessel and raising the dock. Include procedures for 
cleaning up oil, grease or fuel spills occurring on the drydock. 
Consider the following (or their equivalents): Sweeping rather than 
hosing off debris/spent blasting material from accessible areas of the 
drydock prior to flooding, and having absorbent materials and oil 
containment booms readily available to contain/cleanup any spills.
    6.Q.4.3.7  General Yard Area. Implement and describe a schedule for 
routine yard maintenance and cleanup. Regularly remove from the general 
yard area: scrap metal, wood, plastic, miscellaneous trash, paper, 
glass, industrial scrap, insulation, welding rods, packaging, etc.
    6.Q.4.4  Preventative Maintenance. (See also Part 4.2.7.2.1.4)
    As part of your preventive maintenance program, perform timely 
inspection and maintenance of storm water management devices (e.g., 
cleaning oil/water separators and sediment traps to ensure that spent 
abrasives, paint chips and solids will be intercepted and retained 
prior to entering the storm drainage system) as well as inspecting and 
testing facility equipment and systems to uncover conditions that could 
cause breakdowns or failures resulting in discharges of pollutants to 
surface waters.
    6.Q.4.5  Inspections. (See also Part 4.2.7.2.1.5)
    Include the following areas in all monthly inspections: Pressure 
washing area; blasting, sanding and painting areas; material storage 
areas; engine maintenance/repair areas; material handling areas; 
drydock area; and general yard area.
    6.Q.4.6  Employee Training. (See also Part 4.2.7.2.1.6)
    As part of your employee training program, address, at a minimum, 
the following activities (as applicable): Used oil management; spent 
solvent management; disposal of spent abrasives; disposal of vessel 
wastewaters; spill prevention and control; fueling procedures; general 
good housekeeping practices; painting and blasting procedures; and used 
battery management.
    6.Q.4.7  Comprehensive Site Compliance Evaluation.
    (See also Part 4.9) Conduct regularly scheduled evaluations at 
least once a year and address those areas contributing to a storm water 
discharge associated with industrial activity (e.g., pressure washing 
area, blasting/sanding areas, painting areas, material storage areas, 
engine maintenance/repair areas, material handling areas, and drydock 
area). Inspect these sources for evidence of, or the potential for, 
pollutants entering the drainage system.

6.Q.5  Monitoring and Reporting Requirements

    (See also Part 5)

[[Page 17083]]



                Table Q-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of Permit Affected/Supplemental Requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
             Subsector 1                     Parameter          cutoff concentration 2      Numeric limitation
----------------------------------------------------------------------------------------------------------------
Water Transportation Facilities (SIC  Total recoverable        0.75 mg/L.                .......................
 4412-4499).                           aluminum.
                                      Total recoverable iron.  1.0 mg/L.                 .......................
                                      Total recoverable lead.  0.0816 mg/L.              .......................
                                      Total recoverable zinc.  0.117 mg/L.               .......................
----------------------------------------------------------------------------------------------------------------
1 Discharges may be subject to requirements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 monitoring years.

6.R  Sector R--Ship and Boat Building or Repair Yards

6.R.1  Covered Storm Water Discharges

    The requirements in Part 6.R apply to storm water discharges 
associated with industrial activity from Ship and Boat Building or 
Repair Yards as identified by the Activity Codes specified under Sector 
R in Table 1-1 of Part 1.2.1.

6.R.2  Industrial Activities Covered by Sector R

    The types of activities that permittees under Sector R are 
primarily engaged in are:
    6.R.2.1  ship building and repairing and boat building and 
repairing.\12\
---------------------------------------------------------------------------

    \12\ According to the U.S. Coast Guard, a vessel 65 feet or 
greater in length is referred to as a ship, and a vessel smaller 
than 65 feet is a boat.
---------------------------------------------------------------------------

6.R.3  Limitations on Coverage

    6.R.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not covered by this permit: discharges containing bilge and 
ballast water, sanitary wastes, pressure wash water and cooling water 
originating from vessels.

6.R.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.R.4.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Fueling; engine maintenance/repair; vessel maintenance/repair; 
pressure washing; painting; sanding; blasting; welding; metal 
fabrication; loading/unloading areas; locations used for the treatment, 
storage or disposal of wastes; liquid storage tanks; liquid storage 
areas (e.g., paint, solvents, resins); and material storage areas 
(e.g., blasting media, aluminum, steel, scrap iron).
    6.R.4.2  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following additional sources and activities that have 
potential pollutants associated with them (if applicable): Outdoor 
manufacturing/processing activities (e.g., welding, metal fabricating); 
and significant dust/particulate generating processes (e.g., abrasive 
blasting , sanding, painting).
    6.R.4.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.R.4.3.1  Pressure Washing Area. If pressure washing is used to 
remove marine growth from vessels, the discharge water must be 
permitted as a process wastewater by a separate NPDES permit.
    6.R.4.3.2  Blasting and Painting Area. Implement and describe 
measures to prevent spent abrasives, paint chips and over spray from 
discharging into the receiving water or the storm sewer systems. 
Consider containing all blasting/painting activities or use other 
measures to prevent or minimize the discharge the contaminants (e.g., 
hanging plastic barriers or tarpaulins during blasting or painting 
operations to contain debris). Where necessary, regularly clean storm 
water conveyances of deposits of abrasive blasting debris and paint 
chips. Detail in the SWPPP any standard operating practices relating to 
blasting/painting (e.g., prohibiting uncontained blasting/painting over 
open water, or prohibiting blasting/painting during windy conditions 
which can render containment ineffective).
    6.R.4.3.3  Material Storage Areas. Store and plainly label all 
containerized materials (e.g., fuels, paints, solvents, waste oil, 
antifreeze, batteries) in a protected, secure location away from 
drains. Implement and describe measures to prevent or minimize the 
contamination of precipitation/surface runoff from the storage areas. 
Specify which materials are stored indoors and consider containment or 
enclosure for those stored outdoors. If abrasive blasting is performed, 
discus the storage and disposal of spent abrasive materials generated 
at the facility. Consider implementing an inventory control plan to 
limit the presence of potentially hazardous materials onsite.
    6.R.4.3.4  Engine Maintenance and Repair Areas. Implement and 
describe measures to prevent or minimize the contamination of 
precipitation/surface runoff from all areas used for engine maintenance 
and repair. Consider the following (or their equivalents): Performing 
all maintenance activities indoors; maintaining an organized inventory 
of materials used in the shop; draining all parts of fluid prior to 
disposal; prohibiting the practice of hosing down the shop floor; using 
dry cleanup methods; and treating and/or recycling storm water runoff 
collected from the maintenance area.
    6.R.4.3.5  Material Handling Area. Implement and describe measures 
to prevent or minimize the contamination of precipitation/surface 
runoff from material handling operations and areas (e.g., fueling, 
paint and solvent mixing, disposal of process wastewater streams from 
vessels). Consider the following (or their equivalents): Covering 
fueling areas; using spill/overflow protection; mixing paints and 
solvents in a designated area (preferably indoors or under a shed); and 
minimize runon of storm water to material handling areas.
    6.R.4.3.6  Drydock Activities. Describe your procedures for 
routinely maintaining/cleaning the drydock to prevent or minimize 
pollutants in storm water runoff. Address the cleaning of accessible 
areas of the drydock prior to flooding, and final cleanup following 
removal of the vessel and raising the dock. Include procedures for 
cleaning up oil, grease or fuel spills occurring on the drydock. 
Consider the following (or their equivalents): sweeping rather than 
hosing off debris/spent blasting material from accessible areas of the 
drydock prior to flooding, and having absorbent materials and oil 
containment booms readily available to contain/cleanup any spills.
    6.R.4.3.7  General Yard Area. Implement and describe a schedule for 
routine yard maintenance and cleanup. Regularly remove from the general 
yard area: Scrap metal, wood, plastic, miscellaneous trash, paper, 
glass,

[[Page 17084]]

industrial scrap, insulation, welding rods, packaging, etc.
    6.R.4.4  Preventative Maintenance. (See also Part 4.2.7.2.1.4) As 
part of your preventive maintenance program, perform timely inspection 
and maintenance of storm water management devices (e.g., cleaning oil/
water separators and sediment traps to ensure that spent abrasives, 
paint chips and solids will be intercepted and retained prior to 
entering the storm drainage system) as well as inspecting and testing 
facility equipment and systems to uncover conditions that could cause 
breakdowns or failures resulting in discharges of pollutants to surface 
waters.
    6.R.4.5  Inspections. (See also Part 4.2.7.2.1.5) Include the 
following areas in all monthly inspections: Pressure washing area; 
blasting, sanding and painting areas; material storage areas; engine 
maintenance/repair areas; material handling areas; drydock area; and 
general yard area.
    6.R.4.6  Employee Training. (See also Part 4.2.7.2.1.6) As part of 
your employee training program, address, at a minimum, the following 
activities (as applicable): Used oil management; spent solvent 
management; disposal of spent abrasives; disposal of vessel 
wastewaters; spill prevention and control; fueling procedures; general 
good housekeeping practices; painting and blasting procedures; and used 
battery management.
    6.R.4.7  Comprehensive Site Compliance Evaluation. (See also Part 
4.9) Conduct regularly scheduled evaluations at least once a year and 
address those areas contributing to a storm water discharge associated 
with industrial activity (e.g., pressure washing area, blasting/sanding 
areas, painting areas, material storage areas, engine maintenance/
repair areas, material handling areas, and drydock area). They must be 
visually inspected for evidence of, or the potential for, pollutants 
entering the drainage system.

6.S  Sector S--Air Transportation

6.S.1  Covered Storm Water Discharges

    The requirements in Part 6.S apply to storm water discharges 
associated with industrial activity from Air Transportation facilities 
as identified by the SIC Codes specified under Sector S in Table 1-1 of 
Part 1.2.1.

6.S.2  Industrial Activities Covered by Sector S

    The types of activities that permittees under Sector S are 
primarily engaged in are:
    6.S.2.1  air transportation, scheduled, and air courier;
    6.S.2.2  air transportation, non scheduled;
    6.S.2.3  airports; flying fields, except those maintained by 
aviation clubs; and airport terminal services including: Air traffic 
control, except government; aircraft storage at airports; aircraft 
upholstery repair; airfreight handling at airports; airport hangar 
rental; airport leasing, if operating airport; airport terminal 
services; and hangar operations.
    6.S.2.4  airport and aircraft service and maintenance including: 
aircraft cleaning and janitorial service; aircraft servicing/repairing, 
except on a factory basis; vehicle maintenance shops; material handling 
facilities; equipment clearing operations; and airport and aircraft 
deicing/anti-icing.
    Note: ``deicing'' will generally be used to imply both deicing 
(removing frost, snow or ice) and anti-icing (preventing accumulation 
of frost, snow or ice) activities, unless specific mention is made 
regarding anti-icing and/or deicing activities.

6.S.3  Limitations on Coverage

    Only those portions of the facility that are involved in vehicle 
maintenance (including vehicle rehabilitation, mechanical repairs, 
painting, fueling and lubrication), equipment cleaning operations or 
deicing operations are addressed in Part 6.S.
    6.S.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not covered by this permit: Aircraft, ground vehicle, runway 
and equipment washwaters; and dry weather discharges of deicing 
chemicals. These discharges must be covered by a separate NPDES permit.

6.S.4  Special Conditions

    6.S.4.1  Hazardous Substances or Oil. (See also Part 3.1) Each 
individual permittee is required to report spills equal to or exceeding 
the reportable quantity (RQ) levels specified at 40 CFR, parts 110, 117 
and 302 as described at Part 3.2. If an airport authority is the sole 
permittee, then the sum total of all spills at the airport must be 
assessed against the RQ. If the airport authority is a co-permittee 
with other deicing operators at the airport, such as numerous different 
airlines, the assessed amount must be the summation of spills by each 
co-permittee. If separate, distinct individual permittees exist at the 
airport, then the amount spilled by each separate permittee must be the 
assessed amount for the RQ determination.

6.S.5  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4 of the MSGP.
    (See also Part 4.1) If an airport's tenant has a SWPPP for 
discharges from their own areas of the airport, that SWPPP must be 
integrated with the plan for the entire airport. Tenants of the airport 
facility include air passenger or cargo companies, fixed based 
operators and other parties who have contracts with the airport 
authority to conduct business operations on airport property and whose 
operations result in storm water discharges associated with industrial 
activity.
    6.S.5.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Aircraft and runway deicing operations; fueling stations; 
aircraft, ground vehicle and equipment maintenance / cleaning areas; 
storage areas for aircraft, ground vehicles and equipment awaiting 
maintenance.
    6.S.5.2  Potential Pollutant Sources. (See also Part 4.2.4) Include 
in your inventory of exposed materials a description of the potential 
pollutant sources from the following activities: Aircraft, runway, 
ground vehicle and equipment maintenance and cleaning; aircraft and 
runway deicing operations (including apron and centralized aircraft 
deicing stations, runways, taxiways and ramps). If you conduct deicing 
operations, you must maintain a record of the types [including the 
Material Safety Data Sheets (MSDS)] and monthly quantities of deicing 
chemicals used. Tenants and fixed-based operations who conduct deicing 
operations must provide the above information to the airport authority 
for inclusion in the SWPPP for the entire facility.
    6.S.5.3  Good Housekeeping Measures. (See also 4.2.7)
    6.S.5.3.1  Aircraft, Ground Vehicle and Equipment Maintenance 
Areas. Describe and implement measures that prevent or minimize the 
contamination of storm water runoff from all areas used for aircraft, 
ground vehicle and equipment maintenance (including the maintenance 
conducted on the terminal apron and in dedicated hangers). Consider the 
following practices (or their equivalents): Performing maintenance 
activities indoors; maintaining an organized inventory of material used 
in the maintenance areas; draining all parts of fluids prior to 
disposal; preventing the practice of

[[Page 17085]]

hosing down the apron or hanger floor; using dry cleanup methods; and 
collecting the storm water runoff from the maintenance area and 
providing treatment or recycling.
    6.S.5.3.2  Aircraft, Ground Vehicle and Equipment Cleaning Areas. 
Clean equipment only in the areas identified in the SWPPP and site map 
and clearly demarcate these areas on the ground. Describe and implement 
measures that prevent or minimize the contamination of storm water 
runoff from cleaning areas.
    6.S.5.3.3  Aircraft, Ground Vehicle and Equipment Storage Areas. 
Store all aircraft, ground vehicles and equipment awaiting maintenance 
in designated areas only. Consider the following BMPs (or their 
equivalents): Storing aircraft and ground vehicles indoors; using drip 
pans for the collection of fluid leaks; and perimeter drains, dikes or 
berms surrounding the storage areas.
    6.S.5.3.4  Material Storage Areas. Maintain the vessels of stored 
materials (e.g., used oils, hydraulic fluids, spent solvents, and waste 
aircraft fuel) in good condition, to prevent or minimize contamination 
of storm water. Also plainly label the vessels (e.g., ``used oil,'' 
``Contaminated Jet A,'' etc.). Describe and implement measures that 
prevent or minimize contamination of precipitation/runoff from these 
areas. Consider the following BMPs (or their equivalents): Storing 
materials indoors; storing waste materials in a centralized location; 
and installing berms/dikes around storage areas.
    6.S.5.3.5  Airport Fuel System and Fueling Areas. Describe and 
implement measures that prevent or minimize the discharge of fuel to 
the storm sewer/surface waters resulting from fuel servicing activities 
or other operations conducted in support of the airport fuel system. 
Consider the following BMPs (or their equivalents): Implementing spill 
and overflow practices (e.g., placing absorptive materials beneath 
aircraft during fueling operations); using dry cleanup methods; and 
collecting storm water runoff.
    6.S.5.3.6  Source Reduction. Consider alternatives to the use of 
urea and glycol-based deicing chemicals to reduce the aggregate amount 
of deicing chemicals used and/or lessen the environmental impact. 
Chemical options to replace ethylene glycol, propylene glycol and urea 
include: Potassium acetate; magnesium acetate; calcium acetate; 
anhydrous sodium acetate.
    6.S.5.3.6.1  Runway Deicing Operation: Regarding runway deicing, 
evaluate, at a minimum: Whether over-application of deicing chemicals 
occurs by analyzing present application rates, and adjusting as 
necessary. Also consider these BMP options (or their equivalents): 
Metered application of chemicals; pre-wetting dry chemical constituents 
prior to application; installing a runway ice detection system; 
implementing anti-icing operations as a preventive measure against ice 
buildup.
    6.S.5.3.6.2  Aircraft Deicing Operations: As in Part 6.S.5.4.6.1, 
determine if excessive application of deicing chemicals occurs and 
adjust as necessary. Also consider these BMP options (or their 
equivalents): Pretreating aircraft with hot water prior to the 
application of deicing chemical; infra-red treatment; hot air 
treatment; and sonic treatment. Other deicing options: Deicing aircraft 
in a dedicated area or pad, with a runoff collection/recovery system; 
and using a deicer gantry that delivers controlled amounts of chemical 
to specific areas of the aircraft.
    6.S.5.3.7  Management of Runoff. Where deicing operations occur, 
describe and implement a program to control or manage contaminated 
runoff to reduce the amount of pollutants being discharged from the 
site. Consider these BMP options (or their equivalents): A dedicated 
deicing facility with a runoff collection/recovery system; using 
vacuum/collection trucks; storing contaminated storm water/deicing 
fluids in tanks and releasing controlled amounts to a publicly owned 
treatment works; collecting contaminated runoff in a wet pond for 
biochemical decomposition (be aware of attracting wildlife that may 
prove hazardous to flight operations); and directing runoff into 
vegetative swales or other infiltration measures. Also consider 
recovering deicing materials when these materials are applied during 
non-precipitation events (e.g., covering storm sewer inlets, using 
booms, installing absorptive interceptors in the drains, etc.) to 
prevent these materials from later becoming a source of storm water 
contamination. Used deicing fluid should be recycled whenever possible.
    6.S.5.4  Inspections. (See also 4.2.7.2.1.5) Specify the frequency 
of inspections in your SWPPP. At a minimum they must be conducted once 
per week during deicing application periods for areas where deicing 
operations are being conducted.
    6.S.5.5  Comprehensive Site Compliance Evaluation. (See also 4.9) 
Using only qualified personnel, conduct your annual site compliance 
evaluations during periods of deicing operations.

6.S.6  Monitoring and Reporting Requirements.

    (See also Part 5.)

                    Table S-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                  Benchmark monitoring
             Subsector 1                      Parameter          cutoff concentration 2     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Facilities at airports that use more   Biochemical Oxygen       30 mg/L.                 .......................
 than 100,000 gallons of glycol-based   Demand (BOD5).
 deicing/anti-icing chemicals and/or
 100 tons or more of urea on an
 average annual basis: monitor ONLY
 those outfalls from the airport
 facility that collect runoff from
 areas where deicing/anti-icing
 activities occur (SIC 45XX).
                                       Chemical Oxygen Demand   120.0 mg/L.              .......................
                                        (COD).
                                       Ammonia................  19 mg/L.                 .......................
                                       pH.....................  6.0 to 9 s.u...........  .......................
----------------------------------------------------------------------------------------------------------------
1 Discharge may be subject to requriements for more than one sector/subsector.
2 Monitor once/quarter for the year 2 and year 4 monitoring years.


[[Page 17086]]

6.T  Sector T--Treatment Works

6.T.1  Covered Storm Water Discharges

    The requirements in Part 6.T apply to storm water discharges 
associated with industrial activity from Treatment Works as identified 
by the Activity Code specified under Sector T in Table 1-1 of Part 
1.2.1.

6.T.2  Industrial Activities Covered by Sector T

    The requirements listed under this Part apply to all existing point 
source storm water discharges associated with the following activities:
    6.T.2.1  treatment works treating domestic sewage;
    6.T.2.2  any other sewage sludge or wastewater treatment device or 
system, used in the storage, treatment, recycling and reclamation of 
municipal or domestic sewage;
    6.T.2.3  lands dedicated to the disposal of sewage sludge that are 
located within the confines of the facility with a design flow of 1.0 
MGD or more;
    6.T.2.4  facilities required to have an approved pretreatment 
program under 40
    CFR Part 403.

6.T.3  Limitations on Coverage

    Not covered by this permit: farm lands; domestic gardens or lands 
used for sludge management where sludge is beneficially reused and 
which are not physically located within the facility; or areas that are 
in compliance with Section 405 of the CWA.
    6.T.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not authorized by this permit: Sanitary and industrial 
wastewater; and equipment/vehicle washwater.

6.T.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.T.4.1  Site Map. (See also Part 4.2.2.3.6) Identify where any of 
the following may be exposed to precipitation/surface runoff: Grit, 
screenings and other solids handling, storage or disposal areas; sludge 
drying beds; dried sludge piles; compost piles; septage or hauled waste 
receiving station; and storage areas for process chemicals, petroleum 
products, solvents, fertilizers, herbicides and pesticides.
    6.T.4.2  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following additional sources and activities that have 
potential pollutants associated with them, as applicable: Grit, 
screenings and other solids handling, storage or disposal areas; sludge 
drying beds; dried sludge piles; compost piles; septage or hauled waste 
receiving station; and access roads/rail lines.
    6.T.4.3  Best Management Practices (BMPs). (See also Part 4.2.7.2) 
In addition to the other BMPs considered, consider the following: 
Routing storm water to the treatment works; or covering exposed 
materials (i.e., from the following areas: Grit, screenings and other 
solids handling, storage or disposal areas; sludge drying beds; dried 
sludge piles; compost piles; septage or hauled waste receiving 
station).
    6.T.4.4  Inspections. (See also Part 4.2.7.2.1.5) Include the 
following areas in all inspections: Access roads/rail lines; grit, 
screenings and other solids handling, storage or disposal areas; sludge 
drying beds; dried sludge piles; compost piles; septage or hauled waste 
receiving station areas.
    6.T.4.5  Employee Training. (See also Part 4.2.7.2.1.6) At a 
minimum, must address the following areas when applicable to a 
facility: Petroleum product management; process chemical management; 
spill prevention and controls; fueling procedures; general good 
housekeeping practices; proper procedures for using fertilizer, 
herbicides and pesticides.
    6.T.4.6  Wastewater and Washwater Requirements. (See also Part 4.4) 
Attach to your SWPPP a copy of all your current NPDES permits issued 
for wastewater, industrial, vehicle and equipment washwater discharges 
or, if an NPDES permit has not yet been issued, a copy of the pending 
applications. Address any requirements/conditions from the other 
permits, as appropriate, in the SWPPP. If the washwater is handled in 
another manner, the disposal method must be described and all pertinent 
documentation must be attached to the plan.

6.U  Sector U--Food and Kindred Products

6.U.1  Covered Storm Water Discharges

    The requirements in Part 6.U apply to storm water discharges 
associated with industrial activity from Food and Kindred Products 
facilities as identified by the SIC Codes specified in Table 1-1 of 
Part 1.2.1.

6.U.2  Industrial Activities Covered by Sector U

    The types of activities that permittees under Sector U are 
primarily engaged in are:
    6.U.2.1  meat products;
    6.U.2.2  dairy products;
    6.U.2.3  canned, frozen and preserved fruits, vegetables, and food 
specialties;
    6.U.2.4  grain mill products;
    6.U.2.5  bakery products;
    6.U.2.6  sugar and confectionery products;
    6.U.2.7  fats and oils;
    6.U.2.8  beverages;
    6.U.2.9  miscellaneous food preparations and kindred products and 
tobacco products manufacturing.

6.U.3  Limitations on Coverage

    Not covered by this permit: Storm water discharges identified under 
Part 1.2.3 from industrial plant yards, material handling sites; refuse 
sites; sites used for application or disposal of process wastewaters; 
sites used for storage and maintenance of material handling equipment; 
sites used for residential wastewater treatment, storage, or disposal; 
shipping and receiving areas; manufacturing buildings; and storage 
areas for raw material and intermediate and finished products. This 
includes areas where industrial activity has taken place in the past 
and significant materials remain. ``Material handling activities'' 
include the storage, loading/unloading, transportation or conveyance of 
any raw material, intermediate product, finished product, by-product or 
waste product.
    6.U.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.2.2) Not authorized by this permit: discharges subject to Part 
1.2.2.2 include discharges containing: boiler blowdown, cooling tower 
overflow and blowdown, ammonia refrigeration purging and vehicle 
washing/clean-out operations.

6.U.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.U.4.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
the locations of the following activities if they are exposed to 
precipitation/runoff: Vents/stacks from cooking, drying and similar 
operations; dry product vacuum transfer lines; animal holding pens; 
spoiled product; and broken product container storage areas.
    6.U.4.2  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe, in addition to food and kindred products processing-related 
industrial activities, application and storage of pest control 
chemicals (e.g., rodenticides, insecticides, fungicides, etc.) used on 
plant grounds.
    6.U.4.3  Inspections. (See also Part 4.2.7.2.1.5) Inspect on a 
regular basis, at

[[Page 17087]]

a minimum, the following areas where the potential for exposure to 
storm water exists: Loading and unloading areas for all significant 
materials; storage areas including associated containment areas; waste 
management units; vents and stacks emanating from industrial 
activities; spoiled product and broken product container holding areas; 
animal holding pens; staging areas; and air pollution control 
equipment.
    6.U.4.4  Employee Training. (See also Part 4.2.7.2.1.6) Address 
pest control in the training program.

6.U.5  Monitoring and Reporting Requirements

    (See also Part 5)

                Table U-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Grain Mill Products (SIC 2041-2048).  Total Suspended Solids   100 mg/L.                 .......................
                                       (TSS).
Fats and Oils Products (SIC 2074-     Biochemical Oxygen       30 mg/L.                  .......................
 2079).                                Demand (BOD5).
                                      Chemical Oxygen Demand   120 mg/L.                 .......................
                                       (COD).
                                      Nitrate plus Nitrite     0.68 mg/L.                .......................
                                       Nitrogen.
                                      Total Suspended Solids   100 mg/L.                 .......................
                                       (TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one Sector/Subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.V  Sector V--Textile Mills, Apparel and Other Fabric Products

6.V.1  Covered Storm Water Discharges

    The requirements in Part 6.V apply to storm water discharges 
associated with industrial activity from Textile Mills, Apparel, and 
Other Fabric Product Manufacturing as identified by the Activity Code 
specified under Sector V in Table 1-1 of Part 1.2.1.

6.V.2  Industrial Activities Covered by Sector V

    The types of activities that permittees under Sector V are 
primarily engaged in are:
    6.V.2.1  textile mill products, of and regarding facilities and 
establishments engaged in the preparation of fiber and subsequent 
manufacturing of yarn, thread, braids, twine, and cordage, the 
manufacturing of broadwoven fabrics, narrow woven fabrics, knit 
fabrics, and carpets and rugs from yarn;
    6.V.2.2  processes involved in the dyeing and finishing of fibers, 
yarn fabrics, and knit apparel;
    6.V.2.3  the integrated manufacturing of knit apparel and other 
finished articles of yarn;
    6.V.2.4  the manufacturing of felt goods (wool), lace goods, non-
woven fabrics, miscellaneous textiles, and other apparel products.

6.V.3  Limitations on Coverage

    6.V.3.1  Prohibition of Non-Storm Water Discharges. (See also Part 
1.2.3.1) Not authorized by this permit: Discharges of wastewater (e.g., 
wastewater resulting from wet processing or from any processes relating 
to the production process); reused/recycled water; and waters used in 
cooling towers. If you have these types of discharges from your 
facility, you must cover them under a separate NPDES permit.

6.V.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.V.4.1  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following additional sources and activities that have 
potential pollutants associated with them: Industrial-specific 
significant materials and industrial activities (e.g., backwinding, 
beaming, bleaching, backing bonding, carbonizing, carding, cut and sew 
operations, desizing, drawing, dyeing locking, fulling, knitting, 
mercerizing, opening, packing, plying, scouring, slashing, spinning, 
synthetic-felt processing, textile waste processing, tufting, turning, 
weaving, web forming, winging, yarn spinning, and yarn texturing).
    6.V.4.2  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.V.4.2.1  Material Storage Area. Plainly label and store all 
containerized materials (e.g., fuels, petroleum products, solvents, 
dyes, etc.) in a protected area, away from drains. Describe and 
implement measures that prevent or minimize contamination of the storm 
water runoff from such storage areas, including a description of the 
containment area or enclosure for those materials stored outdoors. Also 
consider an inventory control plan to prevent excessive purchasing of 
potentially hazardous substances. For storing empty chemical drums/
containers, ensure the drums/containers are clean (consider triple-
rinsing) and there is no contact of residuals with precipitation/
runoff. Collect and dispose of washwater from these cleanings properly.
    6.V.4.2.2  Material Handling Area. Describe and implement measures 
that prevent or minimize contamination of storm water runoff from 
material handling operations and areas. Consider the following (or 
their equivalents): Use of spill/overflow protection; covering fueling 
areas; and covering/enclosing areas where the transfer of material may 
occur. Where applicable address the replacement or repair of leaking 
connections, valves, transfer lines and pipes that may carry chemicals, 
dyes or wastewater.
    6.V.4.2.3  Fueling Areas. Describe and implement measures that 
prevent or minimize contamination of storm water runoff from fueling 
areas. Consider the following (or their equivalents): Covering the 
fueling area, using spill and overflow protection, minimizing runon of 
storm water to the fueling areas, using dry cleanup methods, and 
treating and/or recycling storm water runoff collected from the fueling 
area.
    6.V.4.2.4  Above Ground Storage Tank Area. Describe and implement 
measures that prevent or minimize contamination of the storm water 
runoff from above ground storage tank areas, including the associated 
piping and valves. Consider the following (or their equivalents): 
Regular cleanup of these areas; preparation of the spill prevention 
control and countermeasure

[[Page 17088]]

program, provide spill and overflow protection; minimizing runoff of 
storm water from adjacent areas; restricting access to the area; 
insertion of filters in adjacent catch basins; providing absorbent 
booms in unbermed fueling areas; using dry cleanup methods; and 
permanently sealing drains within critical areas that may discharge to 
a storm drain.
    6.V.4.3  Inspections. (See also Part 4.2.7.2.1.5) Inspect, at least 
on a monthly basis, the following activities and areas (at a minimum): 
Transfer and transmission lines; spill prevention; good housekeeping 
practices; management of process waste products; all structural and non 
structural management practices.
    6.V.4.4  Employee Training. (See also Part 4.2.7.2.1.6) As part of 
your employee training program, address, at a minimum, the following 
activities (as applicable): use of reused/recycling waters; solvents 
management; proper disposal of dyes; proper disposal of petroleum 
products and spent lubricants; spill prevention and control; fueling 
procedures; and general good housekeeping practices.
    6.V.4.5  Comprehensive Site Compliance Evaluation. (See also Part 
4.9) Conduct regularly scheduled evaluations at least once a year and 
address those areas contributing to a storm water discharge associated 
with industrial activity for evidence of, or the potential for, 
pollutants entering the drainage system. Inspect, at a minimum, as 
appropriate: Storage tank areas; waste disposal and storage areas; 
dumpsters and open containers stored outside; materials storage areas; 
engine maintenance and repair areas; material handing areas and loading 
dock areas.

6.W Sector W--Furniture and Fixtures

6.W.1  Covered Storm Water Discharges

    The requirements in Part 6.W apply to storm water discharges 
associated with industrial activity from Furniture and Fixtures 
facilities as identified by the Activity Code specified under Sector W 
in Table 1-1 of Part 1.2.1.

6.W.2  Industrial Activities Covered by Sector W

    The types of activities that permittees under Sector W are 
primarily engaged in the manufacturing of:
    6.W.2.1  wood kitchen cabinets;
    6.W.2.2  household furniture;
    6.W.2.3  office furniture;
    6.W.2.4  public buildings and related furniture;
    6.W.2.5  partitions, shelving, lockers, and office and store 
fixtures;
    6.W.2.6  miscellaneous furniture and fixtures.

6.W.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.W.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Material storage (including tanks or other vessels used for 
liquid or waste storage) areas; outdoor material processing areas; 
areas where wastes are treated, stored or disposed; access roads; and 
rail spurs.

6.X  Sector X--Printing and Publishing

6.X.1  Covered Storm Water Discharges

    The requirements in Part 6.X apply to storm water discharges 
associated with industrial activity from Printing and Publishing 
facilities as identified by the Activity Code specified under Sector X 
in Table 1.1 of Part 1.2.1.

6.X.2  Industrial Activities Covered by Sector X

    The types of activities that permittees under Sector X are 
primarily engaged in are:
    6.X.2.1  book printing;
    6.X.2.2  commercial printing and lithographics;
    6.X.2.3  plate making and related services;
    6.X.2.4  commercial printing, gravure;
    6.X.2.5  commercial printing not elsewhere classified.

6.X.3  Storm Water Pollution Prevention Plan Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.X.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Above ground storage tanks, drums and barrel permanently stored 
outside.
    6.X.3.2  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following additional sources and activities that have 
potential pollutants associated with them, as applicable: Loading and 
unloading operations; outdoor storage activities; significant dust or 
particulate generating processes; and onsite waste disposal practices 
(e.g., blanket wash). Also identify the pollutant or pollutant 
parameter (e.g., oil and grease, scrap metal, etc.) associated with 
each pollutant source.
    6.X.3.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.X.3.3.1  Material Storage Areas. Plainly label and store all 
containerized materials (e.g., skids, pallets, solvents, bulk inks, and 
hazardous waste, empty drums, portable/mobile containers of plant 
debris, wood crates, steel racks, fuel oil, etc.) in a protected area, 
away from drains. Describe and implement measures that prevent or 
minimize contamination of the storm water runoff from such storage 
areas, including a description of the containment area or enclosure for 
those materials stored outdoors. Also consider an inventory control 
plan to prevent excessive purchasing of potentially hazardous 
substances.
    6.X.3.3.2  Material Handling Area. Describe and implement measures 
that prevent or minimize contamination of storm water runoff from 
material handling operations and areas (e.g., blanket wash, mixing 
solvents, loading/unloading materials). Consider the following (or 
their equivalents): Use of spill/overflow protection; covering fueling 
areas; and covering/enclosing areas where the transfer of materials may 
occur. Where applicable address the replacement or repair of leaking 
connections, valves, transfer lines and pipes that may carry chemicals 
or wastewater.
    6.X.3.3.3  Fueling Areas. Describe and implement measures that 
prevent or minimize contamination of storm water runoff from fueling 
areas. Consider the following (or their equivalents): Covering the 
fueling area, using spill and overflow protection, minimizing runoff of 
storm water to the fueling areas, using dry cleanup methods, and 
treating and/or recycling storm water runoff collected from the fueling 
area.
    6.X.3.3.4  Above Ground Storage Tank Area. Describe and implement 
measures that prevent or minimize contamination of the storm water 
runoff from above ground storage tank areas, including the associated 
piping and valves. Consider the following (or their equivalents): 
Regular cleanup of these areas; preparation of the spill prevention 
control and countermeasure program, provide spill and overflow 
protection; minimizing runoff of storm water from adjacent areas; 
restricting access to the area; insertion of filters in adjacent catch 
basins; providing absorbent booms in unbermed fueling areas; using dry 
cleanup methods; and permanently sealing drains within critical areas 
that may discharge to a storm drain.
    6.X.3.4  Employee Training. (See also Part 4.2.7.2.1.6) As part of 
your employee training program, address, at a minimum, the following 
activities (as applicable): Spent solvent management; spill prevention 
and control; used oil management; fueling procedures; and general good 
housekeeping practices.

[[Page 17089]]

6.Y  Sector Y--Rubber, Miscellaneous Plastic Products and Miscellaneous 
Manufacturing Industries

6.Y.1  Covered Storm Water Discharges

    The requirements in Part 6.Y apply to storm water discharges 
associated with industrial activity from Rubber, Miscellaneous Plastic 
Products and Miscellaneous Manufacturing Industries facilities as 
identified by the Activity Code specified under Sector Y in Table 1-1 
of Part 1.2.1.

6.Y.2  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.Y.2.1  Potential Pollutant Sources. (See also Part 4.2.4) Review 
the use of zinc at your facility and the possible pathways through 
which zinc may be discharged in storm water runoff.
    6.Y.2.2  Controls for Rubber Manufacturers. (See also Part 4.2.7) 
Describe and implement specific controls to minimize the discharge of 
zinc in your storm water discharges. Parts 6.Y.2.2.1 to 6.Y.2.2.5 give 
possible sources of zinc to be reviewed and list some specific BMPs to 
be considered for implementation (or their equivalents). Some general 
BMP options to consider: Using chemicals which are purchased in pre-
weighed, sealed polyethylene bags; storing materials which are in use 
in sealable containers; ensuring an airspace between the container and 
the cover to minimize ``puffing'' losses when the container is opened; 
and using automatic dispensing and weighing equipment.
    6.Y.2.2.1  Inadequate Housekeeping. Review the handling and storage 
of zinc bags at your facility. BMP options: Employee training on the 
handling/storage of zinc bags; indoor storage of zinc bags; cleanup 
zinc spills without washing the zinc into the storm drain, and the use 
of 2,500-pound sacks of zinc rather than 50- to 100-pound sacks;
    6.Y.2.2.2  Dumpsters. Reduce discharges of zinc from dumpsters. BMP 
options: Covering the dumpster; moving the dumpster indoors; or provide 
a lining for the dumpster.
    6.Y.2.2.3  Malfunctioning Dust Collectors or Baghouses. Review dust 
collectors/baghouses as possible sources in zinc in storm water runoff. 
Replace or repair, as appropriate, improperly operating dust 
collectors/baghouses.
    6.Y.2.2.4  Grinding Operations. Review dust generation from rubber 
grinding operations and, as appropriate, install a dust collection 
system.
    6.Y.2.2.5  Zinc Stearate Coating Operations. Detail appropriate 
measures to prevent or clean up drips/spills of zinc stearate slurry 
that may be released to the storm drain. BMP option: using alternate 
compounds to zinc stearate.
    6.Y.2.3  Controls for Plastic Products Manufacturers. Describe and 
implement specific controls to minimize the discharge of plastic resin 
pellets in your storm water discharges. BMPs to be considered for 
implementation (or their equivalents): Minimizing spills; cleaning up 
of spills promptly and thoroughly; sweeping thoroughly; pellet 
capturing; employee education and disposal precautions.

6.Y.3  Monitoring and Reporting Requirements

    (See also Part 5)

                Table Y-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Tires and Inner Tubes; Rubber         Total Recoverable Zinc.  0.117 mg/L.               .......................
 Footwear; Gaskets, Packing and
 Sealing Devices; Rubber Hose and
 Belting; and Fabricated Rubber
 Products, Not Elsewhere Classified
 (SIC 3011-3069, rubber
 manufacturing only).
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.Z  Sector Z--Leather Tanning and Finishing

6.Z.1  Covered Storm Water Discharges

    The requirements in Part 6.Z apply to storm water discharges 
associated with industrial activity from Leather Tanning and Finishing 
facilities as identified by the Activity Code specified under Sector Z 
in Table 1-1 of Part 1.2.1.

6.Z.2  Industrial Activities Covered by Sector Z

    The types of activities that permittees under Sector Z are 
primarily engaged are leather tanning, curry and finishing;

6.Z.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.Z.3.1  Drainage Area Site Map. (See also Part 4.2.2.3)
    Identify where any of the following may be exposed to 
precipitation/surface runoff: Processing and storage areas of the 
beamhouse, tanyard, and re-tan wet finishing and dry finishing 
operations; and haul roads, access roads and rail spurs.
    6.Z.3.2  Potential Pollutant Sources. (See also Part 4.2.4)
    At a minimum, describe the following additional sources and 
activities that have potential pollutants associated with them (as 
appropriate): Temporary or permanent storage of fresh and brine cured 
hides; extraneous hide substances and hair; leather dust, scraps, 
trimmings and shavings; chemical drums, bags, containers and above 
ground tanks; empty chemical containers and bags; spent solvents; floor 
sweepings/washings; refuse, waste piles and sludge; and significant 
dust/particulate generating processes (e.g., buffing).
    6.Z.3.3  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.Z.3.3.1  Storage Areas for Raw, Semiprocessed or Finished Tannery 
Byproducts. Pallets/bales of raw, semiprocessed or finished tannery 
byproducts (e.g., splits, trimmings, shavings, etc.) should be stored 
indoors or protected by polyethylene wrapping, tarpaulins, roofed 
storage, etc. Consider placing materials on an impermeable surface, and 
enclosing or putting berms (or equivalent measures) around the area to 
prevent storm water runon/runoff.
    6.Z.3.3.2  Material Storage Areas. Label storage containers of all 
materials (e.g., specific chemicals, hazardous materials, spent 
solvents, waste materials). Describe and implement measures that 
prevent/minimize contact with storm water.
    6.Z.3.3.3  Buffing and Shaving Areas. Describe and implement 
measures that

[[Page 17090]]

prevent or minimize contamination of storm water runoff with leather 
dust from buffing/shaving areas. Consider dust collection enclosures, 
preventive inspection/maintenance programs or other appropriate 
preventive measures.
    6.Z.3.3.4  Receiving, Unloading, and Storage Areas. Describe and 
implement measures that prevent or minimize contamination of storm 
water runoff from receiving, unloading, and storage areas. If these 
areas are exposed, consider (or their equivalent): Covering all hides 
and chemical supplies; diverting drainage to the process sewer; or 
grade berming/curbing area to prevent runoff of storm water.
    6.Z.3.3.5  Outdoor Storage of Contaminated Equipment. Describe and 
implement measures that prevent or minimize contact of storm water with 
contaminated equipment. Consider (or their equivalent): Covering 
equipment; diverting drainage to the process sewer; and cleaning 
thoroughly prior to storage.
    6.Z.3.3.6  Waste Management. Describe and implement measures that 
prevent or minimize contamination of storm water runoff from waste 
storage areas. Consider (or their equivalent): Inspection/maintenance 
programs for leaking containers or spills; covering dumpsters; moving 
waste management activities indoors; covering waste piles with 
temporary covering material such as tarpaulins or polyethylene; and 
minimizing storm water runoff by enclosing the area or building berms 
around the area.

6.AA  Sector AA--Fabricated Metal Products

6.AA.1  Covered Storm Water Discharges

    The requirements in Part 6.AA apply to storm water discharges 
associated with industrial activity from Fabricated Metal Products 
facilities as identified by the Activity Code specified under Sector AA 
in Table 1-1 of Part 1.2.1.

6.AA.2  Industrial Activities Covered by Sector AA

    The types of activities that permittees under Sector AA are 
primarily engaged in are:
    6.AA.2.1  fabricated metal products; except for electrical related 
industries;
    6.AA.2.2  fabricated metal products; except machinery and 
transportation equipment;
    6.AA.2.3  jewelry, silverware, and plated ware.

6.AA.3  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.AA.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Raw metal storage areas; finished metal storage areas; scrap 
disposal collection sites; equipment storage areas; retention and 
detention basins; temporary/permanent diversion dikes or berms; right-
of-way or perimeter diversion devices; sediment traps/barriers; 
processing areas including outside painting areas; wood preparation; 
recycling; and raw material storage.
    6.AA.3.2  Spills and Leaks. (See also Part 4.2.5) When listing 
significant spills/leaks, pay attention to the following materials at a 
minimum: Chromium, toluene, pickle liquor, sulfuric acid, zinc and 
other water priority chemicals and hazardous chemicals and wastes.
    6.AA.3.3  Potential Pollutant Sources. (See also Part 4.2.4) 
Describe the following additional sources and activities that have 
potential pollutants associated with them: Loading and unloading 
operations for paints, chemicals and raw materials; outdoor storage 
activities for raw materials, paints, empty containers, corn cob, 
chemicals, and scrap metals; outdoor manufacturing or processing 
activities such as grinding, cutting, degreasing, buffing, brazing, 
etc; onsite waste disposal practices for spent solvents, sludge, 
pickling baths, shavings, ingots pieces, refuse and waste piles.
    6.AA.3.4  Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
    6.AA.3.4.1  Raw Steel Handling Storage. Describe and implement 
measures controlling or recovering scrap metals, fines and iron dust. 
Include measures for containing materials within storage handling 
areas.
    6.AA.3.4.2  Paints and Painting Equipment. Describe and implement 
measures to prevent or minimize exposure of paint and painting 
equipment to storm water.
    6.AA.3.5  Spill Prevention and Response Procedures. (See also Part 
4.2.7.2.1.4) Ensure the necessary equipment to implement a clean up is 
available to personnel. The following areas should be addressed:
    6.AA.3.5.1  Metal Fabricating Areas. Describe and implement 
measures for maintaining clean, dry, orderly conditions in these areas. 
Consider the use of dry clean-up techniques.
    6.AA.3.5.2  Storage Areas for Raw Metal. Describe and implement 
measures to keep these areas free of condition that could cause spills 
or leakage of materials. Consider the following (or their equivalents): 
Maintaining storage areas such that there is easy access in the event 
of a spill; and labeling stored materials to aid in identifying spill 
contents.
    6.AA.3.5.3  Receiving, Unloading, and Storage Areas. Describe and 
implement measures to prevent spills and leaks; plan for quick remedial 
clean up; and instruct employees on clean-up techniques and procedures.
    6.AA.3.5.4  Storage of Equipment. Describe and implement measures 
for preparing equipment for storage and the proper storage of 
equipment. Consider the following (or their equivalents): Protecting 
with covers; storing indoors; and cleaning potential pollutants from 
equipment to be stored outdoors.
    6.AA.3.5.5  Metal Working Fluid Storage Areas. Describe and 
implement measures for storage of metal working fluids.
    6.AA.3.5.6  Cleaners and Rinse Water. Describe and implement 
measures: To control/cleanup spills of solvents and other liquid 
cleaners; control sand buildup and disbursement from sand-blasting 
operations; and prevent exposure of recyclable wastes. Substitute 
environmentally-benign cleaners when possible.
    6.AA.3.5.7  Lubricating Oil and Hydraulic Fluid Operations. 
Consider using monitoring equipment or other devices to detect and 
control leaks/overflows. Consider installing perimeter controls such as 
dikes, curbs, grass filter strips or other equivalent measures.
    6.AA.3.5.8  Chemical Storage Areas. Describe and implement proper 
storage methods that prevent storm water contamination and accidental 
spillage. Include a program to inspect containers and identify proper 
disposal methods.
    6.AA.3.6  Inspections. (See also Part 4.2.7.2.1.5) Include, at a 
minimum, the following areas in all inspections: Raw metal storage 
areas; finished product storage areas; material and chemical storage 
areas; recycling areas; loading and unloading areas; equipment storage 
areas; paint areas; vehicle fueling and maintenance areas.
    6.AA.3.7  Comprehensive Site Compliance Evaluation. (See also Part 
4.9.2) As part of your evaluation, also inspect: Areas associated with 
the storage of raw metals; storage of spent solvents and chemicals; 
outdoor paint areas; and drainage from roof. Potential pollutants 
include chromium, zinc, lubricating oil, solvents, aluminum, oil and 
grease, methyl ethyl ketone, steel and other related materials.

[[Page 17091]]

6.AA.4  Monitoring and Reporting Requirements

    (See also Part 5)

                    Table AA-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                               [Part of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
                                                                 Benchmark monitoring
            Subsector \1\                    Parameter         cutoff concentration \2\     Numeric limitation
----------------------------------------------------------------------------------------------------------------
Fabricated Metal Products Except      Total Recoverable        0.75 mg/L.                .......................
 Coating (SIC 3411-3471, 3482-3499,    Aluminum.
 3911-3915).
                                      Total Recoverable Iron.  1.0 mg/L.                 .......................
                                      Total Recoverable Zinc.  0.117 mg/L.               .......................
                                      Nitrate plus Nitrite     0.68 mg/L.                .......................
                                       Nitrogen.
Fabricated Metal Coating and          Total Recoverable Zinc.  0.117 mg/L.               .......................
 Engraving (SIC 3479).
                                      Nitrate plus Nitrite     0.068 mg/L.               .......................
                                       Nitrogen.
----------------------------------------------------------------------------------------------------------------
\1\ Discharges may be subject to requirements for more than one sector/subsector.
\2\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.AB  Sector AB--Transportation Equipment, Industrial or Commercial 
Machinery

6.AB.1  Covered Storm Water Discharges

    The requirements in Part 6.AB apply to storm water discharges 
associated with industrial activity from Transportation Equipment, 
Industrial or Commercial Machinery facilities as identified by the 
Activity Code specified under Sector AB in Table 1-1 of Part 1.2.1.

6.AB.2  Industrial Activities Covered by Sector AB

    The types of activities that permittees under Sector AB are 
primarily engaged in are:
    6.AB.2.1  industrial plant yards;
    6.AB.2.2  material handling sites;
    6.AB.2.3  refuse sites;
    6.AB.2.4  sites used for application or disposal of process 
wastewaters;
    6.AB.2.5  sites used for storage and maintenance of material 
handling equipment;
    6.AB.2.6  sites used for residual treatment, storage, or disposal;
    6.AB.2.7  shipping and receiving areas;
    6.AB.2.8  manufacturing buildings;
    6.AB.2.9  storage areas for raw material and intermediate and 
finished products;
    6.AB.2.1  areas where industrial activity has taken place in the 
past and significant materials remain and are exposed to storm water.

6.AB.3  Storm Water Pollution Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply 
with the requirements listed in Part 4.
    6.AB.3.1  Drainage Area Site Map. (See also Part 4.2.2.3) Identify 
where any of the following may be exposed to precipitation/surface 
runoff: Vents and stacks from metal processing and similar operations.
    6.AB.3.2  Non-Storm Water Discharges. (See also Part 4.4) If your 
facility has a separate NPDES permit (or has applied for a permit) 
authorizing discharges of wastewater, attach a copy of the permit (or 
the application) to your SWPPP. Any new wastewater permits issued/
reissued to you must then replace the old one in your SWPPP. If you 
discharge wastewater, other than solely domestic wastewater, to a 
Publicly Owned Treatment Works (POTW), you must notify the POTW of the 
discharge (identify the types of wastewater discharged, including any 
storm water). As proof of this notification, attach to your SWPPP a 
copy of the permit issued to your facility by the POTW or a copy of 
your notification to the POTW.

6.AC  Sector AC--Electronic, Electrical Equipment and Components, 
Photographic and Optical Goods

6.AC.1  Covered Storm Water Discharges

    The requirements in Part 6.AC apply to storm water discharges 
associated with industrial activity from facilities that manufacture 
Electronic, Electrical Equipment and Components, Photographic and 
Optical Goods as identified by the SIC Codes specified in Table 1-1 of 
Part 1.2.1.

6.AC.2  Industrial Activities Covered by Sector AC

    The types of manufacturing activities that permittees under Sector 
AC are primarily engaged in are:
    6.AC.2.1  measuring, analyzing, and controlling instruments;
    6.AC.2.2  photographic, medical and optical goods;
    6.AC.2.3  watches and clocks; and
    6.AC.2.4  computer and office equipment.

6.AC.3  Additional Requirements

    No additional sector-specific requirements apply to this sector.

6.AD  Storm Water Discharges Designated By the Director As Requiring 
Permits

6.AD.1  Covered Storm Water Discharges

    Sector AD is used to provide permit coverage for facilities 
designated by the Director as needing a storm water permit, or any 
discharges of industrial activity that do not meet the description of 
an industrial activity covered by Sectors A-AC. Therefore, almost any 
type of storm water discharge could be covered under this sector. You 
must be assigned to Sector AD by the Director and may NOT choose sector 
AD as the sector describing your activities on your own.
    6.AD.1.1  Eligibility for Permit Coverage. Because this Sector only 
covers discharges designated by the Director as needing a storm water 
permit (which is an atypical circumstance) or your facility's 
industrial activities were inadvertently left out of Sectors A-AC, and 
your facility may or may not normally be discharging storm water 
associated with industrial activity, you must obtain the Director's 
written permission to use this permit prior to submitting a Notice of 
Intent. If you are authorized to use this permit, you will be required 
to ensure your discharges meet the basic eligibility provisions of this 
permit at Part 1.2.

6.AD.4  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    The Director will establish any additional storm water pollution 
prevention plan requirements for your facility at the time of accepting 
your Notice of Intent to be covered by this

[[Page 17092]]

permit. Additional requirements would be based on the nature of 
activities at your facility and your storm water discharges.

6.AD.5  Monitoring and Reporting Requirements

    The Director will establish any additional monitoring and reporting 
requirements for your facility at the time of accepting your Notice of 
Intent to be covered by this permit. Additional requirements would be 
based on the nature of activities at your facility and your storm water 
discharges.

7. Reporting

7.1  Reporting Results of Monitoring

    Depending on the types of monitoring required for your facility, 
you may have to submit the results of your monitoring or you may only 
have to keep the results with your pollution prevention plan. You must 
follow the reporting requirements and deadlines in Table 7-1 that apply 
to the types of monitoring that apply to your facility.
    If required, you must submit analytical monitoring results obtained 
from each outfall associated with industrial activity (or a 
certification as per 5.3.1) on a Discharge Monitoring Report (DMR) form 
(one form must be submitted for each storm event sampled). An example 
of a form is found in the Guidance Manual for the Monitoring and 
Reporting Requirements of the NPDES Storm Water Multi-Sector General 
Permit. A copy of the DMR is also available on the Internet at 
www.epa.gov/owm/sw/permits-and-forms/index.htm The signed DMR must be 
sent to: MSGP DMR (4203), US EPA, 401 M Street, SW, Washington, DC 
20460.

    Note: If EPA notifies dischargers (either directly, by public 
notice or by making information available on the Internet) of other 
DMR form options that become available at a later date (e.g., 
electronic submission of forms), you may take advantage of those 
options to satisfy the DMR use and submission requirements of Part 
7.


     Table 7-1.--DMR/Alternative Certification Submission Deadlines
------------------------------------------------------------------------
           Type of monitoring             Reporting deadline (postmark)
------------------------------------------------------------------------
Monitoring for numeric limitations.....  Submit results by the 28th day
                                          of the month following the
                                          monitoring period.
Benchmark monitoring:..................
    Monitoring year 2001-2002..........  Save and submit all results for
                                          year in one package by January
                                          28, 2003.
    Monitoring year 2003-2004..........  Save and submit all results for
                                          year in one package by January
                                          28, 2005.
Biannual monitoring for metal mining     Save and submit all results for
 facilities (see Part 6.G).               year in one package by January
                                          28 of the year following the
                                          monitoring year.
Visual monitoring......................  Retain results with SWPPP--do
                                          not submit unless requested to
                                          do so by permitting authority.
State/Tribal/Territory-specific          See Part 13 (conditions for
 monitoring.                              specific States, indian
                                          country, and territories).
------------------------------------------------------------------------

7.2  Additional Reporting for Dischargers to a Large or Medium 
Municipal Separate Storm Sewer System

    If you discharge 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), you must also 
submit signed copies of your discharge monitoring reports to the 
operator of the municipal separate storm sewer system in accordance 
with the dates provided in Table 7-1.

7.3  Miscellaneous Reports

    You must submit any other reports required by this permit to the 
Director of the NPDES program at the address of the appropriate 
Regional Office listed in Part 8.3.

8. Retention of Records

8.1  Documents

    You must retain copies of storm water pollution prevention plans 
and all reports required by this permit, and records of all data used 
to complete the Notice of Intent to be covered by this permit, for a 
period of at least three years from the date that the facility's 
coverage under this permit expires or is terminated. This period may be 
extended by request of the Director at any time.

8.2  Accessibility

    You must retain a copy of the storm water pollution prevention plan 
required by this permit (including a copy of the permit language) at 
the facility (or other local location accessible to the Director, a 
State, Tribal or Territorial agency with jurisdiction over water 
quality protection; local government officials; or the operator of a 
municipal separate storm sewer receiving discharges from the site) from 
the date of permit coverage to the date of permit coverage ceases.

8.3  Addresses

    Except for the submittal of NOIs and NOTs (see Parts 2.1 and 11.2, 
respectively), all written correspondence concerning discharges in any 
State, Indian Country land, Territory, or from any Federal facility 
covered under this permit and directed to the EPA, including the 
submittal of individual permit applications, must be sent to the 
address of the appropriate EPA Regional Office listed below:

8.3.1  Region 1: CT, MA, ME, NH, RI, VT

    EPA Region 1, Office of Ecosystem Protection, One Congress Street--
CMU, Boston, MA 02114.

8.3.2  Region 2: NJ, NY, PR, VI

    United States EPA, Region 2, Caribbean Environmental Protection 
Division, Environmental Management Branch, Centro Europa Building, 1492 
Ponce de Leon Ave., Suite 417, San Juan, PR 00907-4127.

8.3.3  Region 3: DE, DC, MD, PA, VA, WV

    EPA Region 3, Water Protection Division (3WP13), Storm Water 
Coordinator, 1650 Arch Street, Philadelphia, PA 19103.

8.3.4  Region 4: AL, FL, GA, KY, MS, NC, SC, TN

    Environmental Protection Agency, Region 4, Clean Water Act 
Enforcement Section, Water Programs Enforcement Branch, Water 
Management Division,

[[Page 17093]]

Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, GA 30303.

8.3.5  Region 5: IL, IN, MI, MN, OH, WI (Coverage Not Available Under 
this Permit)

8.3.6  Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo 
lands, and see Region 8 for Ute Mountain Reservation lands)

    United States EPA, Region 6, Storm Water Staff, Enforcement and 
Compliance Assurance Division (GEN-WC), EPA SW Construction GP, P.O. 
Box 50625, Dallas, TX 75205.

8.3.7  Region 7: (Coverage Not Available Under this Permit)

8.3.8  Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for 
Goshute Reservation and Navajo Reservation lands), the Ute Mountain 
Reservation in NM, and the Pine Ridge Reservation in NE

    United States EPA, Region 8, Ecosystems Protection Program (8EPR-
EP), Storm Water Staff, 999 18th Street, Suite 500, Denver, CO 80202-
2466.

8.3.9  Region 9: AZ, CA, HI, NV, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, the Goshute Reservation in UT and NV, 
the Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation 
in ID, Fort McDermitt Reservation in OR

    United States EPA, Region 9, Water Management Division, WTR-5, 
Storm Water Staff, 75 Hawthorne Street, San Francisco, CA 94105.

8.3.10  Region 10: AK, WA, ID (except see Region 9 for Duck Valley 
Reservation lands), OR (except see Region 9 for Fort McDermitt 
Reservation)

    United States EPA, Region 10, Office of Water OW-130, Storm Water 
Staff, 1200 6th Avenue, Seattle, WA 98101.

8.4  State, Tribal, and Other Agencies

    The following addresses are provided for convenience and to 
accommodate any special reporting requirements under Part 13 of the 
Permit.
Reserved

9. Standard Permit Conditions

9.1  Duty To Comply

    9.1.1  You must comply with all conditions of this permit. Any 
permit noncompliance constitutes a violation of CWA and is grounds for 
enforcement action; for permit termination, revocation and reissuance, 
or modification; or for denial of a permit renewal application.
    9.1.2  Penalties for Violations of Permit Conditions: The Director 
will adjust the civil and administrative penalties listed below in 
accordance with the Civil Monetary Penalty Inflation Adjustment Rule 
(Federal Register: December 31, 1996, Volume 61, Number 252, pages 
69359-69366, as corrected, March 20, 1997, Volume 62, Number 54, pages 
13514-13517) as mandated by the Debt Collection Improvement Act of 1996 
for inflation on a periodic basis. This rule allows EPA's penalties to 
keep pace with inflation. The Agency is required to review its 
penalties at least once every four years thereafter and to adjust them 
as necessary for inflation according to a specified formula. The civil 
and administrative penalties listed below were adjusted for inflation 
starting in 1996.

9.1.2.1  Criminal Penalties

    9.1.2.1.1  Negligent Violations.
    The CWA provides that any person who negligently violates permit 
conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 
of the Act is subject to a fine of not less than $2,500 nor more than 
$25,000 per day of violation, or by imprisonment for not more than 1 
year, or both.
    9.1.2.1.2  Knowing Violations.
    The CWA provides that any person who knowingly violates permit 
conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 
of the Act is subject to a fine of not less than $5,000 nor more than 
$50,000 per day of violation, or by imprisonment for not more than 3 
years, or both.
    9.1.2.1.3  Knowing Endangerment.
    The CWA provides that any person who knowingly violates permit 
conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 
of the Act and who knows at that time that he is placing another person 
in imminent danger of death or serious bodily injury is subject to a 
fine of not more than $250,000, or by imprisonment for not more than 15 
years, or both.
    9.1.2.1.4  False Statement.
    The CWA provides that any person who knowingly makes any false 
material statement, representation, or certification in any 
application, record, report, plan, or other document filed or required 
to be maintained under the Act or who knowingly falsifies, tampers 
with, or renders inaccurate, any monitoring device or method required 
to be maintained under the Act, shall upon conviction, be punished by a 
fine of not more than $10,000 or by imprisonment for not more than two 
years, or by both. If a conviction is for a violation committed after a 
first conviction of such person under this paragraph, punishment shall 
be by a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than four years, or by both. (See section 
309(c)(4) of the Clean Water Act).

9.1.2.2  Civil Penalties

    The CWA provides that any person who violates a permit condition 
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
is subject to a civil penalty not to exceed $27,500 per day for each 
violation.

9.1.2.3  Administrative Penalties

    The CWA provides that any person who violates a permit condition 
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
is subject to an administrative penalty, as follows:
    9.1.2.3.1  Class I Penalty.
    Not to exceed $11,000 per violation nor shall the maximum amount 
exceed $27,500.
    9.1.2.3.2  Class II Penalty.
    Not to exceed $11,000 per day for each day during which the 
violation continues nor shall the maximum amount exceed $137,500.

9.2  Continuation of the Expired General Permit

    If this permit is not reissued or replaced prior to the expiration 
date, it will be administratively continued in accordance with the 
Administrative Procedures Act and remain in force and effect. Any 
permittee who was granted permit coverage prior to the expiration date 
will automatically remain covered by the continued permit until the 
earlier of:
    9.2.1  Reissuance or replacement of this permit, at which time you 
must comply with the Notice of Intent conditions of the new permit to 
maintain authorization to discharge; or
    9.2.2  your submittal of a Notice of Termination; or
    9.2.3  issuance of an individual permit for your discharges; or
    9.2.4  a formal permit decision by the Director not to reissue this 
general permit, at which time you must seek coverage under an 
alternative general permit or an individual permit.

9.3  Need To Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
permit.

[[Page 17094]]

9.4  Duty To Mitigate

    You must take all reasonable steps to minimize or prevent any 
discharge in violation of this permit which has a reasonable likelihood 
of adversely affecting human health or the environment.

9.5  Duty To Provide Information

    You must furnish to the Director or an authorized representative of 
the Director any information which is requested to determine compliance 
with this permit or other information.

9.6  Other Information

    When you becomes aware that he or she failed to submit any relevant 
facts or submitted incorrect information in the Notice of Intent or in 
any other report to the Director, he or she must promptly submit such 
facts or information.

9.7  Signatory Requirements

    All Notices of Intent, Notices of Termination, storm water 
pollution prevention plans, reports, certifications or information 
either submitted to the Director or the operator of a large or medium 
municipal separate storm sewer system, or that this permit requires be 
maintained by you, must be signed as follows:

9.7.1  All Notices of Intent and Notices of Termination must be signed 
as follows:

    9.7.1.1  for a corporation: By a responsible corporate officer. For 
the purpose of this section, a responsible corporate officer means: A 
president, secretary, treasurer, or vice-president of the corporation 
in charge of a principal business function, or any other person who 
performs similar policy or decision-making functions for the 
corporation; or the manager of one or more manufacturing, production or 
operating facilities employing more than 250 persons or having gross 
annual sales or expenditures exceeding $25,000,000 (in second-quarter 
1980 dollars) if authority to sign documents has been assigned or 
delegated to the manager in accordance with corporate procedures;
    9.7.1.2  for a partnership or sole proprietorship: By a general 
partner or the proprietor, respectively; or
    9.7.1.3  for a municipality, State, Federal, or other public 
agency: By either a principal executive officer or ranking elected 
official. For purposes of this section, a principal executive officer 
of a Federal agency includes (1) the chief executive officer of the 
agency, or (2) a senior executive officer having responsibility for the 
overall operations of a principal geographic unit of the agency (e.g., 
Regional Administrators of EPA).

9.7.2  All reports required by this permit and other information must 
be signed as follows:

    9.7.2.1  all reports required by this permit and other information 
requested by the Director or authorized representative of the Director 
must be signed by a person described in Part 9.7.1 or by a duly 
authorized representative of that person.
    9.7.2.2   A person is a duly authorized representative only if the 
authorization is made in writing by a person described Part 9.7.1 and 
submitted to the Director.
    9.7.2.3  The authorization must specify either an individual or a 
position having responsibility for the overall operation of the 
regulated facility or activity, such as the position of manager, 
operator, superintendent, or position of equivalent responsibility or 
an individual or position having overall responsibility for 
environmental matters for the company. (A duly authorized 
representative may thus be either a named individual or any individual 
occupying a named position).

9.7.3  Changes to Authorization

    If the information on the NOI filed for permit coverage is no 
longer accurate because a different operator has responsibility for the 
overall operation of the facility, a new Notice of Intent satisfying 
the requirements of Part 2 must be submitted to the Director prior to 
or together with any reports, information, or applications to be signed 
by an authorized representative. The change in authorization must be 
submitted within the time frame specified in Part 2.1, and sent to the 
address specified in Part 2.4.

9.7.4  Certification

    Any person signing documents under Part 9.7 must make the following 
certification:
    ``I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gathered and evaluated the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, true, 
accurate, and complete. I am aware that there are significant penalties 
for submitting false information, including the possibility of fine and 
imprisonment for knowing violations.''

9.8  Penalties for Falsification of Reports

    Section 309(c)(4) of the Clean Water Act provides that any person 
who knowingly makes any false material statement, representation, or 
certification in any record or other document submitted or required to 
be maintained under this permit, including reports of compliance or 
noncompliance shall, upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than two years, or by 
both.

9.9  Oil and Hazardous Substance Liability

    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve you from any 
responsibilities, liabilities, or penalties to which you are or may be 
subject under section 311 of the CWA or section 106 of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA).

9.10  Property Rights

    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges, nor does it authorize any 
injury to private property nor any invasion of personal rights, nor any 
infringement of Federal, State or local laws or regulations.

9.11  Severability

    The provisions of this permit are severable, and if any provision 
of this permit, or the application of any provision of this permit to 
any circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit shall not be 
affected thereby.

9.12  Requiring Coverage Under an Individual Permit or an Alternative 
General Permit

    9.12.1  Eligibility for this permit does not confer a vested right 
to coverage under the permit. The Director may require any person 
authorized by this permit to apply for and/or obtain either an 
individual NPDES permit or an alternative NPDES general permit. Any 
interested person may petition the Director to take action under this 
paragraph. Where the Director requires a permittee authorized to 
discharge under this permit to apply for an individual NPDES permit, 
the Director will notify you in writing that a permit application is 
required. This notification will include a brief statement of the 
reasons for this decision, an application form, a statement setting a 
deadline for you to file the application, and a statement that on the 
effective date of

[[Page 17095]]

issuance or denial of the individual NPDES permit or the alternative 
general permit as it applies to the individual permittee, coverage 
under this general permit will automatically terminate. Applications 
must be submitted to the appropriate Regional Office indicated in Part 
8.3 of this permit. The Director may grant additional time to submit 
the application upon request of the applicant. If a permittee fails to 
submit in a timely manner an individual NPDES permit application as 
required by the Director under this paragraph, then the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated at the end of the day specified by the Director for 
application submittal.
    9.12.2  Any permittee authorized by this permit may request to be 
excluded from the coverage of this permit by applying for an individual 
permit. In such cases, you must submit an individual application in 
accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with 
reasons supporting the request, to the Director at the address for the 
appropriate Regional Office indicated in Part 8.3 of this permit. The 
request may be granted by issuance of any individual permit or an 
alternative general permit if the reasons cited by you are adequate to 
support the request.
    9.12.3  When an individual NPDES permit is issued to a permittee 
otherwise subject to this permit, or the permittee is authorized to 
discharge under an alternative NPDES general permit, the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated on the effective date of the individual permit or the date 
of authorization of coverage under the alternative general permit, 
whichever the case may be. When an individual NPDES permit is denied to 
an owner or operator otherwise subject to this permit, or the owner or 
operator is denied for coverage under an alternative NPDES general 
permit, the applicability of this permit to the individual NPDES 
permittee is automatically terminated on the date of such denial, 
unless otherwise specified by the Director.
    9.12.4  The Director's notification that coverage under an 
alternative permit is required does not imply that any discharge that 
did not or does not meet the eligibility requirements of Part 1.2 is or 
has been covered by this permit.

9.13  State/Tribal Environmental Laws

    9.13.1  Nothing in this permit will be construed to preclude the 
institution of any legal action or relieve you from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable State/Tribal law or regulation under authority preserved by 
section 510 of the Act.

9.13.2  No condition of this permit releases you from any 
responsibility or requirements under other environmental statutes or 
regulations.

9.14  Proper Operation and Maintenance

    You must at all times properly operate and maintain all facilities 
and systems of treatment and control (and related appurtenances) which 
are installed or used by you to achieve compliance with the conditions 
of this permit and with the requirements of storm water pollution 
prevention plans. Proper operation and maintenance also includes 
adequate laboratory controls and appropriate quality assurance 
procedures. Proper operation and maintenance requires the operation of 
backup or auxiliary facilities or similar systems, installed by a 
permittee only when necessary to achieve compliance with the conditions 
of this permit.

9.15  Inspection and Entry

    You must allow the Director or an authorized representative of EPA, 
the State/Tribe, or, in the case of a construction site which 
discharges through a municipal separate storm sewer, an authorized 
representative of the municipal owner/operator or the separate storm 
sewer receiving the discharge, upon the presentation of credentials and 
other documents as may be required by law, to:
    9.15.1  Enter upon the your premises where a regulated facility or 
activity is located or conducted or where records must be kept under 
the conditions of this permit;
    9.15.2  Have access to and copy at reasonable times, any records 
that must be kept under the conditions of this permit; and
    9.15.3  Inspect at reasonable times any facilities or equipment 
(including monitoring and control equipment).

9.16  Monitoring and Records

9.16.1  Representative Samples/Measurements

    Samples and measurements taken for the purpose of monitoring must 
be representative of the monitored activity.

9.16.2  Retention of Records

    9.16.2.1  You must retain records of all monitoring information, 
copies of all reports required by this permit, and records of all data 
used to complete the application of this permit for a period of at 
least three (3) years from the date of sample, measurement, evaluation 
or inspection, report, or application. This period may be extended by 
request of the Director at any time. Permittees must submit any such 
records to the Director upon request.
    9.16.2.2  You must retain the pollution prevention plan developed 
in accordance with Part 4 of this permit until a date 3 years after the 
last modification or amendment is made to the plan, and at least 1 year 
after coverage under this permit terminates.
    9.16.3  Records Contents. Records of monitoring information must 
include:
    9.16.3.1  The date, exact place, and time of sampling or 
measurements;
    9.16.3.2  The initials or name(s) of the individual(s) who 
performed the sampling or measurements;
    9.16.3.3  The date(s) analyses were performed;
    9.16.3.4  The time(s) analyses were initiated;
    9.16.3.5  The initials or name(s) of the individual(s) who 
performed the analyses;
    9.16.3.6  References and written procedures, when available, for 
the analytical techniques or methods used; and
    9.16.3.7  The results of such analyses, including the bench sheets, 
instrument readouts, computer disks or tapes, etc., used to determine 
these results.

9.16.4  Approved Monitoring Methods

    Monitoring must be conducted according to test procedures approved 
under 40 CFR Part 136, unless other test procedures have been specified 
in this permit.

9.17  Permit Actions

    This permit may be modified; revoked and reissued; or terminated 
for cause. Your filing of a request for a permit modification; 
revocation and reissuance; or your submittal of a notification of 
planned changes or anticipated non-compliance also does not stay any 
permit condition

10.  Reopener Clause

10.1  Water Quality Protection

    If there is evidence indicating that the storm water discharges 
authorized by this permit cause, have the reasonable potential to 
cause, or contribute to a violation of a water quality standard, you 
may be required to obtain an individual permit or an alternative 
general permit in accordance with Part 3.3 of this permit, or the 
permit may be modified to include different limitations and/or 
requirements.

[[Page 17096]]

10.2  Procedures for Modification or Revocation

    Permit modification or revocation will be conducted according to 40 
CFR 122.62, 122.63, 122.64 and 124.5.

11. Transfer or Termination of Coverage

11.1  Transfer of Permit Coverage

    Automatic transfers of permit coverage under 40 CFR 122.61(b) are 
not allowed for this general permit.
    11.1.1  Transfer of coverage from one operator to a different 
operator (e.g., facility sold to a new company): The new owner/operator 
must complete and file an NOI in accordance with Part 1.3 at least 2 
days prior to taking over operational control of the facility. The old 
owner/operator may file an NOT (Notice of Termination) following 
acceptance of operational control by the new owner/operator.
    11.1.2  Simple name changes of the permittee (e.g., Company ``A'' 
changes name to ``ABC, Inc.'' or Company ``B'' buys out Company ``A'') 
may be done by filing an amended NOI referencing the facility's 
assigned permit number and requesting a simple name change.

11.2  Notice of Termination (NOT)

    You must submit a completed Notice of Termination (NOT) that is 
signed in accordance with Part 9.7 when one or more of the conditions 
contained in Part 1.4 (Terminating Coverage) have been met. The NOT 
form found in Addendum E will be used unless it has been replaced by a 
revised version by the Director. The Notice of Termination must include 
the following information:
    11.2.1  The NPDES permit number for the storm water discharge 
identified by the Notice of Termination;
    11.2.2  An indication of whether the storm water discharges 
associated with industrial activity have been eliminated (i.e., 
regulated discharges of storm water are being terminated); you are no 
longer an operator of the facility; or you have obtained coverage under 
an alternative permit;
    11.2.3  The name, address and telephone number of the permittee 
submitting the Notice of Termination;
    11.2.4  The name and the street address (or a description of 
location if no street address is available) of the facility for which 
the notification is submitted;
    11.2.5  The latitude and longitude of the facility; and
    11.2.6  The following certification, signed in accordance with Part 
9.7 (signatory requirements) of this permit. For facilities with more 
than one permittee and/or operator, you need only make this 
certification for those portions of the facility where the you were 
authorized under this permit and not for areas where the you were not 
an operator:
    ``I certify under penalty of law that all storm water discharges 
associated with industrial activity from the identified facility that 
authorized by a general permit have been eliminated or that I am no 
longer the operator of the facility or construction site. I understand 
that by submitting this notice of termination, I am no longer 
authorized to discharge storm water associated with industrial activity 
under this general permit, and that discharging pollutants in storm 
water associated with industrial activity to waters of the United 
States is unlawful under the Clean Water Act where the discharge is not 
authorized by a NPDES permit. I also understand that the submittal of 
this Notice of Termination does not release an operator from liability 
for any violations of this permit or the Clean Water Act.''

11.3  Addresses

    All Notices of Termination must be submitted using the form 
provided by the Director (or a photocopy thereof) to the address 
specified on the NOT form.

11.4  Facilities Eligible for ``No Exposure'' Exemption for Storm Water 
Permitting

    By filing a certification of ``No Exposure'' under 40 CFR 
122.26(g), you are automatically removed from permit coverage and a NOT 
to terminate permit coverage is not required.

12. Definitions

    ``Best Management Practices'' (``BMPs'') means schedules of 
activities, prohibitions of practices, maintenance procedures, and 
other management practices to prevent or reduce the discharge of 
pollutants to waters of the United States. BMPs also include treatment 
requirements, operating procedures, and practices to control plant site 
runoff, spillage or leaks, sludge or waste disposal, or drainage from 
raw material storage.
    ``Control Measure'' as used in this permit, refers to any Best 
Management Practice or other method used to prevent or reduce the 
discharge of pollutants to waters of the United States.
    ``Commencement of Construction'' the initial disturbance of soils 
associated with clearing, grading, or excavating activities or other 
construction activities.
    ``CWA'' means the Clean Water Act or the Federal Water Pollution 
Control Act, 33 U.S.C. 1251 et seq.
    ``Director'' means the Regional Administrator of the Environmental 
Protection Agency or an authorized representative.
    ``Discharge'' when used without qualification means the ``discharge 
of a pollutant.''
    ``Discharge of Storm Water Associated with Construction Activity'' 
as used in this permit, refers to a discharge of pollutants in storm 
water runoff from areas where soil disturbing activities (e.g., 
clearing, grading, or excavation), construction materials or equipment 
storage or maintenance (e.g., fill piles, borrow areas, concrete truck 
washout, fueling), or other industrial storm water directly related to 
the construction process (e.g., concrete or asphalt batch plants) are 
located. (See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15) for the 
two regulatory definitions on regulated storm water associated with 
construction sites)
    ``Discharge of Storm Water Associated with Industrial Activity'' is 
defined at 40 CFR 122.26(b)(14).
    ``Facility or Activity'' means any NPDES ``point source'' or any 
other facility or activity (including land or appurtenances thereto) 
that is subject to regulation under the NPDES program.
    ``Flow-Weighted Composite Sample'' means a composite sample 
consisting of a mixture of aliquots collected at a constant time 
interval, where the volume of each aliquot is proportional to the flow 
rate of the discharge.
    ``Industrial Activity'' as used in this permit refers to the eleven 
categories of industrial activities included in the definition of 
``discharges of storm water associated with industrial activity''.
    ``Industrial Storm Water'' as used in this permit refers to storm 
water runoff associated with the definition of ``discharges of storm 
water associated with industrial activity''.
    ``Large and Medium Municipal Separate Storm Sewer System''--means 
all municipal separate storm sewers that are either:
    1. Located in an incorporated place (city) with a population of 
100,000 or more as determined by the latest Decennial Census by the 
Bureau of Census (these cities are listed in Appendices F and G of 40 
CFR part 122); or
    2. Located in the counties with unincorporated urbanized 
populations of 100,000 or more, except municipal separate storm sewers 
that are located in the incorporated places, townships or towns within 
such counties (these counties are listed in Appendices H and I of 40 
CFR part 122); or
    3. Owned or operated by a municipality other than those described

[[Page 17097]]

in paragraph (i) or (ii) and that are designated by the Director as 
part of the large or medium municipal separate storm sewer system.
    ``Municipal Separate Storm Sewer'' is defined at 40 CFR 122.26.
    ``No exposure'' means that all industrial materials or activities 
are protected by a storm resistant shelter to prevent exposure to rain, 
snow, snowmelt and/or runoff.
    ``NOI'' means Notice of Intent to be covered by this permit (see 
Part 2 of this permit.)
    ``NOT'' means Notice of Termination (see Part 11.2 of this permit).
    ``Owner or operator'' means the owner or operator of any ``facility 
or activity'' subject to regulation under the NPDES program.
    ``Point source'' means any discernible, confined, and discrete 
conveyance, including but not limited to, any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, landfill leachate collection 
system, vessel or other floating craft from which pollutants are or may 
be discharged. This term does not include return flows from irrigated 
agriculture or agricultural storm water runoff.
    ``Pollutant'' is defined at 40 CFR 122.2. A partial listing from 
this definition includes: Dredged spoil, solid waste, sewage, garbage, 
sewage sludge, chemical wastes, biological materials, heat, wrecked or 
discarded equipment, rock, sand, cellar dirt, and industrial or 
municipal waste.
    ``Runoff coefficient'' means the fraction of total rainfall that 
will appear at the conveyance as runoff.
    ``Special Aquatic Sites,'' as defined at 40 CFR 230.3(q-1), means 
those sites identified in 40 CFR part 230 Subpart E. They are 
geographic areas, large or small, possessing special ecological 
characteristics of productivity, habitat, wildlife protection, or other 
important and easily disrupted ecological values. These areas are 
generally recognized as significantly influencing or positively 
contributing to the general overall environmental health or vitality of 
the entire ecosystem of a region. (See 40 CFR 230.10(a)(3)).
    ``Storm Water'' means storm water runoff, snow melt runoff, and 
surface runoff and drainage.
    ``Storm Water Associated with Industrial Activity'' refers to storm 
water, that if allowed to discharge, would constitute a ``discharge of 
storm water associated with industrial activity'' as defined at 40 CFR 
122.26(b)(14) and incorporated here by reference. Most relevant to this 
permit is 40 CFR 122.26(b)(14)(x), which relates to construction 
activity including clearing, grading and excavation activities that 
result in the disturbance of five (5) or more acres of total land area, 
or are part of a larger common plan of development or sale.
    ``Waters of the United States''--means:
    1. All waters which are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters which are subject to the ebb and flow of the tide;
    2. All interstate waters, including interstate ``wetlands'';
    3. All other waters such as interstate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, wetlands, 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    a. Which are or could be used by interstate or foreign travelers 
for recreational or other purposes;
    b. From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or
    c. Which are used or could be used for industrial purposes by 
industries in interstate commerce;
    4. All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    5. Tributaries of waters identified in paragraphs (1) through (4) 
of this definition;
    6. The territorial sea; and
    7. Wetlands adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraphs 1. through 6. of this 
definition.
    Waste treatment systems, including treatment ponds or lagoons 
designed to meet the requirements of the CWA (other than cooling ponds 
for steam electric generation stations per 40 CFR 423) which also meet 
the criteria of this definition) are not waters of the United States. 
Waters of the United States do not include prior converted cropland. 
Notwithstanding the determination of an area's status as prior 
converted cropland by any other federal agency, for the purposes of the 
Clean Water Act, the final authority regarding Clean Water Act 
jurisdiction remains with EPA.
    ``You'' and ``Your'' as used in this permit is intended to refer to 
the permittee, the operator, or the discharger as the context indicates 
and that party's facility or responsibilities. The use of ``you'' and 
``your'' refers to a particular facility and not to all facilities 
operated by a particular entity. For example, ``you must submit'' means 
the permittee must submit something for that particular facility. 
Likewise, ``all your discharges'' would refer only to discharges at 
that one facility.

13. Permit Conditions Applicable to Specific States, Indian Country 
Lands, or Territories

    The provisions of Part 13 provide modifications or additions to the 
applicable conditions of Parts 1 through 12 of this permit to reflect 
specific additional conditions required as part of the State or Tribal 
CWA Section 401 certification process, or Coastal Zone Management Act 
certification process, or as otherwise established by the permitting 
authority. The additional revisions and requirements listed below are 
set forth in connection with, and only apply to, the following States, 
Indian Country lands and Federal facilities.
[Reserved for Final Permit Decision Pending Completion of Required 
Consultations and State/Tribal Certification Processes]

Addendum A--Endangered Species Guidance

    Note: The following is a model of what the Endangered Species 
Guidance may look like. Final guidance will be prepared to reflect 
any requirements resulting from any required consultations under the 
Endangered Species Act on issuance of this permit. This example is 
based on the general process used in the 1995 MSGP and the 1998 
Construction General Permits issued by EPA.

I. Assessing Permit Eligibility Regarding Endangered Species

A. Background

    To meet its obligations under the Clean Water Act and the 
Endangered Species Act (ESA) and to promote those Acts' goals, the 
Environmental Protection Agency (EPA) is seeking to ensure the 
activities regulated by this Multi-sector General Permit (MSGP) avoid 
unacceptable effects on endangered and threatened species and critical 
habitat. To ensure that those goals are met, applicants for MSGP 
coverage are required under Part 1.2.3.6 to assess the impacts of their 
storm water discharges, allowable non-storm water discharges, and 
discharge-related activities on Federally listed endangered and 
threatened species (``listed species'') and designated critical habitat 
(``critical habitat'') by following the process listed below. EPA 
strongly recommends that you follow these steps at the earliest 
possible stage to ensure that measures to protect listed species and 
critical habitat are incorporated early in your planning process.

[[Page 17098]]

    You also have an independent ESA obligation to ensure that your 
activities do not result in any prohibited ``takes'' of listed 
species.\13\ Many of the measures required in the MSGP and in these 
instructions to protect species may also assist you in ensuring that 
your activities do not result in a prohibited take of species in 
violation of section 9 of the ESA. If you have or plan activities in 
areas that harbor endangered and threatened species, you may wish to 
ensure that you are protected from potential takings liability under 
ESA section 9 by obtaining an ESA section 10 permit or, if there is a 
separate federal action regarding the facility, by requesting formal 
consultation under ESA section 7 regarding that action. If you are not 
sure whether to pursue a section 10 permit or a section 7 consultation 
for takings protection, you should confer with the appropriate Fish and 
Wildlife Service (FWS) and/or National Marine Fisheries Service (NMFS) 
(collectively the ``Services'') office.
---------------------------------------------------------------------------

    \13\ Section 9 of the ESA prohibits any person from ``taking'' a 
listed species (e.g., harassing or harming it) unless: (1) The 
taking is authorized through a ``incidental take statement'' as part 
of undergoing ESA section 7 formal consultation; (2) where an 
incidental take permit it obtained under ESA section 10 (which 
requires the development of a habitat conservation plan); or (3) 
where otherwise authorized or exempted under the ESA. This 
prohibition applies to all entities including private individuals, 
businesses, and governments.
---------------------------------------------------------------------------

B. How Does The Basic Eligibility Assessment Process Work?

    In order to determine if you are eligible to use the permit, you 
need to go through a series of steps to determine:
    1. Are there any listed endangered or threatened species or 
critical habitat in proximity to your facility or the point where your 
discharges reach a receiving water?
    2. If there are listed species in proximity, are your discharges or 
discharge-related activities going to adversely affect them?
    3. If adverse effects on listed species or critical habitat are 
likely, what can you do to eliminate or reduce these effects?
    4. Have any adverse effects already been addressed under the 
Endangered Species Act?
    5. Which, if any, of the eligibility criteria make you eligible for 
permit coverage?

C. What Are the Eligibility Criteria?

    The Part 1.2.3.6 eligibility requirement may be satisfied by 
documenting that one or more of the following criteria has been met:
    Criteria A. No Listed Species or Critical Habitat are in Proximity 
to Your Facility or the Point Where Authorized Discharges Reach a Water 
of the United States (See Part 1.2.3.6.3.1)
    Using the latest County Species List available from EPA and any 
other relevant information sources, you have determined that no listed 
species or critical habitat are in proximity to your facility. Listed 
species and critical habitat are in proximity to a facility when they 
are:
     Located in the path or immediate area through which or 
over which contaminated point source storm water flows from industrial 
activities to the point of discharge into the receiving water. This may 
also include areas where storm water from your facility enters 
groundwater that has a direct hydrological connection to a receiving 
water (e.g., groundwater infiltrates at your facility and re-emerges to 
enter a surface waterbody within a short period of time.)
     Located in the immediate vicinity of, or nearby, the point 
of discharge into receiving waters.
     Located in the area of a facility where storm water BMPs 
are planned or are to be constructed.
    Please be aware that no protection from incidental takings 
liability is provided under this criteria.
    Criteria B. An ESA Section 7 Consultation has Been Performed for a 
Separate Federal Action Regarding Your Facility (See Part 1.2.3.6.3.2)
    A formal or informal ESA section 7 consultation on a separate 
federal action (e.g., New Source review under NEPA, application for a 
dredge and fill permit under CWA section 404, application for an 
individual NPDES permit, etc.) addressed the effects of your discharges 
and discharge-related activities on listed species and critical 
habitat. If your facility was the subject of a formal consultation, it 
must have resulted in either a ``no jeopardy opinion'' or a ``jeopardy 
opinion'' and you agree to implement any reasonable and prudent 
alternatives or other conditions upon which the consultation was based. 
If your facility was the subject of an informal consultation, it must 
have resulted in a written concurrence by the Service(s) on a finding 
that the applicant's activities are not likely to adversely affect 
listed species or critical habitat (for informal consultation, see 50 
CFR 402.13).
    Criteria C. An Incidental Taking Permit Under Section 10 of the ESA 
was Issued for Your Facility (See Part 1.2.3.6.3.3)
    You have a permit under section 10 of the ESA and that 
authorization addresses the effects of your wastewater and storm water 
discharges and discharge-related activities on listed species and 
critical habitat. Note: You must follow FWS/NMFS procedures when 
applying for an ESA section 10 permit (see 50 CFR 17.22(b)(1)).
    Criteria D. You have Determined Adverse Effects are Not Likely (See 
Part 1.2.3.6.3.4)
    Using due diligence, you have investigated potential effects your 
discharges and discharges-related activities may have on listed species 
and critical habitat and have no reason to believe there would be 
adverse effects. Any terms and/or conditions to protect listed species 
and critical habitat you relied on in order to determine adverse 
effects would be unlikely must be incorporated into your Pollution 
Prevention Plan (required by the permit) and implemented in order to 
maintain permit eligibility.
    Please be aware that no protection from incidental takings 
liability is provided under this criteria.
    Criteria E. Your Facility Was Covered Under the Eligibility 
Certification of Another Operator for the Facility Area (See Part 
1.2.3.6.3.5)
    Your storm water discharges, allowable non-storm water discharges, 
and discharge-related activities were already addressed in another 
operator's certification of eligibility under Part 1.2.3.6.3 which 
covered your facility. By certifying eligibility under Part 
1.2.3.6.3.4, you agree to comply with any measures or controls upon 
which the other operator's certification under Part 1.2.3.6.3 was 
based.
    Please be aware that in order to meet the permit eligibility 
requirements by relying on another operator's certification of 
eligibility, the other operator's certification must apply to the 
location of your facility and must address the effects from your storm 
water discharges, allowable non-storm water discharges, and discharge-
related activities on listed species and critical habitat. This 
situation will typically occur where an ownership of a facility covered 
by this permit changes or when there are multiple operators within an 
industrial park or an airport. However, before you rely on another 
operator's certification, you should carefully review that 
certification along with any supporting information. You also need to 
confirm that no additional species have been listed or critical habitat 
designated in the area of your facility since the other operator's 
endangered species assessment was done. If you do not believe that the 
other operator's certification provides adequate coverage for your 
facility, you should provide

[[Page 17099]]

your own independent endangered species assessment and certification.
    Please be aware that no protection from incidental takings 
liability is provided under this criteria.

D. What Procedures Do I Use To Determine if an Eligibility Criteria Can 
Be Satisfied?

    CAUTION: Additional endangered and threatened species have been 
listed and critical habit designated since the 1995 MSGP was issued and 
will continue to be added after the effective date of this permit. You 
must verify any earlier determination of eligibility is still valid 
before relying on that assessment to certify eligibility for this 
permit. Where applicable, you may incorporate information from your 
previous endangered species analysis in your documentation of 
eligibility for this permit.
    To determine eligibility, you must assess (or have previously 
assessed) the potential effects of your storm water discharges, 
allowable non-storm water discharges and discharge-related activities 
on listed species and critical habitat. PRIOR to completing and 
submitting Notice of Intent (NOI) form, you must follow the steps 
outlined below and document the results of your eligibility 
determination.
    Step One: Are there any endangered species or critical habitat in 
your county (or other area) and if so, are they in proximity to your 
facility or discharge locations?
    1-A.  Check for Listed Species. Look in the latest county species 
list to see if any listed species are found where your facility and 
discharge point(s) are located. If you are located in close to the 
border of a county or your facility is located in one county and your 
discharge points are located in another, you must look under both 
counties. Since species are listed and de-listed periodically, you will 
need the most current list at the time you are doing your endangered 
species assessment. EPA's most current county-species list is on the 
Internet at www.epa.gov/owm/esalst2.htm.

=>Proceed to 1-B

    1-B.  Check for Critical Habitat. Some (but not all) listed species 
have designated critical habitat. Exact locations of such habitat is 
provided in the endangered species regulations at 50 CFR part 17 and 
part 226. To determine if facility or discharge locations are within 
designated critical habitat, you should either:
     Review those regulations (which can be found in many 
larger libraries); or
     Contact the nearest Fish and Wildlife Service (FWS) and 
National Marine Fisheries Service (NMFS) Office. A list of FWS and NMFS 
offices is found at section II of this Addendum, or
     Contact the State Natural Heritage centers. These centers 
compile and disseminate information on Federally listed and other 
protected species. They frequently have the most current information on 
listed species and critical habitat. A list of these centers is 
provided in section III of the Addendum.

=>Proceed to 1-C.

    1-C.  Check for Proximity. If there are listed species in your 
county, are they in proximity to your facility or discharge locations? 
You will need to use the proximity criteria in Eligibility Criteria A 
to determine if the listed species are in your part of the county. The 
area in proximity to be searched/ surveyed for listed species will vary 
with the size of the facility, the nature and quantity of the storm 
water discharges, and the type of receiving waters. Given the number of 
facilities potentially covered by the MSGP, no specific method to 
determine whether species are in proximity is required for permit 
coverage under the MSGP. Instead, you should use the method or methods 
which best allow you to determine to the best of their knowledge 
whether species are in proximity to your particular facility. These 
methods may include:
     Conducting visual inspections. This method may be 
particularly suitable for facilities that are smaller in size, 
facilities located in non-natural settings such as highly urbanized 
areas or industrial parks where there is little or no nature habitat; 
and facilities that discharge directly into municipal storm water 
collection systems. For other facilities, a visual survey of the 
facility site and storm water drainage areas may be insufficient to 
determine whether species are likely to be located in proximity to the 
discharge.
     Contacting the nearest State Wildlife Agency or U.S. Fish 
and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) 
offices. Many endangered and threatened species are found in well-
defined areas or habitats. That information is frequently known to 
state or federal wildlife agencies. FWS has offices in every state. 
NMFS has regional offices in: Gloucester, Massachusetts; St. 
Petersburg, Florida; Long Beach, California; Portland, Oregon; and 
Juneau, Alaska.
     Contacting local/regional conservation groups. These 
groups inventory species and their locations and maintain lists of 
sightings and habitats.
     Conducting a formal biological survey. Larger facilities 
with extensive storm water discharges may choose to conduct biological 
surveys as the most effective way to assess whether species are located 
in proximity and whether there are likely adverse effects.
    If neither your facility nor discharge locations are located in 
designated critical habitat, then you need not consider impacts to 
critical habitat when following Steps Two through Five below. If your 
facility or discharge locations are located within critical habitat, 
then you must look at impacts to critical habitat when following Steps 
Two through Five. EPA notes that many measures imposed to protect 
listed species under these steps will also protect critical habitat. 
However, obligations to protect habitat under this permit are separate 
from those of protecting listed species. Thus, meeting the eligibility 
requirements of this permit may require measures to protect critical 
habitat that are separate from those to protect listed species.

=>Proceed to 1-D

    1-D.  Check for Criteria ``A'' Eligibility. IF NO SPECIES WERE 
LISTED FOR YOUR COUNTY OR THE SPECIES THAT WERE LISTED WERE NOT IN 
PROXIMITY TO YOUR DISCHARGE AND YOUR FACILITY AND DISCHARGE LOCATIONS 
WERE NOT IN PROXIMITY TO CRITICAL HABITAT, YOU ARE ELIGIBLE UNDER 
CRITERIA ``A''. Document your endangered species assessment and certify 
eligibility under Part 1.2.3.6.3.1 of the permit. Congratulations, go 
to Step Five!

=> If There Were Listed Species or Critical Habitat, Proceed to Step 
Two

    Step Two: Can You Meet Eligibility Criteria ``B'', ``C'', or ``E''?
    2-A  Check for Criteria ``B'', ``C'', or ``E'' Basis Do one of the 
following apply:
     There was a competed consultation under ESA section 7 for 
your facility (Criteria B) => proceed to 2-B
     There is a previously issued ESA section 10 permit for 
your facility (Criteria C) => proceed to 2-C
     Another operator previously certified eligibility for the 
area where your facility is located (Criteria E) => proceed to 2-D

=> If no, Proceed to Step Three

    2-B  Check for Criteria ``B'' Eligibility Did the previously 
completed ESA section 7 consultation consider all currently listed 
species and critical

[[Page 17100]]

habitat and address your storm water, allowable non-storm water, and 
discharge related activities?

=> If no, Proceed to Step Three

    2-B-1  Did the ESA section 7 consultation result in a either a ``no 
jeopardy'' opinion by the Service (for formal consultations) or a 
concurrence by the service that your activities would be ``unlikely to 
adversely affect'' listed species or critical habitat?

=> If no, Proceed to Step Three

    2-B-2  IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE 
CONSULTATION WAS CONDITIONED, YOU ARE ELIGIBLE UNDER CRITERIA ``B''. 
Incorporate any necessary measures into your Storm Water Pollution 
Prevention Plan, document your endangered species assessment, and 
certify eligibility under Part 1.2.3.6.3.2. Congratulations, go to Step 
Five!

=> If You Do Not Agree to Implement Conditions Upon Which the 
Consultation was Based, Proceed to Step Three

    2-C  Check for Criteria ``C'' Eligibility IF YOUR ESA SECTION 10 
PERMIT CONSIDERED ALL CURRENTLY LISTED SPECIES AND CRITICAL HABITAT AND 
ADDRESSES YOUR STORM WATER, ALLOWABLE NON-STORM WATER, AND DISCHARGE 
RELATED ACTIVITIES, YOU ARE ELIGIBLE UNDER CRITERIA ``C''. Incorporate 
any necessary measures into your Storm Water Pollution Prevention Plan, 
document your endangered species assessment, and certify eligibility 
under Part 1.2.3.6.3.3 of the permit. Congratulations, go to Step Five!

=> If Your ESA Section 10 Permit Did Not Meet These Criteria, Proceed 
to Step Three

    2-D  Check for Criteria ``E'' Eligibility Did the other operator's 
certification of eligibility consider all currently listed species and 
critical habitat and address your storm water, allowable non-storm 
water, and discharge related activities?

=> If no, Proceed to Step Three

    2-D-1  IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE OTHER 
OPERATOR'S CERTIFICATION WAS BASED, YOU ARE ELIGIBLE UNDER CRITERIA 
``E''. Incorporate any necessary measures into your Storm Water 
Pollution Prevention Plan, document your endangered species assessment, 
and certify eligibility under Part 1.2.3.6.3.5 of the Permit. 
Congratulations, go to Step Five!

=> If You Do Not Agree to Implement Conditions Upon Which Other 
Operator's Certification Was Based, Proceed to Step Three

    Step Three: Are Listed Species or Critical Habitat Likely to be 
Adversely Affected by Your Facility's Storm Water Discharges, Allowable 
Non-storm Water Discharges, or Discharge-related Activities?
    If you unable to certify eligibility under Criteria A, B, C, or E, 
you must assess whether their storm water discharges, allowable non-
storm water discharges, and discharge-related activities are likely to 
adversely affect listed species or critical habitat. ``Storm water 
discharge-related activities'' include:
     Activities which cause, contribute to, or result in point 
source storm water pollutant discharges; and
     Measures to control storm water discharges and allowable 
non-storm water discharges including the siting, construction, 
operation of best management practices (BMPs) to control, reduce or 
prevent water pollution.
    Potential adverse effects from storm water discharges, allowable 
non-storm water discharges, and discharge-related activities include:
     Hydrological. Wastewater or storm water discharges may 
cause siltation, sedimentation or induce other changes in receiving 
waters such as temperature, salinity or pH. These effects will vary 
with the amount of wastewater or storm water discharged and the volume 
and condition of the receiving water. Where a discharge constitutes a 
minute portion of the total volume of the receiving water, adverse 
hydrological effects are less likely.
     Habitat. Excavation, site development, grading, and other 
surface disturbance activities, including the installation or placement 
of wastewater or storm water ponds or BMPs, may adversely affect listed 
species or their habitat. Wastewater or storm water associated with 
facility operation may drain or inundate listed species habitat.
     Toxicity. In some cases, pollutants in wastewater or storm 
water may have toxic effects on listed species.
    The scope of effects to consider will vary with each facility. If 
you are having difficulty in determining whether your facility is 
likely to adversely effect a listed specie or critical habitat, then 
the appropriate office of the FWS, NMFS, or Natural Heritage Center 
listed in Sections II and III of this Addendum should be contacted for 
assistance.
    Document the results of your assessment and make a preliminary 
determination on whether or not there would likely be adverse effects 
on listed species or critical habitat. You will need to determine that 
your activities are either ``unlikely to adversely affect'' or ``may 
adversely affect''. Your determination may be based on measures that 
you implement to avoid, eliminate, or minimize adverse affects.

=> Proceed to Step Four

    Step Four: Can You Meet Eligibility Criteria ``D''?
    Using due diligence, can you determine your facility's storm water 
discharges, allowable non-storm water discharges, and discharge-related 
activities are unlikely to have adverse affects on listed species or 
critical habitat?
    4-A  IF STEP THREE DETERMINATION IS ``UNLIKELY TO ADVERSELY 
AFFECT'', YOU ARE ELIGIBLE UNDER CRITERIA ``D''. Incorporate 
appropriate measures upon which your eligibility was based into your 
Storm Water Pollution Prevention Plan and certify eligibility under 
Part 1.2.3.6.3.4 of the permit. Congratulations, go to Step Five.

=> If There May Be Adverse Effects, Proceed to Step 4-B

    4-B   Step Three (or Step 4-A-1) Determination is ``May Adversely 
Affect'' You must contact the Service(s) to discuss your findings and 
measures you could implement to avoid, eliminate, or minimize adverse 
affects.
    4-B-1  IF YOU AND THE SERVICE(S) REACH AGREEMENT ON MEASURES TO 
AVOID ADVERSE EFFECTS, YOU ARE ELIGIBLE UNDER CRITERIA ``D''. 
Incorporate appropriate measures upon which your eligibility was based 
into your Storm Water Pollution Prevention Plan and certify eligibility 
under Part 1.2.3.6.3.4 of the permit. Congratulations, go to Step Five.
    4-C  Endangered Species Issues Cannot be Resolved If you cannot 
reach agreement with the Service(s) on measures to avoid, eliminate, or 
reduce adverse effects to an acceptable level; and if any likely 
adverse effects cannot otherwise be addressed through meeting the other 
criteria of Part 1.2.3.6; then you are not eligible for coverage under 
the MSGP at this time and must seek coverage under an individual 
permit. Proceed to 40 CFR 122.26(c) for individual permit application 
requirements.
    Step Five: Submit Notice of Intent and Document Results of the 
Eligibility Determination.
    Once all other Part 1.2 eligibility requirements have been met, you 
may submit the Notice of Intent (NOI).

[[Page 17101]]

Signature and submittal of the NOI is also deemed to constitute your 
certification, under penalty of law, of your eligibility for permit 
coverage.
    You must include documentation of Part 1.2.3.6 eligibility in the 
pollution prevention plan required for the facility. Documentation 
required for the various eligibility criteria are as follows:
    Criteria A--A copy of the County-Species List pages with the 
county(ies) where your facility and discharges are located and a 
statement on how you determine no listed species or critical habitat 
was in proximity to your discharge.
    Criteria B--A copy of the Service(s)'s Biological Opinion or 
concurrence on a finding of ``unlikely to adversely effect'' regarding 
the ESA section 7 consultation.
    Criteria C--A copy of the Service(s)'s letter transmitting the ESA 
section 10 authorization.
    Criteria D--Documentation on how you determined adverse effects on 
listed species and critical habitat were unlikely.
    Criteria E--A copy of the documents originally used by the other 
operator of your facility (or area including your facility) to satisfy 
the documentation requirement of Criteria A, B, C or D.

E. Duty To Implement Terms and Conditions Upon Which Eligibility Was 
Determined

    You must comply with any terms and conditions imposed under the 
eligibility requirements of Part 1.2.3.6.3 to ensure that your storm 
water discharges, allowable non-storm water discharges, and discharge-
related activities avoid unacceptable effects on listed species and/or 
critical habitat. You must incorporate such terms and conditions in the 
your facility's pollution prevention plan as required by the permit. If 
the eligibility requirements of Part 1.2.3.6 cannot be met, then you 
may not receive coverage under this permit. You should then consider 
applying to the permitting authority for an individual permit.

II. U.S. Fish and Wildlife Service Offices

National Website for Endangered Species Information
    Endangered Species Home page: http://www.fws.gov/
r9endspp/endspp.html
Regional, State, Field and Project Offices
RESERVED FOR ADDRESSES>>>

III. National Marine Fisheries Service Offices

RESERVED FOR ADDRESSES>

IV. Natural Heritage Centers

    The Natural Heritage Network comprises 85 biodiversity data centers 
throughout the Western Hemisphere. These centers collect, organize, and 
share data relating to endangered and threatened species and habitat. 
The network was developed to inform land-use decisions for developers, 
corporations, conservationists, and government agencies and is also 
consulted for research and educational purposes. The centers maintain a 
Natural Heritage Network Control Server Website (http://www.heritage.tnc.org) which provides website and other access to a 
large number of specific biodiversity centers. Some of these centers 
are listed below:

RESERVED FOR ADDRESSES>>>

Addendum B--Historic Properties Guidance

    Note:  The following is a model of what the Historic Properties 
Guidance may look like. Final guidance will be prepared to reflect 
any requirements resulting from any required consultations under the 
National Historic Preservation Act on issuance of this permit. This 
example is based on the general process initially proposed, but not 
finalized (section reserved in final permit), for use in the 1998 
Construction general Permits issued by EPA.


    In order to do this, applicants must determine whether their 
facility's storm water discharges, allowable non-storm water 
discharges, or construction of best management practices (BMPs) to 
control such discharges, has potential to affect a property that is 
either listed or eligible for listing on the National Register of 
Historic Places.
    For existing dischargers who do not need to construct BMPs for 
permit coverage, a simple visual inspection may be sufficient to 
determine whether historic properties are affected. However, for 
facilities which are new industrial storm water dischargers and for 
existing facilities which are planning to construct BMPs for permit 
eligibility, applicants should conduct further inquiry to determine 
whether historic properties may be affected by the storm water 
discharge or BMPs to control the discharge. In such instances, 
applicants should first determine whether there are any historic 
properties or places listed on the National Register or if any are 
eligible for listing on the register (e.g., they are ``eligible for 
listing'').
    Due to the large number of entities seeking coverage under this 
permit and the limited number of personnel available to State and 
Tribal Historic Preservation Officers nationwide to respond to 
inquiries concerning the location of historic properties, EPA suggests 
that applicants to first access the ``National Register of Historic 
Places'' information listed on the National Park Service's web page 
(see Part I of this addendum). Addresses for State Historic 
Preservation Officers and Tribal Historic Preservation Officers are 
listed in Parts II and III of this addendum, respectively. In instances 
where a Tribe does not have a Tribal Historic Preservation Officer, 
applicants should contact the appropriate Tribal government office when 
responding to this permit eligibility condition. Applicants may also 
contact city, county or other local historical societies for 
assistance, especially when determining if a place or property is 
eligible for listing on the register.
    The following three scenarios describe how applicants can meet the 
permit eligibility criteria for protection of historic properties under 
this permit:
    (1) If historic properties are not identified in the path of a 
facility's storm water and allowable non-storm water discharges or 
where construction activities are planned to install BMPs to control 
such discharges (e.g., diversion channels or retention ponds), then the 
applicant has met the permit eligibility criteria under Part 1.2.3.7.1.
    (2) If historic properties are identified but it is determined that 
they will not be affected by the discharges or construction of BMPs to 
control the discharge, the applicant has met the permit eligibility 
criteria under Part 1.2.3.7.1.
    (3) If historic properties are identified in the path of a 
facility's storm water and allowable non-storm water discharges or 
where construction activities are planned to install BMPs to control 
such discharges, and it is determined that there is the potential to 
adversely affect the property, the applicant can still meet the permit 
eligibility criteria under Part 1.2.3.7.2 if he/she obtains and 
complies with a written agreement with the appropriate State or Tribal 
Historic Preservation Officer which outlines measures the applicant 
will follow to mitigate or prevent those adverse effects. The contents 
of such a written agreement must be included in the facility's storm 
water pollution prevention plan.
    In situations where an agreement cannot be reached between an 
applicant and the State or Tribal Historic Preservation Officer, 
applicants should contact the Advisory Council on Historic Preservation 
listed in Part IV of this addendum for assistance.

[[Page 17102]]

    The term ``adverse effects'' includes but is not limited to damage, 
deterioration, alteration or destruction of the historic property or 
place. EPA encourages applicants to contact the appropriate State or 
Tribal Historic Preservation Officer as soon as possible in the event 
of a potential adverse effect to a historic property.
    Applicants are reminded that they must comply with applicable 
State, Tribal and local laws concerning the protection of historic 
properties and places.
I. Internet Information on the National Register of Historic Places
    An electronic listing of the ``National Register of Historic 
Places,'' as maintained by the National Park Service on its National 
Register Information System (NRIS), can be accessed on the Internet at 
``http://www.nr.nps.gov/nrishome.htm''. Remember to use small case 
letters when accessing Internet addresses.

II. State Historic Preservation Officers (SHPO)

(....RESERVED FOR CONTACT INFORMATION....)

III. Tribal Historic Preservation Officers (THPO)

    In instances where a Tribe does not have a Tribal Historic 
Preservation Officer, please contact the appropriate Tribal government 
office when responding to this permit eligibility condition.

(....RESERVED FOR CONTACT INFORMATION....)

IV. Advisory Council on Historic Preservation

    Advisory Council on Historic Preservation, 1100 Pennsylvania 
Avenue, NW., Suite 809, Washington, DC 20004, Telephone: (202) 606-
8503/8505, Fax: (202) 606-8647/8672, E-mail: [email protected]

Addendum C--New Source Environmental Assessments

Basic Format for Environmental Assessment

    This is the basic format for the Environmental Assessment prepared 
by EPA from the review of the applicant's Environmental Information 
Document (EID) required for new source NPDES permits. Comprehensive 
information should be provided for those items or issues that are 
affected; the greater the impact, the more detailed information needed. 
The EID should contain a brief statement addressing each item listed 
below, even if the item is not applicable. The statement should at 
least explain why the item is not applicable.

A. General Information
    1. Name of applicant
    2. Type of facility
    3. Location of facility
    4. Product manufactured
B. Description Summaries
    1. Describe the proposed facility and construction activity
    2. Describe all ancillary construction not directly involved with 
the production processes
    3. Describe briefly the manufacturing processes and procedures
    4. Describe the plant site, its history, and the general area
C. Environmental Concerns
    1. Historical and Archeological (include a statement from the State 
Historical Preservation Officer)
    2. Wetlands Protection and 100-year Floodplain Management (the Army 
Corps of Engineers must be contacted if any wetland area or floodplain 
is affected)
    3. Agricultural Lands (a prime farmland statement from the Soil 
Conservation Service must be included)
    4. Coastal Zone Management and Wild and Scenic Rivers
    5. Endangered Species Protection and Fish and Wildlife Protection 
(a statement from the U.S. Fish and Wildlife Service must be included)
    6. Air, Water and Land Issues: Quality, effects, usage levels, 
municipal services used, discharges and emissions, runoff and 
wastewater control, geology and soils involved, land-use compatibility, 
solid and hazardous waste disposal, natural and man-made hazards 
involved.
    7. Biota concerns: Floral, faunal, aquatic resources, inventories 
and effects
    8. Community Infrastructures available and resulting effects: 
Social, economic, health, safety, educational, recreational, housing, 
transportation and road resources.

Addendum D--Notice of Intent Form

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Addendum E--Notice of Termination Form

    EPA does not plan to change the current NOT form--a copy will be 
included with the final permit.

Addendum F--No Exposure Certification Form

    In conjunction with the new Phase II storm water rule, EPA created 
a ``No Exposure'' permitting exclusion option for Phase I storm water 
discharges associated with industrial activity (other than 
construction). In order to claim this exclusion, a discharger must meet 
the eligibility conditions at 40 CFR 122.26(g) and submit, once every 
five years, a certification of eligibility. While a copy of the ``No 
Exposure'' form was published along with the Phase II storm water rule 
(64 FR 68722, December 8, 1999), EPA requests comment on whether an 
additional copy should be provided as an addendum to the MSGP.

[FR Doc. 00-7203 Filed 3-29-00; 8:45 am]
BILLING CODE 6560-50-U