[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64746-64880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25469]



[[Page 64745]]

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Part II





Environmental Protection Agency





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

  Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / 
Notices  

[[Page 64746]]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6880-5]


Final 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 Final NPDES general permit.

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SUMMARY: The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9 
and 10 are today reissuing 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). The 
reissuance of the MSGP was proposed by EPA on March 30, 2000 (65 FR 
17010). Today's final MSGP will authorize the discharge of storm water 
from industrial facilities consistent with the terms of the permit.

DATES: This MSGP shall be effective on October 30, 2000. This effective 
date is necessary to provide dischargers with the immediate opportunity 
to comply with Clean Water Act requirements in light of the expiration 
of the existing MSGP on October 1, 2000. Deadlines for submittal of 
notices of intent are provided in Section VI.A.2 of this fact sheet and 
Part 2.1 of the MSGP. Today's MSGP also provides additional dates for 
compliance with the terms of the permit.

ADDRESSES: The index to the administrative record for the final MSGP is 
available at the appropriate Regional Office or from the EPA Water 
Docket Office in Washington, DC. The administrative record, including 
documents immediately referenced in this reissuance notice and 
applicable documents used to support the original issuance of the MSGP 
in 1995, are stored at the EPA Water Docket Office at the following 
address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, room EB57, 
Washington, DC 20460. The 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 final 
MSGP, contact the appropriate EPA Regional Office. The name, address 
and phone number of the EPA Regional Storm Water Coordinators are 
provided in Section VI.F of this fact sheet. Information is also 
available through the Internet on EPA's Office of Wastewater Management 
website at http://www.epa.gov/owm/sw.

SUPPLEMENTARY INFORMATION: The following fact sheet provides background 
information and explanation for today's notice of final MSGP 
reissuance, including a summary Response to Comments regarding the 
comments which were received on the proposed MSGP. The actual language 
of the final 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 Final MSGP and Summary of Changes From the 1995 
MSGP and the March 30, 2000 Proposed MSGP
III. Geographic Coverage of Final MSGP
IV. Categories of Facilities Covered by Final MSGP
V. Limitations on Coverage
    A. Storm Water Discharges Subject to Effluent Guidelines 
Limitations, Including New Source Performance Standards
    B Historic Preservation
    C. Endangered Species
    D. New Storm Water Discharges to Water Quality-Impaired or Water 
Quality-Limited Receiving Waters
    E. Storm Water Discharges Subject to Anti-Degradation Provisions 
of Water Quality Standards
    F. Storm Water Discharges Previously Covered by an Individual 
Permit
    G. Requiring Coverage Under an Individual Permit or an Alternate 
General Permit
VI. Summary of Common Permit Conditions
    A. Notification Requirements
    1. Content of NOI
    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 Storm Water Pollution Prevention Plan (SWPPP) 
Requirements
    1. Pollution Prevention Team
    2. Description of the Facility and Potential Pollution Sources
    3. Selection and Implementation of Storm Water Controls
    4. Deadlines
    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. EPA Regional Office Addresses and Contacts
VII. Cost Estimates For Common Permit Requirements
VIII. Special Requirements for Discharges Associated With Specific 
Industrial Activities
IX. Summary of Responses to Comments on the Proposed MSGP
X. Economic Impact (Executive Order 12866)
XI. Unfunded Mandates Reform Act
XII. Paperwork Reduction Act
XIII. Regulatory Flexibility Act

I. Background

    The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9 and 
10 are today reissuing EPA's NPDES Storm Water Multi-Sector General 
Permit (MSGP). The MSGP currently authorizes storm water discharges 
associated with industrial activity 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 proposed reissuance of the MSGP 
appeared in the Federal Register on March 30, 2000 (65 FR 17010).
    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

[[Page 64747]]

were provided by the 1990 storm water permit application regulations 
(55 FR 48063). 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 which are 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 monitoring requirements of 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 today's reissuance of the MSGP, EPA has re-evaluated the 
industry-specific requirements of the MSGP. In a few instances, 
additional requirements have been included 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, and in the Response to Comments. EPA also re-evaluated the 
monitoring requirements of the existing MSGP. However, after review of 
the comments received from the public, and the monitoring data received 
during the term of the 1995 MSGP, EPA has retained the same monitoring 
requirements for the reissued MSGP as were found in the 1995 MSGP.

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

    The volume and quality of storm water discharges associated with 
industrial activity will depend on a number of factors, including the 
industrial activities occurring at the facility, the nature of 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 the following methods: Eliminating pollution sources, 
implementing BMPs to prevent pollution, using traditional storm water 
management practices, and providing end-of-pipe treatment. A general 
discussion of each of these was included in the original proposed MSGP 
(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 
regulatory resources. This is especially important when addressing the 
appropriate role of municipal operators of large and medium municipal 
separate storm sewer systems in the control of pollutants in storm 
water associated with industrial activity which discharge through 
municipal separate storm sewer systems. The original proposed MSGP 
discussed several key policy factors (see 58 FR 61146).

II. Organization of Final MSGP and Summary of Changes From the 1995 
MSGP and the March 30, 2000 Proposed MSGP

    The organization of today's final MSGP 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 reissuance, 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) in the various sectors. The reorganization and 
reduction of duplication have reduced the size of the permit by 
approximately 75%.
    Also note that the section/paragraph identification scheme of 
today's final MSGP has been modified from the 1995 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 reissuance 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 reissuance, 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

[[Page 64748]]

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 final 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 included in the 
proposed MSGP of March 30, 2000 (as compared to the 1995 MSGP) and 
retained in today's final 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. Eligibility provided 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 today's MSGP (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. Clarified 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 modified form (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 and 7.1)
    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 (Part 5).
    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 1-1 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).
    Following below is another list which summarizes the provisions of 
today's final MSGP which differ from the proposed MSGP of March 30, 
2000.
    1. Reference to ``drinking fountain water'' removed from Part 
1.2.2.2.3.
    2. Part 1.2.3.3.2.1 of the proposed MSGP was deleted. This 
requirement had not allowed MSGP coverage for facilities previously 
covered by another permit, unless the other permit only covered storm 
water and MSGP authorized non-storm water discharges.
    3. Part 2.2.3.6 revised to indicate that the NOI must include the 
name of the MS4 receiving the discharges only if it is different from 
the permittee.
    4. Part 4.9.3 revised to clarify the time frame for implementation 
of revised SWPPP.
    5. Part 4.11 revised to require permittees to provide a copy of 
their SWPPP to the public when requested in writing to do so.
    6. Sector E coverage was modified for consistency with the 
September 30, 1998 MSGP modification.
    7. In Sector G, language was added stating that non-storm water 
discharges must be tested or evaluated; this change ensures consistency 
with the 1995 MSGP. Also in Sector G, the definition of ``reclamation'' 
was revised.
    8. The title for Sector I was changed to include ``Refining.''
    9. Sector T revised for consistency with 40 CFR 122.26(b)(14)(ix) 
concerning size of POTWs covered.
    10. Section V.C. deleted the requirement to consider species 
proposed for listing as endangered or threatened.

III. Geographic Coverage of Final MSGP

    The geographic coverage of today's final MSGP includes the 
following areas:
    EPA Region 1--for the States of Maine, Massachusetts and New 
Hampshire; for Indian Country lands 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 Indian Country lands located in the State of 
Florida.
    EPA Region 6--for the State of New Mexico; for Indian Country lands 
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 in the State 
of Oklahoma not 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, North Dakota, South Dakota, Wyoming 
and Utah (except Goshute and Navajo 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

[[Page 64749]]

Commonwealth of Northern Mariana Islands, Midway and Wake Islands; for 
Indian Country lands 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 State of Idaho; for Indian Country lands 
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 
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 (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).
    Specific additional conditions required in Region 6 as a result of 
a State or Tribal CWA Section 401 certification have been added for New 
Mexico, Oklahoma, and the Pueblos of Isleta, Pojoaque, San Juan, and 
Sandia. Numeric limitations for discharges in Texas contained in the 
previous permit pursuant to 31 TAC 319.22 and 319.23 have been 
continued in accordance with 40 CFR 122.44(d) and (l).
    Federal facilities in Colorado, and Indian country located in 
Colorado (including the portion of the Ute Mountain Reservation located 
in New Mexico), 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 included in today's MSGP. Indian country lands 
in Montana are not included at this time due to a recent court order. 
Prior to today, industrial facilities in these areas were largely 
covered under an extension of EPA's 1992 baseline general permit for 
industries (57 FR 41175).
    Also, 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). Certification was not received from Arizona in time for 
that state to be included in this permit.
    The 1995 MSGP was issued in the State of Alaska, except Indian 
Country, on February 9, 1996 (61 FR 5247). Industrial facilities in 
Alaska outside of Indian Country will continue to be covered under the 
1995 MSGP through February 9, 2001. EPA will reissue the permit for 
Alaska at a later date, and will include any state-specific 
modifications or additions or additions applicable to parts 1 through 
12 of this permit as part of the State's Clean Water Act Section 401 or 
Coastal Zone Management Act certification processes.
    Lastly, today's MSGP reissuance differs from the March 30, 2000 
MSGP proposal in that the State of Florida (except for Indian country) 
is not included. This is a result of the recent NPDES program 
delegation to the State of Florida.
    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 Final MSGP

    Today's final MSGP authorizes storm water discharges associated 
with industrial activity from the categories of facilities shown in 
Table 1 below:

                              Table 1.--Sector/Subsectors Covered by the Final MSGP
----------------------------------------------------------------------------------------------------------------
           Subsector                                 SIC code                           Activity represented
----------------------------------------------------------------------------------------------------------------
                                            Sector A. Timber Products
----------------------------------------------------------------------------------------------------------------
1*............................  2421.............................................  General Sawmills and Planning
                                                                                    Mills.
2.............................  2491.............................................  Wood Preserving.
3*............................  2411.............................................  Log Storage and Handling.
4*............................  2426.............................................  Hardwood Dimension and
                                                                                    Flooring Mills.
                                2429.............................................  Special Product Sawmills, Not
                                                                                    Elsewhere Classified.
                                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.
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.

[[Page 64750]]

 
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.
                                3291-3292........................................  Abrasive and Asbestos
                                                                                    Products.
                                3296.............................................  Mineral Wool.
                                3299.............................................  Nonmetallic Mineral Products,
                                                                                    Not Elsewhere Classified.
2.............................  3241.............................................  Hydraulic Cement.
3*............................  3251-3259........................................  Structural Clay Products.
                                3261-3269........................................  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.
----------------------------------------------------------------------------------------------------------------
 
                                             Sector 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.
----------------------------------------------------------------------------------------------------------------
 
                                  Sector I. Oil and Gas Extraction and Refining
----------------------------------------------------------------------------------------------------------------
1*............................  1311.............................................  Crude Petroleum and Natural
                                                                                    Gas.
2.............................  1321.............................................  Natural Gas Liquids.
3*............................  1381-1389........................................  Oil and Gas Field Services.
4.............................  2911.............................................  Petroleum refining.
----------------------------------------------------------------------------------------------------------------
 
                                      Sector J. Mineral Mining and Dressing
----------------------------------------------------------------------------------------------------------------
1*............................  1411.............................................  Dimension Stone.
                                1422-1429........................................  Crushed and Broken Stone,
                                                                                    Including Rip Rap.

[[Page 64751]]

 
                                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 64752]]

 
                                        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 has retained 
Sector AD in today's 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 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

[[Page 64753]]

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 MSGP reissuance, 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 in 
today's MSGP reissuance. 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
----------------------------------------------------------------------------------------------------------------
                                                        New Source performance
                Effluent guideline                      standards included in          Sectors with affected
                                                         effluent guidelines?                facilities
----------------------------------------------------------------------------------------------------------------
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.].
----------------------------------------------------------------------------------------------------------------

    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 
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 1995 MSGP described a process for ensuring 
compliance with NEPA for the MSGP (60 FR 50809). This process, which is 
repeated below, has been retained for the reissued MSGP. Additional 
guidance is found in a new Addendum C to the final 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 802(o). 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 802(e).
    Federal undertakings include 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 provided 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. See Part I.B.6, 60 FR 51112 (September 29, 
1995). When applying for permit coverage, applicants were required to 
certify in

[[Page 64754]]

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 was then granted 48 hours after the postmark 
on the envelope used to 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 today's MSGP reissuance, EPA has modified slightly the 
requirements of the first option for obtaining permit coverage to 
enhance the protection of historic properties. Permit coverage is 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 or prevent 
pollution in the discharges. Discharge-related activities are 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. Because this change was 
minor, EPA is relying on its 1995 and 1998 consultations with the 
Advisory Council on Historic Preservation as its basis for reissuance 
of this permit.
    Also, as discussed in Section VI.A.1 below, EPA intends to modify, 
contingent upon Office of Management and Budget review and approval, 
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 pending changes, and appears in Addendum B in today's 
notice rather than Addendum I. Until the revised form is approved and 
issued, the current form (with minor clarifications) remains in effect.
    Facilities seeking coverage under today's 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 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 1995 MSGP contained a number of conditions to protect listed 
species and critical habitat. Permit coverage was provided only where:
     The storm water discharge(s), and the construction of BMPs 
to control storm water runoff, were not likely to jeopardize species 
identified in Addendum H of the permit; or
     The applicant's activity had received previous 
authorization under the Endangered Species Act and established an 
environmental baseline that was unchanged; or,
     The applicant was implementing appropriate measures as 
required by the Director to address jeopardy.
    For today's MSGP reissuance, EPA has modified 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'' result in no jeopardy 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. Discharge-related activities are included 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.
    In addition, operators seeking coverage under the reissued 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 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 jeopardize 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 jeopardized; or
    5. The storm water and allowable non-storm water discharges and 
discharge-related activities were already addressed in another 
operator's

[[Page 64755]]

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 1995 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 allows other operators to take advantage of 
such a certification without repeating the reviews conducted by the 
first operator. Option 1 applies to operators who are not jeopardizing 
endangered species because listed species simply are not in proximity 
to their facility. Option 4 applies to operators who have endangered 
species nearby and must look more closely at potential jeopardy and may 
need to adopt measures to reduce the risk of jeopardy to listed species 
or critical habitat. The provision of the two options to determine that 
a facility is unlikely to jeopardize listed species, coupled with the 
pending 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 met the permit's ESA-related 
eligibility requirements. For today's reissued MSGP, this guidance has 
been updated to reflect the above requirements and appears as Addendum 
A. As noted in Section VI.A.1 below, EPA intends 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 jeopardized 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''. The information may also be obtained by 
contacting the Services. The permittee is responsible for obtaining the 
updated information.
    Based on comments received on the proposed MSGP on March 30, 2000 
(65 FR 17010), the final permit requires facility operators to consider 
only listed endangered or threatened species, and not species proposed 
to be listed. Further explanation for the change can be found in 
Section IX of this notice.
    On August 10, 2000, EPA initiated informal consultation with FWS 
and NMFS on EPA's finding of no likelihood of adverse effect on 
threatened and endangered species and critical habitat resulting from 
issuance of MSGP-2000. On September 22, 2000 FWS concurred with EPA's 
finding.
    To be eligible for coverage under today's 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 is 
found in the county in which the facility is located, then there is a 
likelihood of no jeopardy 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 jeopardize 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 the 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 it 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 jeopardizing 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 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 jeopardy to 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 jeopardy to the species, then the applicant is 
eligible for permit coverage. If the applicant determines that there 
likely is, or will likely be any jeopardy, then the applicant is not 
eligible for MSGP coverage unless or until he or she 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) (when

[[Page 64756]]

EPA receives approval from the Office of Management and Budget and 
issues the revised form) 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 
jeopardize 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 1995 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 
jeopardy to 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 jeopardize 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 final MSGP 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 CWA, 
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 
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.

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

    Part 1.2.3.9 of today's final 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

[[Page 64757]]

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 both of the following conditions are met:
     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 Storm Water Pollution Prevention 
Plan for the entire facility (as opposed to selected outfalls in an 
individual permit) and compliance with 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 ensure compliance with the State 
water quality criteria).

G. Requiring Coverage Under an Individual Permit or an Alternate 
General Permit

    Part 9.12 of today's final MSGP provides that EPA may require an 
individual permit or coverage under a separate general permit instead 
of today's MSGP. This is in accord with NPDES regulations at 40 CFR 
122.28(b)(3). These regulations also provide that any interested party 
may petition EPA to take such an action. The issuance of the individual 
permit or alternate general permit would be in accordance with 40 CFR 
Part 124 and would provide for public comment and appeal of any final 
permit decision. The circumstances in which such an action would be 
taken are set forth at 40 CFR 122.28(b)(3).

VI. Summary of Common Permit Conditions

    The following section describes the permit conditions common to 
discharges from all the industrial activities covered by today's final 
MSGP. These conditions are largely the same as the conditions of the 
1995 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 final MSGP establishes NOI 
requirements. These requirements apply to facilities currently covered 
by the 1995 MSGP, as well as new facilities seeking coverage. EPA made 
minor modifications to the NOI form to allow the discharger, the Agency 
and the public to more easily determine sector-specific conditions that 
will apply to the facility. Further modifications proposed on March 30, 
2000 (65 FR 17010) require review and approval by the Office of 
Management and Budget under the Paperwork Reduction Act. EPA will have 
all appropriate approvals in place prior to requiring the use of the 
expanded NOI form. In the interim the NOI form with the minor 
modifications, contained in this notice, is in effect.
    The information requirements of the revised NOI form are described 
below:
1. Content of NOI
    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 is through 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 in the SWPPP);
    l. Based on the instructions in Addendum A, whether any listed 
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. 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;
    n. A signed and dated certification, signed by a authorized 
representative of the facility as detailed in Part 9.7 and maintained 
with the SWPPP 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, 
jeopardize 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 
of Historic Places under the National Historic Preservation Act, or 
are otherwise eligible for coverage under Part 1.2.3.7 of the 
permit. I

[[Page 64758]]

understand that continued coverage under the multi-sector storm 
water general permit is contingent upon maintaining eligibility as 
provided for in Part 1.2.

    Two additional components of the form pending approval by the 
Office of Management and Budget are:

    a. 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;
    b. under which Part(s) of Part 1.2.3.7 (Historic Properties) the 
applicant is certifying eligibility and whether the SHPO or THPO was 
involved in the determination of eligibility.

    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), 1200 Pennsylvania Avenue NW., Washington, DC 20460.
    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 1995 MSGP, the deadline for 
submission of an NOI requesting coverage under the reissued MSGP is 
January 29, 2001 (90 days after expiration of the 1995 MSGP). For these 
facilities, the requirements of the 1995 MSGP are incorporated into 
today's MSGP and continue to apply during the interim period subsequent 
to the expiration of the 1995 MSGP, but prior to submission of the NOI 
requesting coverage under the reissued MSGP. In response to a question 
from some permittees, EPA wishes to clarify that there is no need to 
submit an NOT to rescind coverage under the 1995 MSGP.
    Facilities currently covered by the 1995 MSGP who cannot 
immediately determine if they are eligible for coverage under today's 
reissued MSGP 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 his eligibility for the reissued MSGP 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 requirement of today's MSGP differs from the 1995 MSGP 
which had required that a copy of the NOI be sent to the MS4 operator. 
Today's MSGP has been 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 (55 FR 48063). 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 final MSGP also differs from the 1995 
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 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

[[Page 64759]]

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), 1200 Pennsylvania Avenue NW., 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
    Today's final 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.
    In response to comments on this matter, EPA has included a copy of 
the ``No Exposure'' form and instructions as Addendum F to today's 
permit.
    EPA has also prepared a new guidance document entitled ``Guidance 
Manual for Conditional Exclusion from Storm Water Permitting Based on 
``No Exposure'' of Industrial Activities to Storm Water'' to assist 
permittees in determining eligibility for the exemption. This guidance 
document is available on EPA's storm water website. In addition, EPA 
recently conducted a mass mailing to permittees (as well as other 
stakeholder groups) alerting them to the no exposure exemption.

B. Special Conditions

    The conditions of today's final 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 final 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 the same approach as in the 1995 MSGP.
---------------------------------------------------------------------------

    \2\ Section 9.12.2 of the final MSGP provides that facility 
operators with storm water discharges associated with industrial 
activity who, 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 final MSGP, the permit conditions reflect 
EPA's 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 today's final MSGP are issued under the 
authority of both of these regulatory provisions. The pollution 
prevention or BMP requirements in today's final MSGP 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)). See also EPA's 
memorandum of August 1, 1996 entitled ``Interim Permitting Approach for 
Water Quality-Based Effluent Limitations for Storm Water Discharges.''
1. Prohibition of Non-storm Water Discharges
    Today's final MSGP includes basically the same provisions 
pertaining to non-storm water discharges as the 1995 MSGP. Like the 
1995 MSGP, today's MSGP does not authorize non-storm water discharges 
that are mixed with storm water except as provided below. Today's MSGP 
does 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 
1995 MSGP, these discharges were brought to the attention of EPA with a 
request that the discharges be authorized under the reissued MSGP. The 
mist discharges are authorized under today's 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 are authorized under 
today's final MSGP are the same as those in the 1995 MSGP and include 
discharges from fire

[[Page 64760]]

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; uncontaminated ground water or spring 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. In response to a 
comment, the final MSGP includes ``potable water sources, including 
waterline flushings'' on the list of authorized non-storm water 
discharges, but deletes the reference to ``drinking fountain water,'' 
which a commenter felt could conflict with local ordinances.
    To be authorized under today's 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 final MSGP 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 
today's 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 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 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 final MSGP includes the same provisions 
pertaining to releases of reportable quantities of hazardous substances 
and oil as the 1995 MSGP.
    a. Today's final 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 one 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 1995 MSGP, today's MSGP includes requirements pertaining 
to co-located industrial facilities. However, these requirements have 
been modified from the requirements of the 1995 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 today's MSGP (e.g., a 
landfill at a wood treatment facility). Facilities operating under the 
1995 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 regulations, and identified by today's MSGP 
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

[[Page 64761]]

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, today's MSGP authorizes, as does the 1995 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 MSGP retains the numeric effluent limitations which were 
included in the 1995 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).
    Today's MSGP retains the numeric effluent limitations from the 1995 
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 final 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, 3, 6, 8, 9, 10. The actual numeric 
effluent limitations can be found in Part 6 of the final MSGP.
5. Compliance with Water Quality Standards
    The 1995 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 final 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 final 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 recur, coverage under the MSGP may be 
terminated by the permitting authority and an alternate permit issued. 
Today's final MSGP also clarifies that compliance with this requirement 
does not preclude enforcement actions as provided by the CWA for the 
underlying violation.

C. Common Storm Water Pollution Prevention Plan (SWPPP) Requirements

    Like the 1995 MSGP, today's reissued MSGP 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 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 final MSGP. 
These common requirements may be amended or further clarified in the 
industry-specific SWPPP requirements which are found in Part 6 of the 
final MSGP. These industry-specific requirements are additive for 
facilities where co-located industrial activities occur.
    The Storm Water Pollution Prevention Plan (SWPPP) approach in 
today's final 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 final 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 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

[[Page 64762]]

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 memoranda 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 final MSGP includes industry-specific requirements 
for the various industry sectors covered by today's permit. All SWPPPs 
generally must describe the following elements:
    a. Description of the Facility Site and Receiving Waters/Wetlands 
(Parts 4.2.2 and 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 the three 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

[[Page 64763]]

procedures necessary to fulfill the requirements set forth in Parts 4 
and 6 of the final 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 final 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 final 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 eligible 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 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

[[Page 64764]]

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 final 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 final 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 affecting 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 final 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 
final MSGP requires that the SWPPP describe the scope and content of 
the comprehensive site evaluations that qualified personnel will 
conduct to (1) confirm the accuracy of the description of potential 
pollution sources contained in the plan, (2) determine the 
effectiveness of the plan, and (3) assess compliance with the terms and 
conditions of the permit. Note that the comprehensive site evaluations 
are not the same as periodic or other inspections described for certain 
industries 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

[[Page 64765]]

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 three 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 three 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 two weeks after each 
comprehensive site evaluation, unless indicated otherwise in Part 6 of 
the permit. If existing BMPs need to be modified or if additional BMPs 
are necessary, implementation must be completed before the next 
anticipated storm, or not more than 12 weeks after completion of the 
comprehensive site evaluation.
    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 and 4.6): To better ensure compliance with the 
requirements of the ESA and NHPA, Parts 4.5 and 4.6 of today's final 
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 is 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 jeopardized 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 final MSGP notes that discharges from facilities 
which fail to describe and implement such measures are ineligible for 
coverage under the permit.
    The following information is required for the NHPA determination:
     Information on whether the 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;
     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 final 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 monitoring 
results and/or an inspection by the permittee or by local, state, 
tribal, or federal officials indicate 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 be 
locally available for the use of the Director, a State, Tribe, or 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. Since SWPPPs are 
living documents that change over time, access to the current version 
of the SWPPP is critical in assessing permit compliance. Facilities are 
also required to provide a copy of the SWPPP to the public when 
requested in writing to do so.
    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.
    EPA does not intend to require public comment on SWPPPs or hold 
public hearings. As noted above, EPA may require changes to a SWPPP 
when necessary and may consider concerns from the public in making such 
judgments. The MSGP also provides

[[Page 64766]]

that individual permits may be required when the MSGP is inappropriate 
for a given facility. During the issuance of the individual permits, 
the public would have an opportunity to comment on the requirements of 
the permits.
4. Deadlines
    Today's MSGP requires that permittees previously covered by the 
1995 MSGP must update their SWPPPs to comply with any new requirements 
of today's MSGP by the date they submit their new NOIs. As noted 
earlier, the new NOIs are due January 29, 2001. However, a permittee 
may request an extension for the SWPPP update not to exceed 270 days 
from the expiration date of the 1995 MSGP.

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 final MSGP replaces the special requirements of the 1995 
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 Storm Water 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.
2. Special Requirements for Storm Water Discharges Associated With 
Industrial Activity From Salt Storage Facilities
    Today's MSGP retains the same special requirements as the 1995 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 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.
    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) 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

    Today's final MSGP retains the same monitoring requirements as the 
existing MSGP. Numerous comments were submitted on these monitoring 
requirements. A summary of EPA's responses to these comments and 
justification for retaining these requirements is contained in this 
section. A more detailed discussion is found in Section IX of this fact 
sheet (Summary of Responses to Comments). Responses to individual 
comments are contained in the Water Docket.
    Like the 1995 MSGP, today's final MSGP 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 1995 MSGP is repeated below.
1. Analytical Monitoring Requirements
    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.
    The categories of facilities subject to analytical monitoring in 
today's final 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. Those data were 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 represent 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 presents little potential for water quality concern. 
As such, the benchmarks also

[[Page 64767]]

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 ensure 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. Two 
changes from the 1995 MSGP are the addition of benchmark values for 
total Cyanide and Total Magnesium. Benchmark values for the two 
parameters were included in the Fact Sheet of the 1995 MSGP at Table K-
3, but were inadvertently not included in the general listing of 
parameter benchmark values (Table 5 of the Fact Sheet for the 1995 
MSGP). Additional information explaining 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 day)....   30 mg/L..............         4
 Chemical Oxygen Demand...............   120 mg/L.............         5
 Total Suspended Solids...............   100 mg/L.............         7
 Oil and Grease.......................   15 mg/L..............         8
 Nitrate + Nitrite Nitrogen...........   0.68 mg/L............         7
 Total Phosphorus.....................   2.0 mg/L.............         6
 pH...................................   6.0-9.0 s.u..........         4
 Acrylonitrile (c)....................   7.55 mg/L............         2
 Aluminum, Total (pH 6.5-9)...........   0.75 mg/L............         1
 Ammonia..............................   19 mg/L..............         1
 Antimony, Total......................   0.636 mg/L...........         9
 Arsenic, Total (c)...................   0.16854 mg/L.........         9
 Benzene..............................   0.01 mg/L............        10
 Beryllium, Total (c).................   0.13 mg/L............         2
 Butylbenzyl Phthalate................   3 mg/L...............         3
 Cadmium, Total (H)...................   0.0159 mg/L..........         9
 Chloride.............................   860 mg/L.............         1
 Copper, Total (H)....................   0.0636 mg/L..........         9
 Cyanide, Total.......................   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
 Magnesium, Total.....................   0.0636 mg/l..........         9
 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.

[[Page 64768]]

 
 (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 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 notwithstanding 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). Today's final MSGP 
retains the monitoring requirements of the 1995 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. Like the 1995 MSGP, 
exemptions for today's MSGP would be on a pollutant-by-pollutant and 
outfall-by-outfall basis.
    As part of the reissuance process for today's MSGP, EPA evaluated 
Discharge Monitoring Reports (DMRs) submitted by facilities for 
analytical monitoring conducted during the second and fourth year of 
the 1995 MSGP. The purpose of the evaluation was to evaluate any trends 
in the monitoring results. One factor common to almost all industrial 
sectors, however, was that the number of DMRs submitted for the year-
four monitoring period far exceeded the number of DMRs submitted for 
the year-two monitoring period. For the second-year monitoring period, 
EPA received 380 DMRs, whereas 1377 DMRs were received for the fourth-
year monitoring period. For example, the number of Sector M (Auto 
Salvage Yards) facilities that submitted monitoring results for total 
suspended solids from the second year monitoring period was roughly 26; 
the number of DMRs submitted for the fourth year monitoring for the 
same industrial sector and parameter was 240. As a result, EPA could 
not conduct the trends analysis it intended to perform.
    While the exact reason for the significant increase in the number 
of DMRs received in year 4 of the permit (as compared to year 2) is 
unknown, EPA suspects it is related to the administrative extension of 
EPA's 1992 baseline general permit. Although the 1992 general permit 
expired in September 1997, the permit was administratively extended. It 
was not until December 28, 1998 that facilities previously covered 
under EPA's baseline industrial permit were required to obtain coverage 
under the MSGP. As a result, facilities previously covered under the 
baseline industrial permit were not required to conduct analytical 
monitoring (as required in the second year of the 1995 MSGP). In 
essence, the fourth-year monitoring data set EPA received represents 
the baseline of pollutant discharge information under the sector-
specific industrial general storm water permit.
    Based on the information received during the public comment period 
and the DMRs received, EPA believes it is premature to make any final 
conclusions regarding the value of the Agency's acquisition of the 
monitoring data or to consider dropping the monitoring. EPA is 
retaining quarterly analytic monitoring requirements for storm water 
discharges as per the 1995 MSGP for all sectors previously identified. 
Comparison of pollutant levels against benchmark levels is still 
regarded as one of the important tools operators must use to evaluate 
their facilities' storm water pollution prevention plans (SWPPPs) and 
best management practices (BMPs). Facilities' discharge monitoring 
reports (DMRs) are also vital to the Agency for use in characterizing 
an industrial sector's discharges. EPA has not, and does not, intend 
for pollutant levels above the benchmark values to mean a facility is 
out of compliance with the MSGP-2000.
    While today's permit retains the analytical monitoring requirements 
of the 1995 MSGP, the Agency continues to support the position that any 
analytical monitoring program required

[[Page 64769]]

under the MSGP needs to be structured so that it provides useful 
information to facility operators, EPA and the general public on the 
effectiveness of Storm Water Pollution Prevention Plans. EPA commits to 
using data from the 1995 and 2000 permits to evaluate the effectiveness 
of management practices on an industry sector basis and to evaluate the 
need for changes in monitoring protocols for the next permit. The 
Agency will work with program stakeholders in conducting the evaluation 
and may seek to implement certain changes possibly on a pilot basis.
    Like the 1995 MSGP, today's 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 is 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 is less than or equal to the benchmark value, then the 
permittee is not required to conduct analytical monitoring for that 
pollutant during the fourth year of the permit. If, however, the 
average concentration for a pollutant is greater than the benchmark 
value, then the permittee is required to conduct quarterly monitoring 
for that pollutant during the fourth year of permit coverage. 
Analytical monitoring is not required during the first, third, and 
fifth year of the permit. When average concentrations exceed benchmark 
levels, facilities are encouraged to conduct more monitoring if 
appropriate to identify additional management practices which may be 
necessary to include in their SWPPP. 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 
purposes of the above monitoring, year 2 runs from October 1, 2001 to 
September 30, 2002; year 4 runs from October 1, 2003 to September 30, 
2004.
    EPA acknowledges that, considering the small number of samples 
required per monitoring year (four), and the vagaries of storm water 
discharges, it may be difficult to determine or confirm the existence 
of a discharge problem as a commenter claimed. When viewed as an 
indicator, analytic levels considerably above benchmark values can 
serve as a flag to the operator that his SWPPP needs to be reevaluated 
and that pollutant loads may need to be reduced. Conversely, analytic 
levels below or near benchmarks can confirm to the operator that his 
SWPPP is doing its intended job. EPA believes there is presently no 
alternative that provides stakeholders with an equivalent indicator of 
program effectiveness.
    Commenters also had concerns that only four samples and variability 
in conditions severely reduce the utility of monitoring results for 
judging BMP effectiveness. While not practicable for EPA to require an 
increase in monitoring, operators are encouraged to sample more 
frequently to improve the statistical validity of their results. Unless 
the proper data acquisition protocol for making a valid BMP 
effectiveness determination is rigorously followed, any other method 
used to assess BMP effectiveness would be qualitative, and therefore 
less reliable. The least subjective approach, and most beneficial to 
operators and stakeholders, EPA believes, remains a combination of 
visual and analytic monitoring, using analyte benchmark levels to 
target potential problems. Statistical uncertainties inherent in the 
monitoring results will necessitate both operators and EPA exercising 
best professional judgement in interpreting the results. As stated 
above, when viewed as an indicator, analytic levels considerably above 
benchmark values can serve as a flag to the operator that his SWPPP 
needs to be reevaluated and that pollutant loads may need to be 
reduced. Conversely, analytic levels below or near benchmarks can 
confirm to the operator that his SWPPP is doing its intended job.
    Commenters had additional concerns regarding impacts of storm water 
on water quality standards and that monitoring has marginal value in 
assessing and protecting water quality. In the absence of establishing 
discharge pollutant levels that correlate directly to water quality 
standards, as would be done for an individual permit, EPA settled on 
benchmark levels which would, under nearly all scenarios, be protective 
of water quality standards. Recognizing the shortcomings of these 
generic pollutant levels, EPA only intends for them to be used as 
indicators of possible problems and as a flag to reevaluate the SWPPP 
and possibly the operation of the facility--not as a trigger to begin 
mandatory SWPPP or operational revisions (unless, after employing BPJ, 
the operator deems such revisions are necessary).
    Monitoring results also serve as an oversight tool for EPA to 
prioritize sites which may benefit from a site inspection. A 
requirement to submit test results serves as an incentive for the 
facility operator to perform the monitoring and take any necessary 
action based on the results.
    Some commenters felt the validity of benchmark values need to be 
reevaluated. Universal WQ-based discharge levels for storm water cannot 
be established; the next best thing would be to determine water 
segment-specific total maximum daily loads (TMDLs) for these 
discharges. But when benchmarks are employed merely as indicators, 
without requiring specific corrective actions beyond using best 
professional judgement to reassess present conditions and make any 
changes deemed necessary, the present benchmarks are adequate. In many 
cases operators can, upon receipt of analytic monitoring results above 
benchmarks, still conclude their present SWPPPs/BMPs are adequately 
protective of water quality, or that other situations such as 
discharging to low-quality, ephemeral streams may obviate the need for 
SWPPP/BMP revisions.
    The fact that storm water discharge pollutant levels could be 
affected by atmospheric/dry deposition, run on and fate in transport, 
as well as structural sources, was a concern of a few commenters. EPA 
acknowledges the potential for adding pollutants to a facility's 
discharges from external or structural sources. Permittees are, 
nonetheless, still legally responsible for the quality of all 
discharges from their sites (or any runoff that comes into contact with 
their structures, industrial activities or materials, regardless of 
where these are located)--but not from pollutants that may be 
introduced into their discharges outside the boundaries of their 
properties. Pollutant levels, whether elevated from air deposition, 
run-on from nearby sites, or leachate from on-site structures, remain 
the responsibility of permittees. This was affirmed in the ruling by 
the Environmental Appeals Board against the General Motors Corporation 
CPC-Pontiac Fiero Plant in December 1997.
    a. Other Monitoring Options: There were various comments for and 
against various alternatives to quarterly analytic monitoring 
submitted. The other non-analytic monitoring options are summarized in 
the following paragraphs, along with EPA responses.
     b. Visual Monitoring: Numerous commenters supported dropping 
analytic monitoring from the MSGP-

[[Page 64770]]

2000 in favor of just requiring quarterly visual monitoring. Commenters 
claimed visual monitoring is adequate to ensure compliance and 
environmental protection (especially coupled with training), and is 
least burdensome.
    Quarterly visual monitoring of storm water discharges has always 
been a permit requirement, for many of the same reasons why commenters 
favor it, and will continue to be so. EPA will also be retaining 
analytic monitoring because we believe the best way to ensure SWPPP 
effectiveness and protection of water quality is through a combination 
of visual and analytic monitoring. The reasons for not adopting visual 
monitoring only are explained further in the rationale for justifying 
quarterly analytic monitoring.
    c. Annual Reporting: One option suggested by commenters was for an 
annual report, possibly using a standardized form, to be submitted to 
EPA detailing the permittee's SWPPP highlights and revisions/additions, 
inspections, compliance evaluations, visual monitoring results, etc. 
This information is already required to be documented in a facility's 
SWPPP, which, if deemed necessary, must be provided to EPA on demand. 
One comment against this option stated that the volume of data 
submitted would be too great for the Agency to evaluate. Other 
opponents to this option indicated that the reports would not contain 
enough information to evaluate SWPPP effectiveness, ensure water 
quality protection, or provide the information necessary to make long-
term management plans. Commenters in support of the annual report 
concept held that it would provide a record of the permittee's 
commitment to storm water control, was better for evaluating SWPPP 
effectiveness, and would provide information to EPA to determine if 
sampling or a site inspection is needed.
    If no monitoring data were available, an annual report could be 
used to ensure that a facility is implementing its SWPPP. The reports 
could also be used to prioritize sites for inspection. However, EPA 
agrees that it would be very burdensome to review all the reports and 
very difficult to assess the effectiveness of a facility's SWPPP based 
on that review alone. The subjectivity inherent in annual reporting 
makes it a undesirable substitute for analytic monitoring. Documenting 
the kind of information in the annual report is already a SWPPP 
requirement, and is therefore available to operators for assessing and 
improving their storm water programs. For these reasons, EPA will not 
require reports containing essentially the same information required in 
SWPPPs to be submitted in lieu of analytic monitoring.
    d. Group Monitoring: Commenters also suggested group monitoring. In 
this option a consortium of like permittees would do sampling at one 
facility, possibly on a rotating basis. The sample results would 
represent all the facilities in the consortium. A variation of group 
monitoring is for the consortium to retain a consultant to do 
representative sampling and provide storm water program guidance and 
evaluations. Supporters of this concept said it may allow for 
comparisons of effectiveness of different SWPPP practices (e.g., 
sweeping vs. catchment basin for solids control). One commenter pointed 
out that the feasibility of the group concept is suspect due to the 
fact that individual facilities may have different topography, soil and 
other natural conditions. EPA believes that technically valid BMP 
comparisons could be done under this type of program. However, it would 
be difficult and very resource-intensive for EPA to establish criteria 
for group eligibility and then monitor to ensure that groups met these 
criteria.
    e. Watershed Monitoring: This option involves replacing the 
monitoring of discrete storm water discharges with ambient receiving 
water monitoring on a watershed basis. Watershed monitoring is 
invaluable to making real conclusions regarding storm water impacts of 
water quality, and will be employed in making total maximum daily load 
(TMDL). However, watershed monitoring cannot replace facility-specific 
storm water discharge monitoring to determine the loads contributed by 
the facilities and to evaluate the effectiveness of the SWPPP.
    f. Monitoring Only in Impaired Waters: Several commenters supported 
requiring monitoring only in impaired water bodies and for pollutants 
that cause the impairment. Although this option would focus attention 
on the problem water bodies and possible pollutant sources, EPA and a 
commenter point out that not all impaired water bodies and their 
impairments have been determined. The goal of EPA's storm water program 
is also to protect and maintain water quality, not just remediate 
impaired waters, so focusing on impaired waters only does not fulfill 
all the program's responsibilities.
2. Compliance Monitoring
    Today's final MSGP retains the same compliance monitoring 
requirements as the 1995 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 is 
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, 3, 6, 8, 9, 10. 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. Discharges covered under today's 
final 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 Sec. 401, a default minimum 
monitoring frequency of once per year has been included in the final 
permit. 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 final MSGP retains the provision in the 1995 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

[[Page 64771]]

exposed to storm water at the site then the potential for that 
pollutant to contaminate storm water discharges does not warrant 
monitoring.
    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 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 final 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 1995 MSGP, today's final 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 final MSGP is 
as follows: MSGP DMR (4203), U.S. EPA, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
    Under the 1995 MSGP, DMRs had been sent to the EPA Regional 
Offices. However, to facilitate review of all DMRs from facilities 
operating under the MSGP, the final MSGP requires that they be sent to 
the one location specified above.
    Today's final MSGP also retains the requirement in the 1995 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 final MSGP remains the EPA Regional Offices as found in Part 
8.3 of the final 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 9.
    b. Fort McDermitt Reservation lands, located in Regions 9 and 10, 
are handled by Region 9.
    c. Goshute Reservation lands, located in Regions 8 and 9, are 
handled by Region 9.
    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 8.
    Pursuant to the requirements of 40 CFR 122.41(j), today's MSGP 
(like the 1995 MSGP) requires permittees to retain all records for a 
minimum of three years from the date of the sampling, examination, or 
other activity that generated the data.
5. Sample Type
    Today's final MSGP retains the same requirements regarding the type 
of sampling as the 1995 MSGP. A general description is provided below. 
Certain industries have different requirements. Permittees should check 
the industry-specific requirements in Part 6 of the final 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

[[Page 64772]]

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
    Today's MSGP retains the same provision as the 1995 MSGP regarding 
substantially identical outfalls 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 such outfall and report that the 
quantitative data also apply to the substantially identical outfalls 
provided that the permittee includes in the SWPPP a description of the 
location of the outfalls and detailed explanation 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 final MSGP retains the same provisions for sampling waivers 
(as discussed below) which are found in the 1995 MSGP:
    a. Adverse Weather Conditions. Today's final MSGP 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 
final MSGP 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, or 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. Today's 
final MSGP 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, or 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 final MSGP retains the requirements of the 1995 MSGP for 
quarterly visual examinations of storm water discharges which EPA 
continues to believe provide a useful and 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 final MSGP 
are required to conduct these examinations. In the 1995 MSGP all 
sectors except Sector S (which covers air transportation) were 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

[[Page 64773]]

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 run off 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 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 an 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 Storm Water 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 Storm Water 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 followup 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 Office Addresses and 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, JFK Federal Building 
(CMU), Boston, MA 02203, 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 
Staff, 841 Chestnut Building, Philadelphia, PA 19107, Contact: Cheryl 
Atkinson (215) 814-3392.
 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.

[[Page 64774]]

 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 in OK (which under State 
law are regulated by the Oklahoma Corporation Commission 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, ND, SD, WY and UT (except Goshute and Navajo Reservation lands); 
Ute Mountain Reservation lands in CO and NM ; and Pine Ridge 
Reservation lands in SD and NE.
    EPA Region 8, Ecosystems Pr.otection Program (8EPR-EP), 999 18th 
Street, Suite 300, Denver, CO 80202-2466 Contact: Vern Berry (303) 312-
6234.
 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.
    EPA Region 9, Water Management Division, (WTR-5), Storm Water 
Staff, 75 Hawthorne Street, San Francisco, CA 94105, Contact: Eugene 
Bromley (415) 744-1906.
 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, Contact: Misha Vakoc (206) 553-6650 
(toll-free in Region 10 states: 800-424-4372, extension 6650).

VII. Cost Estimates for Common Permit Requirements

    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 new MSGP 
includes few changes from the 1995 MSGP.

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 
today's final MSGP. For today's 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 has several 
ongoing programs directed toward identifying additional pollution 
prevention opportunities for different industrial sectors. One example 
is 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 are 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 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. Sectors 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 regarding construction 
activity at metal mining sites and to make metal mining requirements 
consistent with mineral mining provisions (Sector J), Sector G has been 
modified to indicate that earth-disturbing activities occurring in the 
``exploration and construction phase'' of a mining operation must be 
covered under EPA's Construction General Permit (63 FR 7858, February 
17, 1998) if the area disturbed is one acre or more. All mining 
exploration/construction operations of less than one acre must be 
covered under the MSGP-2000.
    Today's MSGP 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 today's MSGP. 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

[[Page 64775]]

included in today's MSGP. The monitoring results which have been 
submitted to EPA pursuant to these requirements were also considered in 
determining the monitoring requirements for today's permit for this 
sector.
    Concerns were expressed by some commenters over the use of the term 
``Numeric limitation'' in the headings in the tables in Sector G in the 
proposed MSGP. However, since there are no actual numeric limitations 
in the tables, EPA believes this concern is not justified and the final 
MSGP has not been modified in response to these comments. In response 
to other comments, the revised Table G-4 from the August 7, 1998 MSGP 
modification has been added to the permit in Part 6.G.
    In response to comments received on the proposed MSGP, the language 
in Part 6.G.1.6.6 of the final MSGP was modified to indicate that a 
permittee may test ``or evaluate'' mining-related discharges for non-
storm water discharges to make today's MSGP consistent with the 1995 
MSGP.
    Also in response to comments, the permit language in the final MSGP 
which defines the reclamation phase was modified to reflect post-mining 
land uses other than ``pre-mining state'' which had been in the 
proposed MSGP. In addition, the final MSGP has been clarified to 
indicate that sampling waivers in Part 5.3.1 of the MSGP do apply to 
Sector G.

C. Sector I--Oil and Gas Extraction and Refining

    In response to a comment, the title for Sector I was changed to 
include ``Refining'' to clarify that runoff from refineries (except 
runoff subject to effluent limitations guidelines) is eligible for 
coverage under today's MSGP.

D. Sector J--Mineral Mining and Processing

    EPA has re-evaluated the provisions of the 1995 MSGP for industrial 
facilities in Sector J to determine whether these provisions need to be 
updated for the reissued MSGP. To clarify the applicability of the MSGP 
regarding construction activity at mineral mining sites and to make 
mineral mining requirements consistent with metal mining provisions 
(Sector G), Sector J has been modified to indicate that earth-
disturbing activities occurring in the ``exploration and construction 
phase'' of a mining operation must be covered under EPA's Construction 
General Permit (63 FR 7858, February 17, 1998) if the area disturbed is 
one acre or more. All mining exploration/construction operations of 
less than one acre must be covered under the MSGP-2000.

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

    EPA has re-evaluated the provisions of the 1995 MSGP for industrial 
facilities in Sector K to determine whether these provisions need to be 
updated for the reissued MSGP. On 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 has included 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 1995 MSGP authorized 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). Today's final MSGP continues to 
authorize storm water associated with industrial activity; however, for 
contaminated storm water discharges as defined above, the reissued MSGP 
requires compliance with the promulgated ELGs for such discharges (with 
monitoring once/year during each year of the term of the final 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)
------------------------------------------------------------------------
                                      Maximum for 1     Monthly average
             Pollutant                     day              maximum
------------------------------------------------------------------------
BOD5..............................  220               56

[[Page 64776]]

 
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 final MSGP (like the 1995 MSGP) does 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. Today's final MSGP does, however, continue to authorize 
certain minor non-storm water discharges (listed in Part 1.2.2.2) which 
are very similar to the 1995 MSGP.

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

    EPA has re-evaluated the provisions of the 1995 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 1995 MSGP 
already include several special BMPs for this industry in addition to 
the MSGP's basic BMP requirements.
    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 MSGP, EPA has included 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 has not modified 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 1995 MSGP authorized 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 final MSGP continues to authorize storm water associated 
with industrial activity; however, for contaminated storm water 
discharges as defined above, today's MSGP requires compliance with the 
promulgated ELGs for such discharges (with monitoring once/year during 
each year of the term of the final MSGP). The ELGs are found in Table 
L-1 below:

 Table L-1--Effluent Limitations Guidelines for Contaminated Storm Water
                            Discharges (mg/l)
------------------------------------------------------------------------
                                      Maximum for 1     Monthly average
             Pollutant                     Day              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.
------------------------------------------------------------------------

    Today's final MSGP (like the 1995 MSGP) does 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. Today's MSGP does, however, continue to authorize the same 
minor non-storm water discharges (listed in Part 1.2.2.2) as the 1995 
MSGP.

[[Page 64777]]

G. Sector S--Air Transportation Facilities

    EPA has re-evaluated the provisions of the 1995 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 1995 MSGP 
included several special BMP requirements for airports in addition to 
the MSGP's basic BMP requirements. Additional technologies have been 
developed since the original MSGP issuance for deicing operations which 
have been included in today's MSGP. A lengthy (but not comprehensive) 
list of new deicing chemical and BMP options is provided in Parts 
6.S.5.3.6.2 and 6.S.5.3.7. More information on these options is found 
in the EPA publication ``Preliminary Data Summary, Airport Deicing 
Operations'' (http://www.epa.gov/ost/guide/airport/index.html).
    The MSGP-2000 has been clarified such that compliance evaluations 
(Part 6.S.5.5) shall be conducted during a period when deicing 
activities are likely to occur (vs. a month when deicing activities 
would be atypical or during an extended heat wave), not necessarily 
during an actual storm or when intense deicing activities are 
occurring. This requirement is not seen as onerous, as EPA believes 
that most weather conditions can be reasonably anticipated and the 
evaluation can be planned for.
    In addition, EPA has revised Part 6.S.5.4 to reflect that monthly 
inspections of deicing areas during the deicing season (e.g., October 
through April) are now allowed at airports with highly effective, 
rigorously implemented SWPPPs. This requirement is a reduction from the 
previous MSGP's weekly requirement. However, if unusually large amounts 
of deicing fluids are being applied, spilled or discharged, weekly 
inspections should be conducted and the Director may specifically 
require such weekly inspections. In addition, personnel who participate 
in deicing activities or work in these areas should, as the need 
arises, inform the monthly inspectors of any conditions or incidents 
constituting an environmental threat, especially those needing 
immediate attention.

H. Sector T--Treatment Works

    EPA has re-evaluated the provisions of the 1995 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 1995 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 are appropriate to include in Sector T.
    Today's MSGP 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 
into the treatment works, or covering exposed materials from these 
additional areas or activities.

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

    EPA has re-evaluated the provisions of the 1995 MSGP for industrial 
facilities in Sector Y. The 1995 MSGP included 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 were included in the 1995 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 1995 MSGP) which could further reduce pollutants in storm water 
discharges from these facilities, and which have been included in the 
reissued MSGP.
1. Rubber Manufacturing Facilities
    Today's MSGP 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, today's final MSGP 
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 included in the reissued MSGP for these 
industries.

[[Page 64778]]

IX. Summary of Responses to Comments on the Proposed MSGP

    EPA received comments from 45 individuals in response to the 
proposed permit. A summary of the Agency's responses to those comments 
appears below. Responses to each comment is available from the Water 
Docket, whose address and hours of operation are listed in the 
introduction to this notice.

Section 1.2  Eligibility

    Comment a: One commenter requested clarification on the 
responsibilities military bases, which resemble small municipalities, 
have with regard to non-industrial areas of the base. The commenter 
expressed concern that examples of co-located industrial activities in 
Section VI.B.3 of the fact sheet and Part 1.2.1.1 of the proposed 
permit could be interpreted to require coverage for all vehicle 
maintenance activities at a base, even those unrelated to an industrial 
activity. The commenter further noted that bases in urbanized areas 
would require base-wide storm water management programs anyway as Small 
Municipal Separate Storm Sewer Systems under Phase II of the Storm 
Water Program.
    Response a: EPA agrees that municipalities and military or other 
governmental installations are only responsible for obtaining permits 
for storm water associated with industrial activity for those portions 
of their municipality or installations where they have a storm water 
discharge that is covered under the definition of ``storm water 
associated with industrial activity.'' Under this interpretation, even 
though a military base may choose to submit a single NOI for all 
industrial activities on the base, the SWPPP would only need to 
identify facilities/areas associated or not associated with industrial 
activities and that have a SWPPP covering the industrial activity 
areas. The SWPPP required under the MSGP would not need to address 
storm water controls for the non-industrial areas of the base. A note 
has been added to Part 4.1 (Storm Water Pollution Prevention Plans) of 
the permit to clarify the scope of the SWPPP.
    Comment b: The proposed limitations on transfer of storm water 
discharges from a previous permit to the MSGP could result in undue 
restrictions. The commenter felt that there could be reasons, e.g., for 
consistent management of storm water across a site, etc. that either 
the permittee or the permitting authority would want to address all 
storm water at a facility under a general permit.
    Response b: EPA has reconsidered the Part 1.2.3.3.2 restrictions 
and Part 1.2.3.3.2.1 of the proposed permit has been eliminated. Part 
1.2.3.3.2.1 would only have allowed permittees to seek MSGP coverage 
for storm water discharges previously covered by another permit if that 
previous permit contained only storm water and eligible non-storm water 
(i.e., an individual permit for wastewater, etc. would no longer be 
required if coverage under the MSGP was allowed). EPA's review did 
identify some unintended consequences and unresolved issues that could 
result from this restriction.
    A facility (including new facilities) that never had storm water 
discharges covered by an individual permit, or which was located where 
access to a municipal wastewater treatment plant for wastewater 
discharges was available, would have an opportunity for burden 
reduction that would not be available to a facility with even cleaner 
storm water that happened to have storm water discharges covered in a 
previous permit and could not eliminate their wastewater discharges. 
There could be cases were a smaller and ``cleaner'' facility would not 
be able to take advantage of the savings (e.g., individual permit 
application sampling is not required) the MSGP offered their 
competitors simply because they had a minor wastewater discharge that 
could not be eliminated.
    While the main purpose of the proposed Part 1.2.3.3.2.1 restriction 
was to discourage dual permits at a facility, there are already many 
facilities that have permit coverage split between an individual permit 
and the MSGP and dual permit coverage would still be available in many 
cases anyway. Currently, some of these ``dual permit'' facilities have 
only wastewater under an individual permit and all their storm water 
discharges under the MSGP, while at others, the individual wastewater 
permit includes some of the storm water discharges, with the remaining 
storm water discharges covered by the MSGP. This ability to have split 
coverage in at least some situations is necessary to address situations 
where at least interim coverage under a general permit for a new storm 
water discharge is necessary or desirable from either the permittee's 
or the permitting authority's standpoint.
    EPA has determined that the proposed restrictions in Part 1.2.3.3.2 
relating to discharges for which a water quality-based limit had been 
developed and discharges at a facility for which a permit had been (or 
was in the process of being) either denied or revoked by the permitting 
authority were necessary to address the anti-backsliding requirements 
of the Clean Water Act or to ensure that discharges from a facility 
requiring the additional scrutiny of an individual permit application 
were not inadvertently allowed under the general permit. In any event, 
only those storm water discharges under the previous permit that met 
all other eligibility conditions of the MSGP could even be considered 
for transfer.
    EPA periodically promulgates new effluent limitation guidelines, 
some of which, such as the those for landfills published February 2, 
2000, contain storm water effluent limitation guidelines. Under Part 
1.2.2.1.3 of the MSGP, a storm water discharge subject to a promulgated 
effluent limitation guideline is only eligible for coverage if that 
guideline is listed in Table 1-2. A new guideline promulgated during 
the term of the permit would thus alter the eligibility for the permit 
not only for new dischargers, but also for discharges already covered 
by the permit. In order to avoid the situation where a discharge would 
suddenly become ineligible upon promulgation of a new guideline, Part 
1.2.2.1.3 has been modified to allow interim coverage under the permit 
where a storm water effluent guideline has been promulgated after the 
effective date of the permit, but the permit has not yet been modified 
to include the new guideline. This will allow continued coverage until 
the new storm water guideline could be added to the permit. Where the 
new guideline includes new source performance standards, ``new 
sources'' would need to comply with Part 1.2.4 prior to seeking permit 
coverage.

Section 1.4  Terminating Coverage

    Comment: (Comment also addresses Section 11.1 Transfer of Permit 
Coverage) Several commenters viewed the submittal of an NOT by the old 
operator and the submittal of an NOI by the new operator in order to 
transfer permit coverage after a change in ownership as a new and 
overly burdensome requirement (Parts 1.4 and 11.1). An alternative 
suggested was a simple notice to the permit file of the ownership 
change.
    Response: EPA has determined that the most effective method for 
accommodating and tracking a change in the owner/operator at a facility 
covered by the general permit is to have the old operator submit a 
Notice of Termination certifying that they are no longer the operator 
of the facility, and for the new operator to submit a Notice of Intent 
certifying their desire and eligibility to be covered by the general 
permit. In fact, this is not a new

[[Page 64779]]

requirement since the same process was required under the 1995 MSGP 
(see Part II.A.4 and Part XI.A at 60 FR 51113 and 51122, respectively). 
The only ``new'' aspect of the process is the 30 day timeframe for 
submittal of the NOT by the old operator and a clarification that 
simple name changes in a particular company (e.g., Jones Industrial 
Manufacturing, Co. changing to JIMCO) can be made with a simple update 
to the company's NOI and a NOT would not be required. Submittal of the 
NOT by the old operator documents that the old operator believes he no 
longer needs coverage under the MSGP for any storm water discharges. In 
addition, EPA is more able to maintain a cleaner database of facilities 
actually covered by the permit both currently and in the past. The NOI/
NOT process for transfers under the general permit is thus essentially 
a streamlined parallel process to what would otherwise be required 
under 40 CFR 122.61.
    The permit transfer procedures at 40 CFR 122.61 are designed to 
avoid the time delays and resource burdens associated with issuance of 
a new permit for a facility just because there is a new owner/operator. 
Under this process, transfer of the permit to the new owner/operator 
cannot be made without an actual permit modification (a lengthy process 
especially for general permits), unless the old operator submits a 
thirty day advance notice and a written agreement between the parties 
containing a specific date for transfer of permit responsibility, 
coverage, and liability between them.
    The nature of a general permit is such that there is no actual 
permit issued to any individual facility, but rather that multiple 
dischargers are in effect ``registering'' their intent to use the 
discharge authority offered by the general permit to anyone who is 
eligible. This ``registration'' is accomplished by an operator's 
submittal of the Notice of Intent to be covered by the general permit 
as little as two days before they need permit coverage. In fact, 
regulations at 40 CFR 122.28(b)(2) specifically require submittal of an 
NOI in order for an operator to be authorized under a general permit 
for discharges of storm water associated with industrial activity. EPA 
thus views the requirements for the new operator to file an NOI as 
little as two days prior to the transfer and for the old operator to 
file an NOT within thirty days after the transfer to be less burdensome 
than the thirty day advance notice and written agreements that would 
otherwise be required under the permit transfer requirements of 40 CFR 
122.61.

Section 1.5  Conditional Exclusion for No Exposure

    Comment: EPA should insert the No Exposure Certification form and 
guidance within the permit since many facility operators are unaware of 
its existence.
    Response: EPA has generated a document, ``Guidance Manual for 
Conditional Exclusion from Storm Water Permitting Based on ``No 
Exposure'' of Industrial Activities to Storm Water,'' and a separate no 
exposure announcement to help operators understand and apply for the 
conditional permitting exclusion. The guidance is available in hard 
copy from EPA's Water Resource Center. In addition, EPA also sent a 
mass mailing alerting all EPA permittees as well as stakeholder groups 
to the MSGP-2000 and the no exposure exclusion. To provide the No 
Exposure Certification in as many possible places, EPA is publishing 
the form and instructions as an addendum to the MSGP-2000.

Section 2.1  Notice of Intent (NOI) Deadlines

    Comment: Commenters requested an extension of the 90 day timeframe 
for submission of their NOI to 270 days. Commenters said they needed 
the additional time to complete their Storm Water Pollution Prevention 
Plan (SWPPP), application for an alternate permit, or their endangered 
species consultation or adverse impact investigation. A commenter also 
requested clarification of coverage during the 90 days between this 
publication and their submission of their NOI.
    Response: The fact sheet clarifies that SWPPPs are to be prepared 
at the time the NOI is submitted. Since most permittees are already 
covered under the current MSGP and have a requirement to update their 
SWPPP as the need arises, there is no basis for an automatic extension 
to 270 days. However, facilities may seek an extension up to 270 days 
to develop their SWPPP, or to obtain an alternate permit, on a case-by-
case basis. Similarly, facilities can request an extension up to 270 
days if they need to conduct an endangered species consultation or 
adverse impact investigation. Permittees covered under the current MSGP 
will continue to be covered during the next 90 days as long as they 
meet the conditions set forth in the 1995 MSGP.

Section 2.2  Contents of Notice of Intent (NOI)

    Comment a: Clarify how to complete the NOI form in situations where 
an MS4 has industrial activities and is conveying the pollutants to its 
own storm drainage system.
    Response a: The intent of Section 2.2.2.5 was to identify the 
municipal separate storm sewer system under the assumption that it 
would be under different ownership. If there is not a separate owner, 
this requirement is unnecessary. This section has been revised to 
clarify ``the name of the municipal operator if the discharge is 
through a municipal separate storm sewer system under separate 
ownership.''
    Comment b: A commenter questioned whether EPA was requiring or 
encouraging permittees to consult FWS and NMFS in making its endangered 
species finding.
    Response b: The facility is responsible for obtaining the 
threatened or endangered species list to make sure that listed specie 
or critical habitat is not located in or around the vicinity of your 
facility. That list may be obtained by phoning or mailing the FWS or 
NMFS, visiting EPA's website, or by some other means. Thus, the 
permittee is not required to contact the two agencies if he can meet 
his obligation in another manner.
    Comment c: Do not include latitude/longitude information on the 
NOI.
    Response c: EPA requires all regulated facilities to submit 
latitude and longitude information. The information is critical in 
overseeing compliance with endangered species assessments and 
coordinating compliance assistance and enforcement activities across 
media programs.

Section 2.3  Use of NOI Form

    Comment a: Do not add check boxes related to NHPA and ESA 
compliance.
    Response a: EPA believes the additional information improves the 
Agency's ability to oversee implementation of the permit and compliance 
with ESA and NHPA requirements. Because the permittee is already 
responsible for conducting the analysis, there is minimal additional 
burden associated with indicating on the NOI form how the analysis was 
conducted. Therefore, EPA intends to retain this requirement. The NOI 
form requires review by the Office of Management and Budget. Until the 
new form is approved, permittees should use the current form. EPA's 
ability to issue today's permit is contingent upon its compliance with 
ESA and NHPA; thus, provisions related to those statutes is part and 
parcel of today's permitting action.
    Comment b: Commenters supported EPA's proposal to allow facilities 
to

[[Page 64780]]

submit NOIs, notices of termination, and discharge monitoring reports 
electronically. However, they cautioned that EPA continue to allow hard 
copy filing since not all permittees have internet access.
    Response b: The final permit retains the requirement of paper 
filing for NOIs, NOTs, and DMRs. While EPA believes that electronic 
filing will be incorporated as an option in the future, it is currently 
not available.

Section 3.3  Compliance with Water Quality Standards

    NPDES regulations at 40 CFR 122.44(d)(1)(i) require that the MSGP 
ensure compliance with State water quality standards for all discharges 
which ``will cause, have the reasonable potential to cause, or 
contribute'' to an exceedance of a State standard. With the wide 
variety of facilities to be permitted under the MSGP, EPA believes that 
reasonable potential to cause or contribute to exceedances of water 
quality standards is likely to exist at least for some facilities. 
Therefore the MSGP must include appropriate provisions to ensure 
compliance with State standards. For general permits, EPA's guidance 
document entitled ``General Permit Program Guidance'' (February, 1988) 
suggests an overall narrative statement requiring compliance with State 
standards to address the fact that the permit will cover a wide variety 
of facilities subject to different standards depending on their 
location. Part 3.3 of the proposed MSGP included a narrative statement 
in accordance with this guidance to ensure compliance with 40 CFR 
122.44(d)(1)(i). Part 1.2.3.5 of the proposed MSGP also included an 
exclusion from permit coverage for facilities which EPA has determined 
may cause or contribute to violations of State standards. Commenters 
raised a number of concerns regarding the provisions of the proposed 
MSGP related to compliance with State standards. However, after review 
of the comments, EPA believes that the provisions of the proposed MSGP 
were appropriate and these provisions have been retained in the final 
MSGP. Following below are EPA responses to the specific issues raised 
by the commenters:
    Lack of Coverage for Facilities With Reasonable Potential
    Comment a: A commenter was puzzled by the exclusion from coverage 
in Part 1.2.3.5 of the proposed MSGP and requested additional 
explanation.
    Response a: EPA believes that facilities which are shown to cause, 
or have the reasonable potential to cause or contribute to exceedances 
of State standards may be more appropriately permitted under individual 
permits or a separate general permit with alternate permit requirements 
designed to ensure compliance with State standards. This is the basis 
for the exclusion. Part 1.2.3.5 also provides, however, that MSGP 
coverage may be available if the control measures in the storm water 
pollution prevention plan (SWPPP) are sufficient to ensure compliance 
with State standards.
    Comment b: Part 1.2.3.5 of the proposed MSGP could prove burdensome 
and could lead to permit backlogs depending on the extent of its use.
    Response b: Given the large number of facilities covered by the 
MSGP, it is not practical for EPA to individually review the status of 
all facilities covered by the MSGP prior to submittal of the NOI. EPA 
has developed eligibility criteria for coverage under the MSGP-2000 
which should, if applied appropriately by the facility operator, screen 
out facilities which have ``reasonable potential'' to exceed a state 
standard. In addition, where EPA determines there is a ``reasonable 
potential,'' the Director will require the facility to submit an 
individual permit or take other appropriate action.
    Comment c: MSGP coverage should not be allowed until the absence of 
reasonable potential had been demonstrated by the discharger.
    Response c: As noted above, EPA does not believe this is practical 
for all facilities given the large number of dischargers covered by the 
permit. Moreover, as discussed in EPA's ``Interim Permitting Policy for 
Water Quality-Based Effluent Limitations in Storm Water Permits'' (61 
FR 43761, November 26, 1996), there will likely be circumstances where 
inadequate information is available to perform the reasonable potential 
analysis.

Are Discharges with Reasonable Potential a Permit Violation?

    Comment d: Several commenters objected to Part 3.3 of the proposed 
MSGP which indicated that discharges which have occurred would be 
violations of the MSGP if they are later shown to have the reasonable 
potential to cause or contribute to exceedances of State standards.
    Response d: EPA believes that such discharges are appropriately 
characterized by the MSGP as violations. The narrative statement in the 
MSGP requiring compliance with water quality standards in effect 
incorporates into the permit all numeric effluent limitations which are 
necessary to ensure compliance with State standards. When a discharge 
is shown to have reasonable potential, this implies that discharges are 
occurring which would exceed the permit limits needed to ensure 
compliance with State standards. Since the narrative statement 
incorporates all limits needed to ensure compliance with State 
standards, the discharges are appropriately characterized as violations 
of the permit.

Process for Terminating Coverage Under the MSGP

    Comment e: Several commenters expressed concern regarding the 
process for terminating coverage under the MSGP and ensuring due 
process for dischargers to contest such actions by EPA.
    Response e: EPA believes that the MSGP does ensure due process for 
dischargers. Part 9.12 of the MSGP provides that EPA may require an 
individual permit application from a discharger, or require the 
discharger to seek coverage under an alternate general permit. If an 
individual permit application were required, a draft permit would be 
prepared and a full opportunity would be provided to the discharger in 
accordance with 40 CFR Part 124 to comment on the draft permit and 
contest any final determination. Further, any alternate general permit 
would provide (in accordance with 40 CFR 122.28(b)(3)(iii)) that the 
discharger could seek coverage under an individual permit rather than 
the alternate general permit. Such a request would also be processed in 
accordance with the procedures at 40 CFR Part 124.
    Comment f: A number of commenters also asked whether a notice of 
violation of Part 3.3 of the MSGP for violations of State water quality 
standards would be in writing.
    Response f: Dischargers would be notified in writing by EPA of any 
violation of Part 3.3.

Permit as a Shield Concerns

    Comment g: Section 402(k) of the Clean Water Act shields permittees 
from the requirements of Part 3.3 of the MSGP to comply with water 
quality standards.
    Response g: EPA disagrees with the commenters on this matter. 
Section 402(k) provides that compliance with an NPDES permit is 
considered to be compliance, for purposes of section 309 and 505 
enforcement, with sections 301, 302, 306, 307 and 403 of the Clean 
Water Act. However, the violations which are envisioned by Part 3.3 of 
the MSGP would be violations of an NPDES permit itself, i.e., the water 
quality-based effluent limitations which are

[[Page 64781]]

incorporated into the MSGP by virtue of the narrative statement. 
Section 402(k) does not provide a shield for such violations.

Concerns about Applying State Water Quality Standards to Storm Water

    Comment h: Water quality standards cannot apply to storm water 
discharges since special wet weather standards have not been developed 
to address episodic events.
    Response h: EPA disagrees that State water quality standards cannot 
apply in the absence of special wet weather standards. Section 
402(p)(3)(A) of the Clean Water Act specifically requires that 
industrial storm water dischargers comply with State water quality 
standards. EPA has recognized, however, the difficulties in developing 
appropriate water quality-based effluent limitations for storm water 
discharges. In response to concerns such as those raised by the 
commenter, EPA has developed an ``Interim Permitting Policy for Water 
Quality-Based Effluent Limitations in Storm Water Permits' (61 FR 
43761, November 26, 1996). Where numeric water quality-based effluent 
limitations are infeasible (due for example to inadequate information 
on which to base the limitations), best management practices (BMPs) 
such as those in the SWPPP would serve as the water quality-based 
effluent limitations.
    Comment i: Clarify whether mixing zones would apply to the storm 
water discharges.
    Response i: Mixing zones would apply to the extent that State water 
quality standards provide for their use.

Required Actions if Violations of Standards Occur

    Comment j: A commenter was unclear concerning the modifications of 
the SWPPP that would be required by Part 3.3 of the MSGP if violations 
of State water quality standards occur.
    Response j: The SWPPP must be modified to include additional BMPs 
to the extent necessary to prevent future violations.
    Comment k: Clarify who would determine the additional control 
measures that would be required by Part 3.3 of the MSGP.
    Response k: The discharger would at least initially be responsible 
for determining the additional control measures. However, Part 4.10 of 
the MSGP also provides that EPA may require modifications of the SWPPP 
if it proves to be inadequate.

Can a Reasonable Potential Analysis Occur at Any Time During the Permit 
Term?

    Comment l: Part 3.3 of the MSGP should not require a reasonable 
potential analysis at any time during the term of the permit.
    Response l: The information to support a reasonable potential 
determination would be based on additional information that becomes 
available concerning a particular discharge (from monitoring results, 
for example). As such, the permit appropriately provides that a 
reasonable potential analysis (possibly leading to an individual permit 
or separate general permit) may be required at such a time.
    Comment m: Discharges of a pollutant which increase during the term 
of the permit should not be considered a permit violation.
    Response m: EPA disagrees with the commenter on this issue. The 
narrative statement in Part 3.3 of the MSGP requires that dischargers 
comply with all State water quality standards throughout the term of 
the permit. Dischargers must ensure that, if there are increases in the 
discharges of a particular pollutant, the increases are not sufficient 
to cause or contribute to exceedances of water quality standards.

Questions Regarding the Benchmark Concentrations

    Comment n: Part 3.3 of the proposed MSGP would undermine EPA's use 
of the benchmark values in the MSGP.
    Response n: EPA disagrees with the commenters in this regard. The 
benchmark values are concentrations which are used to evaluate whether 
a generally effective SWPPP is being implemented. The SWPPP is required 
to ensure compliance with the technology-based discharge requirements 
of the Clean Water Act. Exceedance of a benchmark value is not a permit 
violation. However, if a permittee complies with the benchmarks, the 
permittee is eligible for the monitoring waiver in year 4 of the term 
of the permit and this provides an incentive to implement an effective 
SWPPP. Part 3.3 of the MSGP is required to ensure compliance with the 
water quality-based requirements of the Clean Water Act, which are in 
addition to the technology-based requirements. Part 3.3 of the MSGP 
does not undermine the benchmarks. Part 3.3 is simply a separate 
requirement of the Clean Water Act which must be included in the permit 
in addition to the technology-based requirements.

General Comment on Water Quality Standards Requirements

    Comment o: One commenter lodged a general objection to Part 3.3 of 
the proposed MSGP, but did not elaborate on specific concerns.
    Response o: As discussed above, EPA believes that Part 3.3 is 
appropriate and necessary to ensure compliance with State water quality 
standards. As such, Part 3.3 was retained in the final MSGP.

Section 4.1  Storm Water Pollution Prevention Plan (SWPPP) Requirements

    Comment a: EPA should not measure progress solely on the number of 
BMPs applied.
    Response a: As stated, EPA's intention in requiring the 
comprehensive site compliance evaluation is to determine the 
effectiveness of BMPs in use at the site, and to assess compliance with 
the terms and conditions of the permit. Additional new BMPs are not 
prescribed as part of this requirement; the options to include BMPs to 
replace those which are not working appropriately, or to augment 
existing BMPs to ensure better performance, rests solely with the 
facility operator, based on the findings of the compliance evaluation.
    Comment b: Clarify the frequency of training required.
    Response b: Some industrial sectors covered by this permit are 
required to provide training at least once per year. In other sectors, 
it is left to the discretion of the operator. EPA's fact sheet 
recommends that facilities conduct employee training annually at a 
minimum, and acknowledges that, for some facilities, a more frequent 
training schedule may be appropriate to ensure that personnel at all 
levels of responsibility are informed of the components and goals of 
the site's SWPPP.
    Comment c: Clarify the term ``locally available.''
    Response c: EPA intends the term ``locally available'' to mean a 
facility office which need not actually be located on-site, but co-
located with other facility operations. It is not necessary for a 
permittee to maintain a local presence near an unstaffed site for the 
purposes of maintaining availability of the SWPPP.
    Comment d: Fourteen days is an unrealistic timeframe for modifying 
a SWPPP in response to a discharge of a reportable quantity of oil.
    Response d: EPA does not consider the requirement to revise the 
SWPPP within 14 days after a discharge of a reportable quantity of oil 
to be unrealistic. Changes to accommodate a

[[Page 64782]]

description of the release, date and circumstances of the release, as 
well as a description of the actions taken to address the problem and 
any necessary changes to the BMPs to prevent future releases are 
inherently necessary to prevent water quality degradation.
    Comment e: It is standard practice to keep a copy of their SWPPPs 
with their permit and, therefore, there is no objection to this 
requirement.
    Response e: EPA acknowledges that many industrial facilities 
already keep a copy of the storm water permit with their SWPPP, and the 
Agency is formalizing that practice as a requirement of the permit for 
all facilities.

Section 4.2  Contents of Plan

    Comment a: A commenter believed EPA was requiring velocity 
dissipation devices to minimize erosion due to flow velocity.
    Response a: EPA's intention is to require facilities to evaluate 
the need for velocity dissipation devices where it is necessary to 
minimize erosion due to flow velocity. Facilities should use their best 
judgment when considering if velocity dissipation devices are needed. 
The language in the permit has been clarified.
    Comment b: Specify a set of minimum management practices for 
coverage under the permit.
    Response b: Due to the variety of industries covered by the Multi-
Sector General Permit, there is no ``minimum'' list of best management 
practices that would suitably address the multiple situations found at 
different industrial sites. EPA considers it sufficient to outline 
minimum criteria that each facility operator must consider to minimize 
discharges from their property, and allow facility operators to 
identify and implement BMPs that are appropriate for their site.
    Comment c: Do not require the SWPPP to identify oil spills or leaks 
below reportable quantities. Only those sites that have not been 
cleaned up to appropriate levels should be included in the site 
description and shown on the site map.
    Comment d: EPA has not changed the basic intent of this permit 
requirement: a facility must keep a record of significant spills or 
leaks of both hazardous substances or oil and, for releases in excess 
of reportable quantities under 40 CFR Parts 117 or 302, revise its 
pollution prevention plan as necessary to prevent the reoccurrence of 
such releases. A spill or leak may not meet the threshold of a 
``reportable quantity'' but may still be sufficiently significant to 
cause water quality impairment, and therefore should be acknowledged 
and mitigated by the permittee. EPA does not intend that ``reportable 
quantity'' defines the minimum amount of a substance which should be 
appropriately managed. In regards to including previous spill and/or 
leak areas in the site map and associated descriptions, the Agency 
views the inclusion of all areas where spills have occurred over the 
last three years from the date of NOI submittal as important 
information which may be useful in assessing future risks.
    Comment d: The provision prohibiting discharge of ``solid 
materials'' is too broad and should be eliminated.
    Response d: EPA intends the reference to ``solid materials, 
including floating debris'' and ``Off-site tracking of raw, final, or 
waste materials or sediment, and the generation of dust'' as having the 
generally accepted plain language meanings, and that facility operators 
should use their best professional judgment in applying this 
requirement to their discharge. The reference is not necessarily meant 
to apply in particular to suspended soil. EPA has purposefully allowed 
for reasonable flexibility in allowing each facility to determine 
whether ``solid materials,'' ``floating debris'' and/or ``dust'' are a 
component of their storm water discharge. The Agency acknowledges that 
many areas have state or local ordinances prohibiting the off-site 
tracking and generation of dust; therefore, this requirement does not 
pose a hardship on facility operators. While not prohibiting the 
discharge of waters containing soils, the permit still requires that 
discharges must comply with state/local water quality standards.
    Comment e: The requirement for ``routine inspections'' and 
``records of inspections'' are too broad.
    Response e: EPA acknowledges that most industrial facilities 
conduct regular inspections of plant conditions. As discussed in Part 
4.2.7.1.5 of the permit, facility operators must explicitly outline in 
the SWPPP the frequency of regular inspections at their facility which 
will incorporate inspections of industrial activities or materials that 
are exposed to storm water. Records of these specific storm water 
inspections, along with records of any followup actions taken as a 
result of these inspections, must be kept with the SWPPP. This 
facility-specific schedule of periodic inspections is what EPA is 
referring to as ``routine facility inspections.''
    Comment f: An evaluation of groundwater impacts or concerns is 
beyond the scope of a stormwater pollution prevention plan.
    Response f: In some cases, groundwater beneath a facility may be 
hydrologically connected to surface waters. EPA's intent for including 
an evaluation of impacts to groundwater when considering appropriate 
BMPs is to ensure that facility operators are fully cognizant of the 
hydrology of their area, and have evaluated any appropriate BMPs in the 
event that such a situation exists for their property. If there are no 
possible impacts to groundwater, this fact should be acknowledged in 
the SWPPP.

Section 4.4  Non-Storm Water Discharges

    Comment a: Include swimming pool discharges as an allowable storm 
water discharge.
    Response a: EPA does not include swimming pool discharge as an 
allowable non-storm water discharge in the Multi-Sector General Permit, 
as this is a general permit to cover storm water discharges from 
industrial activity. The Agency is unclear as to how many industrial 
facilities have swimming pools that would necessitate this specific 
exemption. The inclusion of nonchlorinated swimming pool discharges as 
an allowable non-storm water discharge will be better suited to the 
upcoming EPA Small Multiple Separate Storm Sewer General Permit, which 
will be available by December 2002.
    Comment b: The permit should allow for case-by-case determinations 
for inclusion of de minimus non stormwater sources.
    Response b: By its very nature, a general permit is meant to cover 
many similar discharges from a variety of similar sources. Case-by-case 
determinations for de minimus non-stormwater discharges would be 
extremely time-intensive, and it is not possible to provide for such 
individual determinations in the context of a general permit. Specific 
examples of de minimus discharges were not provided by the commenter; 
therefore, the Agency is not inclined to include such a provision at 
this time.
    Comment c: Delete ``drinking fountain water:'' from Section 
1.2.2.2.3 and cite only ``potable water including water line 
flushings.''
    Response c: EPA agrees with the issues presented by the commenter, 
and that the term ``drinking fountain water,'' in itself, is imprecise. 
Both the draft MSGP fact sheet and permit specifically authorize 
potable water as an allowable non-storm water discharge. The

[[Page 64783]]

``drinking fountain water'' language has been deleted.

Section 4.7  Copy of Permit Requirements

    Comment: Recommend electronic website access in lieu of paper copy 
of permit.
    Response: The new requirement that a hard copy of the Multi-Sector 
General Permit be kept with a facility's Storm Water Pollution 
Prevention Plan is intended to ensure that the permit requirements are 
easily and readily available to all facility staff who are or may be 
responsible for implementing the provisions of the permit. Internet 
access may not be available to staff in all situations; therefore, for 
ease of reference, EPA is requiring that at least one copy of the 
permit be retained along with the SWPPP. The sections referring to 
EPA's acceptance of the electronic medium is contingent, in both cases 
cited by the commenter, upon the future viability of electronic 
submittal of NOIs and DMRs to the Agency.

Section 4.9  Timeline

    Comment a: The fact sheet and permit need to provide consistent 
timeframes for SWPPP revisions.
    Response a: The fact sheet and permit language were consistent on 
revising the SWPPP within 14 days of the site evaluation, but were 
somewhat confusing on how long the permittee had to implement the 
revisions. To clarify this time period, EPA has revised Part 4.9.3 of 
the permit to state: ``If existing BMPs need to be modified or if 
additional BMPs are necessary, implementation must be completed before 
the next anticipated storm event, or not more than 12 weeks after 
completion of the comprehensive site evaluation.''
    Comment b: Thirty days to correct deficiencies in the SWPPP 
following notification by the Director is insufficient.
    Response b: EPA intends for corrections to the Storm Water 
Pollution Prevention Plan to be accomplished in a timely manner, 
particularly when deficiencies are identified formally by the Director. 
The Agency feels that thirty days, as outlined in the existing permit 
language, is a reasonable amount of time for such changes to be made; 
if revisions are significant, the permittee may request, and the 
Director can provide, additional time for revisions to be accomplished.
    Comment c: Fourteen days to modify a SWPPP is insufficient.
    Response c: The Agency feels that revising the Storm Water 
Pollution Prevention Plan appropriately to address deficiencies within 
14 days is a reasonable timeframe in which to address changes 
administratively; additional time is provided to actually put those 
revisions into place.
    Comment d: The SWPPP must be completed and in place prior to 
issuance of the permit.
    Response d: Part 4.1 of the permit states that a SWPPP must be 
prepared for the facility before submitting a Notice of Intent for 
permit coverage. EPA's issuance of the MSGP-2000 does not automatically 
confer coverage to permittees; therefore, EPA feels the requirement 
that a site-specific SWPPP be in place for the facility operations 
prior to seeking coverage by way of the submittal of a NOI is 
sufficient to prevent environmental degradation.

Section 4.12  Additional Requirement: EPCRA Section 313 Reporting

    Comment: Many commenters supported removal of EPCRA Section 313 
reporting requirements from the permit. Two commenters objected to 
identifying areas with pollutants that must be reported under EPCRA 
Section 313 and to develop appropriate storm water controls for these 
areas.
    Response: EPA acknowledges the general support for revisions to 
this section. The intent of these modifications is to eliminate the 
redundant requirements of the existing MSGP for permittees subject to 
reporting requirements under Section 313 of EPCRA, which includes the 
20+ categories of Toxic Release Inventory chemicals. The Agency 
believes that the MSGP-2000 places no additional burden on facility 
operators with TRI chemicals. Identification of EPCRA 313 chemicals in 
the SWPPP acknowledges that these chemicals are pollutants of concern. 
Facilities with any of these pollutants need to develop appropriate 
storm water controls to contain them. As noted in the fact sheet, EPA 
believes these concerns have been addressed through existing state and 
federal requirements which can be referenced in the SWPPP.

Section 4.13  Public Availability for Review

    Comment a: The public should be able to obtain access to and 
comment upon a SWPPP and ``no exposure'' claim before they are 
finalized.
    Response a: EPA has, in response to this comment, included a 
provision in the final permit requiring facility operators to make a 
hard copy of their SWPPP available to the public when requested in 
writing. EPA believes this requirement is an acceptable compromise 
between the facility operator's concerns about having members of the 
public at their site and the need of the public to understand potential 
impacts on their environment. EPA does not receive SWPPPs routinely, 
and, therefore, cannot make them available at its offices or provide 
them to local government offices. As with the previous MSGP, members of 
the public have the option of contacting the NOI Center or the Regional 
EPA Storm Water Coordinators directly to inquire about a facility's 
permit status.
    EPA does not intend to require public comment on SWPPPs, nor 
require public hearings, because SWPPPs are intended to be modified as 
necessary to address changes at the facility or when periodic 
inspections indicate that a portion of the SWPPP is proving to be 
ineffective. Requirements for public comment and public hearings would 
delay needed modifications to, not to mention development of, the 
SWPPP, be burdensome and serve as disincentives to plan updates.
    At any time the Agency can conclude that a facility is no longer 
eligible for coverage under a general permit and require the facility 
to apply for a general permit. In that event, there would be 
significant opportunity for public input in the decision-making 
process.
    Comment b: The following should be available in paper copy and on 
the web: NOI, SWPPP, and ``no exposure'' certification.
    Response b: EPA has found that having a central location for 
processing NOIs is an efficient and effective way of managing the 
tremendous amount of data which the Storm Water program generates. Very 
shortly, members of the public will be able to access information from 
the NOI database online. The NOI database contains facility 
information, including the type of industrial activity taking place, 
facility contact information, and receiving water body information. 
Also available online will be information on facilities that have 
submitted ``no exposure certifications.'' Regarding SWPPPs, EPA does 
not receive them routinely and, therefore, cannot make them available 
on-line. EPA has, in response to this comment, included a provision in 
the final permit requiring facility operators to make a hard copy of 
their SWPPP available to the public when requested in writing. EPA 
believes this requirement is an acceptable compromise between the 
facility operator's concerns about having members of the public at 
their site and the need of the public to understand potential impacts 
on their environment.

[[Page 64784]]

Section 5.1  Types of Monitoring Requirements and Limitations

    Comment a: A commenter requested language clarification for the 
first paragraph under Part 5.1, Quarterly Visual Monitoring.
    Response a: Quarterly visual monitoring is required for all 
permittees covered under the MSGP. The visual inspection must cover all 
outfalls at the facility from which there are storm water discharges 
associated with industrial activity.
    Comment b: A commenter indicated that Part 5.1.1.4 was clear 
regarding the visual monitoring waiver for inactive and unstaffed 
sites. However, it was unclear if a similar waiver for benchmark 
monitoring applies to inactive and unstaffed sites.
    Response b: EPA has clarified in Part 5 that a permittee may 
exercise a waiver for benchmark monitoring at unstaffed and inactive 
sites.

Section 5.3  General Monitoring Waivers

    Comment a: Commenters supported the adverse sampling condition 
waiver, as long as the permittee doubles sampling during the next event 
or eliminates the substitute sampling requirement for areas with 
extended frozen conditions.
    Response a: EPA has decided to keep this temporary waiver, since 
the main purpose of this specific waiver is to allow the permittees the 
opportunity to take samples under no adverse nor threatening weather 
conditions.
    Comment b: Allow permittees to waive benchmark monitoring in years 
2 and 4 of the MSGP-2000 with the result of the 1995-MSGP; waive 
difficult logistical conditions or location access similar to those for 
unstaffed/inactive facilities; and impractical sample collection at 
large facilities.
    Response b: Under Section 402 of the CWA, EPA is required to issue 
permits which apply and ensure compliance with any applicable 
requirements of sections 301, 302, 306, 307, and 403. Since these 
permits are issued with fixed terms not exceeding five (5) years, EPA 
needs to ensure that permittees continue to comply with applicable 
requirements. EPA believes that benchmark monitoring is not overly 
burdensome and provides useful information to the permittee and the 
Agency. Therefore, EPA will require permittees covered under the 
reissued MSGP to ensure continued compliance with permit conditions and 
requirements. In addition, EPA has determined that the general 
monitoring waivers provided in the previous permit are adequate, and 
that additional waivers are not needed. With regard to problems 
facilities encounter when monitoring their storm water discharges, such 
as difficult logistical conditions, access to discharge locations or 
impractical sample collection at large facilities, EPA recommends 
permittees review the ``NPDES Storm Water Sampling Guidance Document'' 
which suggest solutions to these sampling problems.

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

    Comment a: Separate the concrete pipe manufacturing from the 
cement, ready mixed and concrete block manufacturing sector.
    Response a: Based on the characterization of the concrete pipe 
manufacturing industry and the cement, ready mixed and concrete block 
manufacturing industry, EPA has determined that the two industries are 
similar and, thus, has retained the industrial sectors as described in 
the 1995 permit.
    Comment b: Section 6.E.3.1 of the draft permit was not reflective 
of the September 30, 1998 modification.
    Response b: The commenter is correct. The final permit has been 
changed to reflect the September 30, 1998 modification which removed 
the limitations of coverage for various industries. Paragraph 6.E.3 has 
been removed and the remaining paragraphs have been renumbered 
accordingly.

Section 6.F  Sector F--Primary Metals

    Comment a: Do not propose any new BMPs for the steel industry in 
the MSGP-2000.
    Response a: Similarly to the 1995 MSGP, the MSGP-2000 prefers the 
implementation of structural and non-structural BMPs for stormwater 
management from Primary Metals facilities. It is up to the individual 
operators to decide which BMPs most effectively meet their needs. This 
does not preclude the use of additional or new technologies should they 
be found to be more effective in any given application.
    Comment b: The BMPs provided at Parts 6.F.3.2 and 6.F.3.3 omit the 
most obvious qualifier, which is that inventories of exposed material 
and housekeeping should be mandated by the MSGP only where the exposed 
materials have a potential to contact storm water that is discharged 
from a point source to a water of the United States. In many cases, the 
types of materials and activities discussed in the above referenced 
parts occur in areas where precipitation is collected and contained, 
and is not discharged. Thus, site inventories and BAT practices 
discussed in these parts are not relevant except in areas where they 
affect storm water discharges authorized by the MSGP. Parts 6.F.3.2 and 
6.F.3.3 should be clarified (similarly to Part 6.F.3.1) with a 
statement that these activities are required only in areas where such 
activities could result in a discharge of pollutants to waters of the 
United States.
    Response b: One of the underlying premises of the MSGP is that if 
there is a potential for contact between storm water and environmental 
contaminants, then the facility should apply for coverage under the 
MSGP. If there is no potential for contact, the facility may be able to 
submit a ``no exposure'' certification form, and not be required to 
obtain permit coverage. Where there is a potential for contact between 
storm water and industrial activities and/or materials, then the 
operator needs to obtain permit coverage and take appropriate measures 
to mitigate the discharge of pollutants.
    Comment c: Part 6.F.3.4 includes a requirement for inspections 
performed under the 2000-MSGP to, among other things, evaluate air 
pollution control equipment. This activity does not belong under the 
MSGP. It is a Clean Air Act requirement and an activity performed under 
each facility's Clean Air Act permit. Such inspections under the MSGP 
are redundant, inappropriate and extend EPA's CWA authority into the 
CAA. Inspections of air pollution control equipment should not be a 
component of any SWPPP or compliance certification under the CWA.
    Response c: EPA understands why inspection requirements which 
routinely fall under the purview of one environmental program (in this 
case the Air Program) would appear inappropriate under another 
environmental program (in this case the Water Program). However, if one 
looks at the potential sources of pollution at primary metals 
facilities, one will soon discover that one of the principal sources of 
contamination is from the air pollution control devices. The purpose of 
the storm water regulations is to keep storm water from coming into 
contact with any contaminants, regardless of the environmental media 
from which it arose. If inspections are routinely conducted at a 
facility pursuant to one environmental statute, that same inspection 
will generally be accepted by another program. For example, if the 
facility routinely inspects its air pollution control devices as a 
requirement of its CAA permit, that

[[Page 64785]]

same inspection, with the possibility of a few additional observations, 
e.g., to see if there is any evidence of run off, should also be 
accepted as part of the SWPPP. The SWPPP can cross reference inspection 
protocols for the CAA permit. Thus, EPA does not agree with the 
commenter that these requirements are either redundant, inappropriate 
or extend EPA authority.

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

    Comment a: Include Table G-4, published in the August 7, 1998 
modifications, in MSGP-2000. Also, table titles in this section are 
confusing since they appear to imply that effluent guideline 
limitations apply to waste rock and overburden piles.
    Response a: We have included the revised table G-4 from the August 
7, 1998 modification in the fact sheet for today's permit. The titles 
of tables G-1 and G-2 are consistent with the titles in the other 
sectors of the final permit. All monitoring tables in Part 6 of the 
permit are titled ``SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK 
MONITORING.'' The Agency doesn't not believe that this title is 
misleading because each table contains a column labeled ``Numeric 
Limitation'' which either contains a numerical value or is blank. For 
those Sectors where there are no values listed in the numeric 
limitation column it is clear that numeric limitations do not apply. 
EPA recognizes that benchmark concentrations are not effluent 
limitations and is provided specific language in the permit to that 
effect.
    Comment b: The commenter opposes EPA's disallowance of sampling 
waivers from monitoring requirements for waste rock and overburden 
piles. Another commenter argued that another waiver based on ``not 
present or no exposure'' had also been deleted. A third commenter noted 
that monitoring requirements were also inconsistent with the 1998 
permit modifications.
    Response b: The restriction on sampling waivers was not intended to 
exclude the ``Adverse Climatic Conditions Waiver'' in Part 5.3.1 of the 
permit. The final permit has been revised to correct this error. Also, 
Part 6.G.7.2 has been modified to reflect that the monitoring 
requirements only apply to discharges from active ore mining and 
dressing facilities and that these requirements remain unchanged from 
the 1998 permit modification. The second waiver in Part 5.3 which is 
based on ``not present or no exposure'' was not part of the August 1998 
notice, and was not intended for sector G facilities.
    Comment c: The limitation on coverage for adit drainage and 
contaminated springs or seeps should be modified to exclude only those 
that do not result from precipitation events. The proposed 
Certification of Discharge language is confusing since it implies an 
obligation for testing or evaluation of mining-related discharges that 
are composed entirely of non-storm water covered by an NPDES permit.
    Response c: Adit drainage and contaminated springs and seeps are 
discharges that originate below the surface of the ground. Often they 
discharge during dry periods and, while in some instances these flows 
may increase in response to a storm event, they may continue to flow 
well after the precipitation has ended. Therefore, EPA has determined 
that the restriction (i.e.,  prohibition) for MSGP coverage of 
discharges from adit drainage, contaminated springs and seeps should 
remain as proposed.
    The ``Certification of Discharge Testing'' language has been 
modified to clarify that certification must be provided to show that 
any mining-related discharge has been ``tested or evaluated for the 
presence of non-storm water discharges.'' Additional wording has been 
added to Part 6.G.6.1.6.6 to make it consistent with the language in 
the 1995 MSGP.
    Comment d: Provide guidance in Section 6.G.6.1.6.6 on what type of 
test should be performed.
    Response d: The language has been modified to allow for a 
certification based on ``tested or evaluated'' information. Additional 
wording has been added to Part 6.G.6.1.6.6 to make it consistent with 
the language in the 1995 MSGP.
    Comment e: The definition of ``reclamation phase'' is inconsistent 
with most state programs.
    Response e: The definition of the three general phases of mining 
was taken from the fact sheet to the 1995 MSGP. The intent was to 
recognize that ``mining'' is comprised of several distinct activities, 
not to set a standard for each phase. EPA acknowledges that reclamation 
requirements are typically set by state programs, and therefore the 
permit language defining the reclamation phase has been modified to 
reflect other post-mining land uses.
    Comment f: In reformatting the permit language, EPA introduced new 
requirements which are inconsistent with the settlement EPA reached 
with NMA in 1998.
    Response f: The draft MSGP-2000 intended to incorporate all the 
requirements from the 1998 notice resulting from the settlement with 
NMA. However, in making the changes and converting to a more 
``readable'' format some unintended errors occurred. The revisions to 
the monitoring requirements have been made so the final permit language 
is consistent with the 1998 Federal Register publication (63 FR 42534, 
Aug 7, 1998).
    Comment g: Delete the phrase ``directly or indirectly'' from 
coverage of ``storm water discharges that have come into contact 
(directly or indirectly) with any overburden, raw material, 
intermediate product* * *'' since it is inconsistent with prior 
versions of the permit.
    Response g: The storm water regulations (Section 
122.25(b)(14)(iii)) require permit coverage for ``facilities that 
discharge storm water contaminated by contact with or that has come 
into contact with, any overburden, raw material, intermediate products* 
* *'' When revisions were made to the draft MSGP 2000 language to make 
the permit more ``readable,'' some of the words were changed. In order 
to be consistent with the storm water regulations, the permit language 
has been revised. The words ``come into contact (directly or 
indirectly)'' have been deleted and replaced with ``contaminated by 
contact or that has come into contact.''
    Comment h: EPA was incorrect in stating that all facilities 
permitted in this sector are ``no discharge'' facilities.
    Response h: The monitoring discussion in the Fact Sheet to the 
permit is a summary of the data available at the time the draft permit 
was published for public comment. The main focus of the summary was on 
data from the second year of permit coverage. Of those sector G 
facilities that submitted information in year 2 of the permit none of 
them reported a discharge. The 1998 MSGP modification which reflected 
the settlement with NMA and added monitoring requirements for sector G 
was much later in the permit term. The final fact sheet language has 
been changed to recognize the later data and discharge status of sector 
G facilities covered by the permit.
    Comment i: Water technically qualifying as mine drainage but which 
meets all applicable surface water quality standards should be approved 
for use in lieu of fresh water for dust control on roads at mine sites.
    Response i: The quality of the mine drainage can change from source 
to source and over time within the same mine. The MSGP would need to 
specify a process (e.g., monitoring frequency) to ensure that the 
quality of the mine

[[Page 64786]]

drainage is protective of water quality. This type of facility specific 
considerations and potential monitoring requirements would be better 
addressed under an individual permit issued to the facility.

Sections 6.G and 6.J  Construction Requirements for Sector G--Metal 
Mining and Sector J--Mineral Mining

    Comment a: Commenters questioned why EPA was requiring coverage 
under a construction general permit for earth disturbing activities 
during the ``exploration and construction phase'' of a mining 
operation.
    Response a: This requirement was originally contained in the 1995 
MSGP Fact Sheet for Sector J (it was inadvertently not duplicated in 
the metal and coal mining [Sector G] sectors). It therefore represents 
a clarification or technical correction to the original MSGP. To 
clarify the applicability of the MSGP regarding construction activity 
at metal mining sites and to make metal mining requirements consistent 
with mineral mining provisions (Sector J), Sector G has been modified 
to indicate that earth-disturbing activities occurring in the 
``exploration and construction phase'' of a mining operation must be 
covered under EPA's Construction General Permit (63 FR 7858, February 
17, 1998) or under an individual permit if the area disturbed is one 
acre or more. Earth-disturbing activities during exploration/
construction affecting less than one acre must be covered under the 
MSGP-2000. If permittees then opt to actively mine the site they are 
required to transition to the MSGP-2000 (they should terminate their 
coverage under the CGP, but there is no requirement to do so). This 
procedure removes commenters' ``dual-permit requirement'' fear. Once in 
the active phase, any subsequent mine enlargement would be covered 
under the MSGP-2000. All phases of a mining operation must be covered 
which includes the ``reclamation phase.'' EPA believes the appropriate 
level of environmental protection for initial land-disturbing mining 
activities is a construction permit. SWPPP requirements under a 
construction permit are more effective for the often temporary 
conditions found during the initial phase versus that which would be 
appropriate for a more permanent mining operation. Many of the BMPs and 
other SWPPP requirements of the Construction General Permit could be 
incorporated in the MSGP-2000 SWPPP, thereby minimizing any duplicative 
efforts.
    Comment b: For Sector J for Region 9, the proposed MSGP only 
authorized mine dewatering discharges from crushed stone, construction 
sand and gravel, and industrial sand mines in Arizona. For Regions 1, 
2, 6, and 10, coverage was proposed throughout the areas of these 
regions covered by the MSGP. Expressions of interest in MSGP coverage 
for these discharges have been received for other areas, such as Indian 
country in Nevada and California.
    Response b: For consistency with the other regions, coverage for 
the discharges has been extended throughout the areas of Regions 3, 8 
and 9 covered by the permit, provided the dischargers meet all other 
permit eligibility requirements.

Section 6.I  Sector I--Oil and Gas Extraction

    Comment: One commenter expressed concern that while refineries were 
covered under Sector I--Oil and Gas Extraction, refining was not 
usually considered ``oil and gas extraction'' and the title of Sector I 
could thus cause refinery operators to overlook permit conditions that 
could apply to them.
    Response: EPA welcomes this suggestion to make the permit easier to 
use and the title for Sector I has been changed to ``Oil and Gas 
Extraction and Refining'' in Table 1-1 and in Part 6.I. Note however, 
that any storm water at a refinery that is subject to storm water 
effluent limitation guidelines at 40 CFR 419 is not eligible for permit 
coverage.

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

    Comment: One commenter requested that the provisions of part 
6.R.4.3.1. be clarified to note that pressure washing to remove paint 
would require a separate NPDES permit.
    Response: EPA agrees that if pressure washing occurs to remove 
paint, the discharge of that wash water would require separate NPDES 
permit coverage. EPA also intends for the discharge of wash waters 
removing marine growth to be permitted separately. The source of the 
discharge is not storm water and, as a general rule, the MSGP only 
authorizes the discharge of storm water. The non-storm water discharges 
that are authorized by the MSGP are a specific list found in Part 
1.2.2.2. of the permit and the list does not include pressure wash 
waters.

Section 6.S  Sector S--Air Transportation

    Comment: Commenters had concerns regarding the execution of site 
compliance evaluations and inspections of deicing areas. They also 
requested EPA to limit the inspection obligation to once per month 
during periods of deicing operations.
    Response: The MSGP-2000 has been clarified to state that compliance 
evaluations shall be conducted during a period when deicing activities 
are likely to occur (vs. a month when deicing activities would be 
atypical or during an extended heat wave), not necessarily during an 
actual storm or when intense deicing activities are occurring. This 
requirement is not seen as onerous, as EPA believes that most weather 
conditions can be reasonably anticipated and the evaluation can be 
planned for. EPA generally agrees that regularly scheduled, monthly 
inspections of deicing areas during the deicing season (e.g., October 
through April) are sufficient at airports with highly effective, 
rigorously implemented SWPPPs. However, if unusually large amounts of 
deicing fluids are being applied, spilled or discharged, weekly 
inspections should be conducted and the Director may specifically 
require such weekly inspections. In addition, personnel who participate 
in deicing activities or work in these areas should, as the need 
arises, inform the monthly inspectors of any conditions or incidents 
constituting an environmental threat, especially those needing 
immediate attention. EPA requires permittees to record, to the best of 
their ability, the quantity of all deicing chemicals applied on a 
monthly basis (not just glycols and urea, e.g., potassium acetate), as 
discharges of large quantities of these chemicals can have an adverse 
impact on receiving waters. The capability to record usage of chemicals 
should not depend on the type of chemical used. EPA never intended to 
provide a comprehensive list of technologies and BMP options for 
airport operators to consider, nor to provide a discussion of the 
relative merits of each. EPA's discussion was simply an introduction of 
the many options available and was intended to stimulate thought on the 
variety of BMPs available. EPA intends that storm water personnel use 
their best professional judgment to select site-appropriate measures 
for inclusion in their SWPPPs. For a more thorough source of 
information on deicing fluid control and airport deicing operations in 
general, stakeholders can check the EPA publication ``Preliminary Data 
Summary, Airport Deicing Operations'' at http://www.epa.gov/ost/guide/airport/index.html.

Section 6.T  Sector T--Treatment Works

    Comment: Clarify that treatment works smaller than 1.0 MGD are not

[[Page 64787]]

defined as industrial activities and, therefore, are not subject to the 
permit.
    Response: The final permit language has been modified to be 
consistent with the industrial definition of Sec. 122.26(b)(14)(ix). 
The requirements of Sector T are intended to apply only to those 
treatment works with a design flow of 1.0 MGD or more, or required to 
have an approved pretreatment program.

Section 8 Retention of Records

    Comment: Clarify the Retention of Records language.
    Response: EPA has clarified the Retention of Records language used 
in this permit. Part 8.1 states that the permittee will retain, for 
three (3) years after the permit expires or is terminated, the SWPPP 
and all documents/reports needed to complete their Notice of Intent 
form. In addition, Part 9.16.2.1 addresses the retention of records for 
the permit monitoring requirements for three (3) years from the date of 
sample, measurement, evaluation or inspection, or report. Permittees 
are required to submit Discharge Monitoring Reports for compliance and/
or analytical monitoring.

Section 9 Standard Permit Conditions

    Comment a: Several comments were received on Part 9.12.1 for 
requiring coverage under an individual permit or an alternative general 
permit. Commenters suggest that the permittee be allowed to appeal a 
Director's decision; provide for determination of non eligibility and 
semblance of surety available by a permittee who demonstrates 
eligibility and compliance with the MSGP; and authorize automatic 
transfer provided all storm water permitting conditions and obligations 
are met.
    Response a: EPA may modify, revoke and reissue, or terminate a 
permit during its term. Causes for modification, revocation and 
reissuance, and termination are set forth in 40 CFR Sec. 122.62 and 
122.64. Specific causes may include: noncompliance by the permittee 
with any condition of the permit; failure in the application or during 
the permit issuance process to disclose fully all relevant facts; 
determination that the permitted discharge endangers human health or 
the environment and can only be regulated to acceptable levels by 
permit modification or termination; or there is a change in any 
condition that requires either a temporary or a permanent reduction or 
elimination of any discharges controlled by the permit. In addition, 
EPA recently published a final rule which revises certain regulations 
pertaining to the NPDES program, including the procedures for appealing 
an EPA determination on NPDES permits. See Amendments to Streamline the 
National Pollutant Discharge Elimination System Program Regulations; 
Round II, 65 Fed. Reg. 30886 (May 15, 2000). Included in the rule are 
revisions to the permit appeals process that replace evidentiary 
hearing procedures with direct appeal to the Environmental Appeals 
Board (EAB). The website for the EAB is ``http://www.epa.gov/eab/''. 
The webpage has a frequently asked question section, ``http://
www.epa.gov/eab/eabfaq.htm''. Questions 1 through 9 deal with filing 
issues, which the commenter can refer to for instructions on how to 
proceed in filing an appeal with EAB. EPA does not allow automatic 
transfer from individual permits into other individual or general 
permits since EPA needs to maintain adequate records of permittees and 
make periodic evaluations of the adequacy of their measures to comply 
with permit requirements.
    Comment b: EPA should extend coverage to facilities wishing to 
apply after the expiration date of the MSGP until the permit is 
reissued.
    Response b: Where EPA fails to reissue a permit prior to the 
expiration of a previous permit, EPA has the authority to 
administratively extend the permit for facilities already covered. 
However, EPA does not have the authority to provide coverage to ``new'' 
facilities seeking coverage under an expired permit. This concern is 
not applicable in this instance to the MSGP since the MSGP-2000 was 
issued before the MSGP-1995 expired.

Section 13  Permit Conditions Applicable to Specific States, Indian 
Country Lands

    Comment: The Agency should not require compliance with provisions 
of state rules that it cannot specifically identify. For example, EPA 
requires compliance with state anti-degradation provisions. The Agency 
provides no assistance with regard to how a small business might 
somehow ascertain what those provisions are, who has them, and how they 
might apply to the facility's discharge. See 65 Fed. Reg. at 17021. The 
Agency must specify precisely how a company would obtain appropriate 
data and how it should apply that data to its operations. Without this 
necessary guidance, this new provision should be removed from the final 
permit.
    Response: The permit states that discharges are not covered if they 
violate, or contribute to the violation of, a state water quality 
standard. An anti-degradation policy is one component of a state's 
water quality standards program. The permittee is responsible for 
checking to ensure compliance with these provisions. Facility operators 
can check with the EPA official listed in this permit to obtain the 
name of the appropriate state contact.

Section I.A  General Opposition to Proposed Changes

    Comment: A commenter objected to several of the proposed 
modifications to the ``Limitations on Coverage'' provisions in the 
Proposed MSGP-2000, including the proposed revisions to the Endangered 
Species Act requirements (Section 1.2.3.6), the addition of the 
antidegradation provision (Section 1.2.3.9), the addition of the 
impaired waters and TMDL provisions (Section 1.2.3.8), and the addition 
of the compliance with water quality standards provisions in Section 
3.3.
    Response: The Agency acknowledges the comment. Justifications for 
each of the positions cited by the commenter are provided in the fact 
sheet accompanying the permit. Specific objections to these provisions 
are addressed elsewhere in the comment response document.

Section I.B  General Support to Proposed Changes

    Comment a: Several commenters supported EPA's continued use of a 
general NPDES permit for regulating storm water discharges associated 
with industrial activity. The commenters indicated that this was an 
efficient and effective means for achieving the goals of the Clean 
Water Act.
    Response a: EPA agrees with the commenters regarding the 
appropriateness of general permits for the majority of industrial storm 
water discharges. The issuance of the final MSGP is consistent with 
these comments.
    Comment b: A commenter supported the proposal to authorize 
incidental windblown mist discharges from cooling towers as an 
authorized non-storm water discharge under the MSGP.
    Response b: These discharges are included in the final MSGP 
consistent with the recommendation of the commenter.
    Comment c: A commenter supported the provision in the proposed MSGP 
to allow termination of permit coverage based on the ``no exposure 
exemption'' (40 CFR 122.26(g)) provided under EPA's Phase II storm 
water regulations of December 8, 1999 (64 Fed. Reg. 68722).
    Response c: Although the no exposure exemption would be available 
whether or not it is specifically included in the

[[Page 64788]]

MSGP, EPA has retained the provision in the final MSGP to highlight its 
availability for those facilities which qualify.

Section I.C  Fact Sheet

    Comment a: It is imperative that EPA conduct an environmental 
justice analysis for the MSGP to ensure that the permit is consistent 
with the goals of EPA's Environmental Justice Strategy of April 3, 
1995, the President's 1994 Executive Order on Environmental Justice and 
Title VI of the Civil Rights Act. The notice of intent (NOI) must 
include demographic information. EPA must seek comments of minority and 
low-income communities regarding the MSGP.
    Response a: EPA disagrees with the commenter that an environmental 
justice analysis is necessary prior to the reissuance of the MSGP. 
Regarding Title VI requirements, EPA has recently proposed guidance (65 
Fed. Reg. 39649, June 27, 2000) for assisting recipients of Federal 
funding which administer environmental programs (such as state 
environmental agencies), as well as guidance for investigating alleged 
disparate environmental impacts stemming from permitting programs 
administered by these agencies. The guidance is also appropriate for 
EPA permits, such as the MSGP.
    The Title VI guidance encourages permitting authorities to 
integrate environmental justice into their permitting programs. 
However, an environmental justice analysis is not required for every 
permit issued by a state permitting authority or by EPA. No information 
was provided by the commenter that a disparate impact on minorities 
would exist as a result of the MSGP. The MSGP includes numerous 
effluent limitations and other conditions which should be protective of 
water quality for all neighborhoods in which permitted facilities are 
present. EPA does intend to integrate environmental justice 
considerations explicitly into its permitting programs as outlined in 
the Title VI guidance. However, this will likely be a longer term 
process (extending beyond the time frame for reissuance of the MSGP) 
given the many complexities of the issue.
    EPA's Environmental Justice Strategy of April 3, 1995 (developed 
pursuant to the President's 1994 Executive Order) has similar goals as 
Title VI of the Civil Rights Act. Again, however, an environmental 
justice analysis is not required for every permit issuance. The 
integration of the goals of the Environmental Justice Strategy into the 
NPDES permit program will also take time given the many complexities of 
the environmental justice issue.
    EPA is committed to implementing the Executive Order on 
Environmental Justice. As a practical matter, environmental justice 
concerns are community specific. EPA will work with a specific 
community that may express concerns related to a specific source or 
other environmental burdens. If and when a community raises such 
issues, EPA can then consider a proper course of action. In the case of 
the MSGP which will largely permit existing facilities, EPA will engage 
the community that has raised the issue and, if appropriate, work with 
the State and local agencies to address their concerns. If violations 
of any applicable standards are identified, EPA can pursue possible 
enforcement actions. The MSGP also provides that an alternate general 
permit could be issued for any geographic area which may be identified 
in the future as subject to disparate environmental impacts.
    EPA has public noticed its intent to reissue the MSGP and has 
requested comments throughout the areas potentially affected by the 
permit, including areas where minority and low-income communities are 
present. EPA believes that its outreach activities have been sufficient 
for the permitting action which was proposed. However, EPA's 
Environmental Justice Strategy also provides for additional outreach 
activities in the future which may include outreach to minority and 
low-income communities specifically regarding the MSGP.
    EPA disagrees that demographic information should be required with 
the NOI. The NOI does include location information for industrial 
facilities seeking coverage under the permit. Using this information it 
is possible to locate facilities covered by the permit relative to the 
locations of different demographic groups. As such, it is not necessary 
for the NOI to include demographic information.
    Comment b: A commenter expressed concern that some non-storm water 
discharges may be improperly characterized as storm water by certain 
facilities. The commenter recommended that EPA carefully review permit 
applications and conduct inspections to ensure that such discharges are 
treated as point source discharges and not covered by the MSGP.
    Response b: Point source discharges would violate the Clean Water 
Act unless they are authorized by a separate NPDES permit. The MSGP 
also requires that operators review their facilities for the presence 
of unpermitted non-storm water discharges which are not authorized by 
the MSGP. When such discharges are located, the MSGP requires that the 
discharges be permitted or terminated. This requirement should minimize 
the possibility that inappropriate non-storm water discharges are 
discharged under the MSGP. As recommended by the commenter, EPA does 
conduct periodic inspections of facilities permitted under the NPDES 
permit program to evaluate the compliance status of a facility with the 
requirements of the Clean Water Act, including the presence of any 
unpermitted discharges. Although the permit application for the MSGP 
(the notice of intent) does not specifically address the issue of non-
storm water discharges, EPA believes that the other requirements of the 
MSGP, along with EPA's inspection program, adequately address the 
commenter's concern.

Section II.A  Organization and Clarity

    Comment a: Virtually all commenters supported EPA's effort to make 
the MSGP smaller and easier to understand. Several comments did express 
concern that the reorganization and clarification of the permit may 
have resulted in some substantial changes in permit requirements that 
may not have been identified and explained in the preamble to the 
proposed permit. The issue of whether or not explanation and guidance 
contained in the 1995 MSGP preamble could still be relied upon was also 
raised.
    Response a: EPA went to great lengths to make the permit shorter 
and easier to understand and believes all substantive changes were 
identified and discussed in the preamble to the proposed permit. 
Responses to specific comments on areas where a commenter felt that 
adequate explanation for changes was not included in the proposal are 
provided in responses to that comment. With regard to the more specific 
explanation of sector-specific activities, etc. in the preamble to the 
1995 MSGP, this information was incorporated by reference into the 
proposal of today's permit and may still be relied upon to the extent 
it does not conflict with the MSGP-2000 documents or is superceded by 
later guidance. Commenters noted several instances where EPA 
unintentionally changed requirements through the reformatting. EPA has 
corrected the permit and identified these instances throughout the 
comment response document.
    Comment b: Based on EPA's use of incorporation by reference in the 
proposed permit's preamble to avoid reprinting material from the 1995 
MSGP's preamble, one commenter expressed concern that the requirement

[[Page 64789]]

in Part 4.7 to have a copy of the final permit with the Storm Water 
Pollution Prevention Plan would be difficult if the entire permit was 
not in a single package. This commenter also was concerned that 
references to multiple Internet sites for more information would 
further compound this problem. The commenter further suggested that a 
copy of the permit and relevant guidance be included with the NOI 
``confirmation'' letter sent by EPA in response to a complete NOI. 
Another commenter supported making all relevant information available 
in a single document.
    Response b: The entire permit, appropriate addendums, the preamble 
``fact sheet,'' and comment response summary are being published today 
in the Federal Register and will, therefore, be easily available from 
several Internet sites and from Federal Depository Libraries. The 
information not repeated in the proposed permit notice was primarily 
background and fact sheet information from the preamble to the 1995 
MSGP. While the preamble and response to comments sections of the final 
permit notice will undoubtedly be valuable to many permittees, the Part 
4.7 requirement to have a copy of the permit language with the Storm 
Water Pollution Prevention Plan refers only to the permit language 
itself, including addendums. Based on experience with the previous 
permit, EPA believes the benefits of keeping the size and complexity of 
the permit to manageable (i.e., less intimidating, easier to use) level 
far outweigh the benefit of making all supporting and guidance 
information, much of which will apply to only a small portion of 
potential permittees, available in a single document. EPA does expect 
that for convenience, many permittees will simply attach a copy of the 
entire Federal Register notice of the final permit to comply with Part 
4.7.
    EPA believes the references throughout the permit and preamble to 
various Internet sites is a sensible alternative to publishing 
information, only a small part of which may apply to any one facility 
or which will be changing over time and quickly become outdated. For 
example, due to periodic updates that must be made to the endangered 
species list based on new species being listed or old ones delisted, 
the county-species list was not published with the final permit. This 
omission saves tax dollars on publication, keeps the size of the permit 
package down (the current list would double the size of the permit 
while any one facility only needs to look at a page or so of 
information), and avoids the inadvertent use of an outdated species 
list that could result not only in failure to consider potential 
adverse effects on an endangered species, but also negate a 
discharger's permit coverage. EPA relies heavily on electronic 
distribution of documents and guidance, but will be able to provide 
hard copy or telephone-based information to those who have no access to 
the Internet or Federal Depository Libraries.
    As noted above, the complete permit has been printed and EPA 
intends to make guidance available, primarily through the Internet. The 
suggestion to include a copy of the permit and guidance with the NOI 
``confirmation'' letter is impractical since most of this information 
would have been necessary to develop the Storm Water Pollution 
Prevention Plan that must be developed before the NOI can be submitted.

Section III  Geographic Coverage of Proposed MSGP

    Comment: Several commenters and attendees of meetings on the 
proposed permit identified an inconsistency between Part 6.J.3 of the 
permit, where mine dewatering discharges from construction sand and 
gravel, industrial sand, and crushed stone mines were apparently 
eligible only in Arizona and both the previous permit and the preamble 
to the proposed MSGP-2000 where such discharges were also eligible in 
all of the permits for Region 1, 2, 6, and 10. One commenter referred 
to pages 17025 and 17034 of the preamble to the proposed permit in 
support of their belief that the proposed permit had been intended to 
provide coverage in Regions 1, 2, 6, and 10 and in Arizona.
    Response: The typographical error in Part 6.J.3 has been corrected. 
As supported by item 4 on page 17025 and item 2 on page 17034 of the 
Federal Register notice of the proposed permit (65 FR 17025 and 17034), 
coverage for mine dewatering discharges from construction sand and 
gravel, industrial sand, and crushed stone mines in not only Arizona, 
but also Regions 1, 2, 6, and 10 was intended.

Section V.A  Historic Preservation

    Comment a: It would be more in keeping with balancing the agency's 
CWA mandate and NHPA obligation to not preclude general permit coverage 
for those discharges that may affect historic properties. Instead, 
require the general permittee to notify the agency of the existence of 
a listed historic property that will be affected along with any 
preventive or mitigation measures, if necessary, that it plans to 
implement. EPA could then decide if any further consideration or action 
is warranted, including any comment by the Council. The obligations 
established under Sec. 106 are placed upon the agency, not on the 
permittee.
    Response a: EPA agrees and acknowledges that NHPA Section 106 
imposes obligations only on federal agencies and not on third parties. 
EPA's action in issuing permits, however, triggers NHPA Section 106. In 
order to issue a general permit, EPA included historic preservation-
related application and eligibility provisions in order to ensure that 
it could ``filter'' out permitting activities that might otherwise 
trigger advanced procedures under NHPA Section 106. Section 110(k) of 
the Act prohibits a Federal agency from granting a loan, loan 
guarantee, permit, license or other assistance to an applicant who 
intends to avoid requirements of section 106 (64 FR 95 May 18, 1999). 
To meet this responsibility, EPA requires the applicant to do one of 
the following: (1) Determine that historic properties are not in the 
path of permit activities, (2) determine that permit activities have no 
impact on historic properties, or (3) the permittee reaches agreement 
with appropriate authorities on measures to mitigate or prevent adverse 
effects. Thus, it is quite possible for facilities having an impact on 
historic properties to be covered by the MSGP. Authorization to 
discharge under the MSGP is a privilege, not a right, which carries 
with it certain procedural and timing advantages for the permittee. 
Therefore, it is incumbent upon the permittee, not EPA, to conduct 
whatever investigations and consultations are necessary consistent with 
EPA's obligation to satisfy NHPA provisions.
    Comment b: The notice states that the provisions in Part 1.2.3.7, 
are ``likely to change as a result of consultations'' under the NHPA. 
The procedures set forth in Addendum B are described as being 
``models'' of what the NHPA guidance ``may look like.'' These 
provisions are critical for permittees to determine their eligibility 
for coverage under MSGP-2000, and any substantive changes in these 
areas should be subject to review and comment by the regulated 
community before they are adopted.
    Response b: There are no changes to these provisions as a result of 
NHPA consultations.
    Comment c: Part 2.1.2.2, which deals with discharges that are 
authorized under the 1995 MSGP, but not clearly eligible for coverage 
under this permit, does not allow adequate transition time for those 
permittees who do not have up-to-date determinations pursuant to the 
NHPA.

[[Page 64790]]

    Response c: Within 90 days the permittee must apply for MSGP 
coverage and certify his compliance with other permit provisions. He 
then has up to 180 additional days of interim coverage under the MSGP 
while he conducts the consultation and determines whether he meets the 
criteria for coverage under the MSGP. EPA believes that 270 days is a 
sufficient period to conduct and conclude this consultation and take 
whatever action is necessary to ensure continued permit coverage.
    Comment d: EPA states that, ``For existing dischargers * * * a 
simple visual inspection may be sufficient * * * '' (emphasis added). 
This statement is somewhat disingenuous because a ``simple visual 
inspection'' is rarely sufficient to determine historic eligibility of 
an area because many historic resources are often located underground. 
EPA should provide reasonable guidance worded specifically to shield 
permittees from liability.
    Response d: EPA believes that, 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''). Thus, the Agency does not imply that a visual inspection is 
always sufficient. In instances of uncertainty, the permittee is 
encouraged to consult with authorities who can advise on the likelihood 
of historic properties above or below ground.
    Given the Agency's obligation to comply with the NHPA and its 
efforts to coordinate that obligation with the implementation of 
general permits, the historic preservation-related eligibility 
restrictions cannot provide an ironclad shield from liability. The 
permit guidance provides a common sense approach to an historic 
property assessment. Facility operators are encouraged to consult with 
local authorities who can advise on the likelihood of historic 
properties at the facility.
    Comment e: Portions of the text are reproduced and other portions 
not reproduced in columns 1 and 2 of page 17018 of the notice. See 65 
F.R. at 17018. Due to this problem, the commenter is unable to provide 
any comments on EPA's proposed new changes to the MSGP since he is 
uncertain what EPA intends or proposes. The commenter suggests that EPA 
fix the language related to the proposed MSGP and re-issue that 
correction for public review and comment.
    Response e: EPA apologizes for the typing error which resulted in a 
number of sentences being listed twice on p. 1018. Despite this 
confusion, EPA believes the intent of the section is clear and does not 
require reproposal.

Section V.B  Endangered Species

    Comment a: The term ``unacceptable effects'' is used almost 
interchangeably with ``likely to adversely affect'' (See 65 Fed. Reg. 
17051), which is similarly undefined in the permit and in pertinent 
regulation. The correct term for purposes of ESA compliance is the ``no 
jeopardy'' standard set forth in Section 7 of the ESA (17 U.S.C 
Sec. 1536(a)(2)).
    Response a: EPA agrees with the commenter regarding the term 
``avoid unacceptable effects.'' Therefore, EPA has deleted the term and 
uses the ``no jeopardy'' language as stated in part 1.2.3.6.6.
    Comment b: The definition of ``discharge-related activities'' is so 
all-encompassing that it could include virtually all activities at a 
mine, from drilling and blasting to loading, hauling and dumping and 
equipment maintenance, in addition to any activities that are part of a 
Storm Water Pollution Prevention Plan (SWPPP). There is no 
justification for a requirement to certify ESA compliance for all of 
these activities in order to obtain coverage under the MSGP. This 
requirement clearly exceeds EPA's authority under the Clean Water Act.
    Response b: The endangered species provision covers only those 
activities that are associated with storm water industrial activity. 
The phrase ``discharge-related activities'' is intended to clarify that 
EPA considers a broad range of activities related to storm water 
discharges to be covered by the permit and, therefore, subject to ESA 
and NHPA provisions. This broader list of activities could result in 
environmental impairment if not addressed through a SWPPP. Since the 
permit covers this broad range, and EPA's permit authority is subject 
to ESA provisions, then this broader range of activities is subject to 
the ``no jeopardy'' finding. BMPs, whether already in place or added, 
which serve to satisfy the criteria for coverage under the MSGP, are 
thus subject to the endangered species provisions.
    Comment c: While transitional discharge authorization is available 
for up to 270 days from the date of publication of the permit in the 
Federal Register, that transitional coverage is only available if the 
permittee submits an application for an alternative permit (most likely 
an individual permit) within 90 days after publication. Since formal 
Section 7 consultation is nominally a 135-day process (as stated in the 
Construction General Permit, see 63 Fed. Reg. 7872), permittees, in 
order to ensure continuous coverage, would be required to prepare and 
submit an application for an individual permit before they knew whether 
they were eligible for coverage under MSGP-2000. This is an unnecessary 
burden, on both the permittee and the agency. EPA should extend these 
time limits--for submission of an application for an alternative permit 
to 180 days, and for transitional coverage to one year.
    Response c: EPA will retain the requirement that all applicants 
must submit their Notice of Intent (NOI) in 90 days. Those applicants 
who are entering into endangered species consultations or adverse 
impact investigations could apply for extensions up to 180 days and be 
covered by an interim permit until their application is completed. EPA 
believes that 270 days is a sufficient period to conduct and conclude 
this consultation and take whatever action is necessary to ensure 
continued permit coverage. The County Species list is available on 
EPA's web site or by contacting a local official. EPA will update its 
web site list every 90 days.
    Comment d: EPA indicates that the proposed species-related 
requirements could change, before final issuance, based on consultation 
with the Fish and Wildlife Service. The public will not have an 
opportunity to participate in that process, including through 
commenting on any additional requirements suggested by the Service. If 
the Service does suggest any substantial changes in MSGP-2000, the 
public should have an opportunity to review and comment on those 
changes before EPA makes a decision as to whether to incorporate them 
into the final permit.
    Response d: There are no changes to these provisions as a result of 
NHPA and ESA consultations, except that, based on comments to the 
proposed permit, EPA has deleted the inclusion of proposed species on 
the endangered species list.

[[Page 64791]]

    Comment e: The duty triggered by the section of the Endangered 
Species Act (ESA) upon which EPA relies falls not upon the discharger 
but upon EPA. Thus under EPA's proposal, it would be EPA's duty to 
assess the impact of each discharger applying for coverage, and if this 
provision is not removed, EPA loses the benefit of the general permit. 
The action of adopting the general permit itself triggers EPA's duty, 
and so EPA, not the discharger, must assess ESA impacts now, not after 
the fact of the permit.
    Response e: EPA is bound by the ESA and attempted to coordinate 
general permit implementation with its ESA obligations. Authorization 
to discharge under the MSGP is a privilege which carries with it 
certain procedural and timing advantages for the permittee. Therefore, 
it is incumbent upon the permittee, not EPA, to conduct whatever 
investigations and consultations are necessary to satisfy the ESA-
related eligibility provisions. Since EPA cannot predetermine which 
facilities will apply for coverage under the MSGP, it is impossible for 
EPA to conduct the site-specific assessments required under the ESA at 
the time of general permit issuance.
    Comment f: Despite previous consultation on the problems of earlier 
MSGP drafts, certain problems persist, including the gray area language 
that has fueled citizen suits against permittees. Not only has the 
agency failed to adequately address this issue, it has increased the 
liability potential by increasing the requirements for permittees to 
comply with other agency rules. EPA should clarify language to 
eliminate the potential for liability for permittees and should reduce 
the cost and paperwork burdens for compliance with ESA and NHPA.
    Response f: Given the operation of the regulatory innovation, the 
``general permit,'' EPA cannot provide an ironclad shield from 
liability in the way the commenter proposes. The permit guidance 
provides a common sense approach to endangered species and historic 
property assessments. Facility operators are encouraged to consult with 
local authorities who can advise on the likelihood of endangered or 
threatened species, critical habitat, or historic properties at the 
facility. EPA believes the additional burden associated with the 
expanded NOI form is minimal because permittees are required to make 
the findings which are reflected on the form. The additional 
information provides greater assurance that the assessment has been 
conducted, but does not in itself constitute the requirement for the 
assessment. EPA acknowledges that, until such time as the revised form 
has been cleared by OMB, permittees will continue to use the current 
NOI form (as modified slightly to conform to changes made elsewhere to 
the permit).
    Comment g: The endangered species section of the permit relating to 
endangered species is cumbersome and appears to go beyond the intent of 
the Clean Water Act and beyond the EPA's authority set in the CWA.
    Response g: EPA acknowledges the comment, but disagrees. EPA 
believes these provisions are essential to carry out its responsibility 
not to issue a permit which could jeopardize an endangered or 
threatened species, or critical habitat. EPA has consulted with the 
U.S. Fish and Wildlife Service and the National Marine Fisheries 
Service to ensure compliance with the Endangered Species Act. The 
``discharge-related activities'' restriction on eligibility also 
implements the Agency's obligations under NHPA Section 106.
    Comment h: The permit should clarify that coverage of the MSGP, and 
certification by the permittee, need address only new impacts resulting 
from new changes in operations for which discharges are covered and 
authorized by the MSGP. In other words, the ``baseline'' for assessment 
of effects or impacts should be the date of reissuance of the MSGP or, 
if later, initiation of new activities to be covered by the MSGP.
    Response h: All activities covered by the permit, whether new or 
existing, are subject to the provisions. It is inappropriate to 
interpret that these provisions apply only to new activities.
    Comment i: The endangered species section suggests that a potential 
permittee utilize ``due diligence'' in determining whether or not a 
potential impact to an endangered or threatened species may exist. This 
language is too vague and subjective--differing interpretations what 
constitutes due diligence exist. This is particularly true when dealing 
with an issue as complex as impact to endangered species or their 
habitats, where the expertise necessary to make this determination is 
usually beyond the reach of most industrial operators. It is likely 
that this could become the focal point of efforts to block permit 
issuance by those with differing agendas. Further clarification of what 
is required under ``due diligence'' is required.
    Response i: EPA believes that the language must provide flexibility 
to reflect the case-by-case decisions which must be made. In response 
to the commenter's concern, EPA has replaced the ``due diligence'' 
phrase with ``best judgment.'' Consultations with local endangered 
species officials is advised if the permittee is uncertain how to apply 
these provisions to his facility.
    Comment j: Only those species that have been listed should be 
identified on this list and used in the determination of permit 
coverage; not those that have not gone through the entire listing 
process.
    Response j: EPA acknowledges the comment and has revised the 
language to exclude proposed listing requirements.
    Comment k: In this section, an applicant is expected to determine 
whether endangered species are ``in proximity'' to the stormwater 
discharges or discharge-related activities at the facility. In 
proximity is described as being ``in the path or down gradient'' or in 
the ``immediate vicinity of or nearby,'' the facility. These 
definitions are far too vague, and could refer to the presence of 
species located a considerable distance from a facility, not merely 
those located close enough to a facility to be affected by that 
facility's stormwater discharge. This section requires clanfication.
    Response k: EPA has retained this language from the 1995 MSGP. EPA 
believes that the language must provide flexibility to reflect the 
case-by-case decisions which must be made. Consultations with local 
endangered species officials is advised if the permittee is uncertain 
how to apply these provisions to his facility.
    Comment l: This section provides that ``where there are concerns 
that coverage for a particular discharger is not sufficiently 
protective of listed species (and presumably those proposed for listing 
as well) 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.'' It is clear that this will provide ample opportunity to 
those who would seek to delay or deny permit issuance, even in those 
circumstances where an actual impact to species or habitat does not 
exist. This procedure should be a formal one in which the permit 
remains in force until EPA, after careful and rigorous scientific 
evaluation of the potential impact, determines whether or not an impact 
exists and, if so, whether or not an alternative permit is warranted.
    Response l: Opportunity for public input is an essential component 
of any government regulatory program. As the commenter suggests, the 
permit would remain in effect until such time as EPA

[[Page 64792]]

concludes that the activity is no longer eligible for coverage under 
the permit.

Section V.C  303(d)

    Comment a: Several commenters challenged Parts 1.2.3.8. of the 
permit because they believe it inaccurately applies 40 CFR 122.4(i) 
regarding compliance with water quality standards to discharges covered 
by a general permit. Several commenters believe that one doesn't have 
to consider 40 CFR 122.4(i) if they only add an outfall and similarly 
one commenter believes that new dischargers under Phase 2 do not have 
to consider 40 CFR 122.4(i). Commenters stated that any provisions 
added to the reissued MSGP regarding impaired waters or TMDLs are 
premature until the new TMDL rule is final. It seems that the major 
concern is that previously unpermitted discharges would be disallowed 
coverage under this Part.
    Response a: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely 
conditioning a discharger's eligibility for coverage under the MSGP 
upon meeting certain existing conditions and requirements in EPA's 
NPDES regulations which apply in all applicable circumstances involving 
both individual and general permits. In doing so, EPA intended to 
merely restate those existing conditions and requirements as 
eligibility requirements under the MSGP. Specifically, EPA's intention 
in section 1.2.3.8.1 was to condition a new discharger's eligibility 
for coverage under the MSGP upon meeting the existing regulatory 
conditions under 40 CFR 122.4(i). A new discharger, therefore would not 
be eligible for coverage under the MSGP if its discharge would ``cause 
or contribute to a violation of a water quality standard.'' As 
mentioned, this regulation is applicable to all new dischargers 
irrespective of the type of permit they are seeking coverage under; 
there is no language in this regulation that exempts new dischargers 
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of 
the MSGP, did not intend to create any confusion or change any existing 
interpretation of the current regulatory language referred to in that 
section. To avoid confusion EPA is therefore amending the language in 
section 1.2.3.8.1 to state that ``you are not authorized to discharge 
if your discharge is prohibited under 40 CFR 122.4(i).''
    EPA's intention in section 1.2.3.8.2 was to condition a 
discharger's eligibility for coverage under the MSGP upon meeting the 
existing regulatory requirements under existing 40 CFR 
122.44(d)(1)(vii)(B). This section of EPA's regulations requires 
permitting authorities to develop effluent limits in permits that are 
``consistent with the assumptions and requirements of any available 
wasteload allocation for the discharge prepared by the State and 
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL 
regulations). This requirement applies to all NPDES permits both 
individual and general permits.
    Comment b: One commenter expressed confusion about what is meant by 
``new discharges'' as this term is not defined in 40 CFR 122.2.
    Response b: The final permit will omit the term ``new discharge'' 
since it is not necessary for the requirement and it has caused 
confusion. Today's permit will change the term ``new discharge'' to 
simply ``discharge'' in the first sentence of Part 1.2.3.8.1.
    Comment c: Eligibility restrictions of the permit should be limited 
to those discharges of pollutants actually listed in a TMDL.
    Response c: Section 1.2.3.8.2 of the MSGP contains the eligibility 
requirement that discharges be consistent with an EPA established or 
approved TMDL. EPA agrees with the commenter's suggestion that Section 
1.2.3.8.2 should clearly state that such requirement is only applicable 
to facilities discharging the pollutant for which the TMDL is 
established. EPA is therefore, adding this language to Section 
1.2.3.8.2.
    Comment d: Discharges to 303(d) listed or 303(e) listed waters 
should be monitored for contaminants that impair or threaten water 
quality; however, monitoring requirements should be relaxed for other 
contaminants that do not impair or threaten receiving water quality. 
Several commenters wanted either exclusive or additional monitoring of 
discharges to impaired waters for pollutants of concern in lieu of the 
eligibility requirements based on whether or not a facility causes or 
contributes to the impairment.
    Response d: EPA acknowledges that the MSGP may not contain 
monitoring requirements for a pollutant for which a waterbody is listed 
as impaired. This does not eliminate the burden of the discharger in 
determining that its effluent does not cause or contribute to a 
violation of water quality standards. Section 1.2.3.8.1 in the MSGP is 
an eligibility provision which restates existing regulatory 
requirements, it does not create new restrictions on any dischargers. 
If a discharger cannot meet the eligibility requirements, then that 
discharger is not authorized to discharge under the MSGP. Under 
existing regulations, EPA has the discretion to establish whatever 
eligibility requirements that it believes are appropriate. Section 
1.2.3.8.1 is an eligibility provision that does no more than restate 
existing regulatory requirements as a condition of being authorized to 
discharge under the permit. It does not dictate, establish or restrict 
the use of any particular framework, effluent limits or permit 
conditions within the permit itself or describe or restate any new 
interpretation of the underlying regulations which it refers to.
    Comment e: Several commenters were not clear how to determine or 
implement loadings imposed by TMDLs. Further they requested that 
loadings based on the TMDL be excluded from the MSGP and addressed 
separately so that the regulated community could have an opportunity to 
comment on them. One commenter stated that the eligibility requirement 
of Part 1.2.3.8. is not appropriate because there was no opportunity to 
comment on the TMDL.
    Response e: It is not necessary that all dischargers receive 
individual wasteload allocations. EPA's regulations at 40 CFR 130.2 
define a wasteload allocation as the portion of the receiving water's 
loading capacity that is allocated to one of its existing or future 
point sources of pollution. EPA has interpreted this regulation to mean 
that each point source must be given an individual wasteload allocation 
when it is feasible to calculate such a wasteload allocation. EPA 
believes that states may find it infeasible to calculate individual 
wasteload allocations for all point sources covered by a specific 
general permit. In that case, the TMDL would establish individual 
wasteload allocations for dischargers subject to individual permits 
whereas dischargers subject to a general permit would be accounted for 
in the aggregate under a single wasteload allocation specific to the 
general permit under which they are authorized to discharge.
    In addition, wasteload allocations can be expressed in different 
ways, including, percent loading reductions. See 40 CFR 130.2(i) ``* * 
* TMDLs can be expressed in terms of either mass per time, toxicity, or 
other appropriate measures. * * *'' Effluent limitations must be 
consistent with (but not identical to) the wasteload allocations in 
TMDLs. See 40 CFR 122.44(d)(1)(vii)(B). Effluent limitations for point 
source discharges of storm water may be narrative limitations that are 
expressed in terms of best management practices (BMPs). This policy is 
consistent with EPA's approach in its Interim Permitting

[[Page 64793]]

Approach For Water Quality-Based Effluent Limitations in Storm Water 
Permits (September 1996, EPA 833-D-96-001). This interim approach 
allows limits to be expressed in the form of BMPs as a means of 
satisfying the requirement that limits derive from and comply with 
water quality standards and are consistent with an EPA approved or 
established TMDL.
    All dischargers who discharge the pollutant for which the waterbody 
is impaired must be accounted for in the TMDL. Every point source 
discharger located on the impaired waterbody and discharging the 
pollutant for which the waterbody is impaired must be accounted for 
under a wasteload allocation. The State may choose, however, to give a 
discharger a wasteload allocation that would not require any reduction 
in loading. In other words, all facilities discharging the pollutant 
for which the waterbody is impaired must be subject to a wasteload 
allocation but all facilities subject to a wasteload allocation may not 
be required to reduce their loads.
    Comment f: Several commenters requested guidance on how to 
adequately evaluate a discharge's eligibility under Part 1.2.3.8 and 
1.2.3.9 of the permit.
    Response f: EPA intends the analysis to be similar to what a 
permittee under the previous MSGP had to do in accordance with Part 
I.B.3.f. of that permit. The applicant must avail himself of all 
discharge characterization data or estimation of discharge character 
and determine compliance. If the permittee is able to evaluate 
eligibility on his own because he has access to State Water Quality 
Standards, 303(d) lists, TMDLs etc. (all of which are available either 
from the permit issuing authority or in some cases, online) then he can 
make his determination, document the determination process in his 
pollution prevention plan, and sign the NOI. In other cases, the 
Director may notify him that he is not eligible for coverage if such a 
determination is made independently, and may require an application for 
an individual permit.
    Comment g: One commenter requested confirmation that Part 1.2.3.8.1 
applies to facilities constructed after August 13, 1979 that have not 
yet been issued an NPDES permit.
    Response g: Part 1.2.3.8.1 applies to discharges, not facilities, 
that have begun after August 13, 1979 that have not yet been authorized 
by an NPDES permit.

Section V.D--Antidegradation

    Comment a: The proposed requirements do not accurately reflect 
States' anti-degradation policy. Commenters stated that anti-
degradation does not hold a permittee accountable until a State's 
policy is interpreted into a permit. The State's review of the general 
permit under the CWA 401 is the extent of applicable anti-degradation 
review. Therefore, delete Part 1.2.3.9. since an individual discharger 
applying for general permit coverage cannot determine how the State's 
anti-degradation policy, especially regarding the Tier 2 ``high quality 
water'' provisions, will be implemented at a particular facility.
    Response a: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely 
conditioning a discharger's eligibility for coverage under the MSGP 
upon meeting certain existing conditions and requirements in EPA's 
NPDES regulations which apply in all applicable circumstances involving 
both individual and general permits. In doing so, EPA intended to 
merely restate those existing conditions and requirements as 
eligibility requirements under the MSGP. Specifically, EPA's intention 
in section 1.2.3.8.1 was to condition a new discharger's eligibility 
for coverage under the MSGP upon meeting the existing regulatory 
conditions under 40 CFR 122.4(i). A new discharger, therefore would not 
be eligible for coverage under the MSGP if its discharge would ``cause 
or contribute to a violation of a water quality standard.'' As 
mentioned, this regulation is applicable to all new dischargers 
irrespective of the type of permit they are seeking coverage under; 
there is no language in this regulation that exempts new dischargers 
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of 
the MSGP, did not intend to create any confusion or change any existing 
interpretation of the current regulatory language referred to in that 
section. To avoid confusion EPA is therefore amending the language in 
section 1.2.3.8.1 to state that ``you are not authorized to discharge 
if your discharge is prohibited under 40 CFR 122.4(i).''
    EPA acknowledges that the MSGP may not contain monitoring 
requirements for a pollutant for which a waterbody is listed as 
impaired. This does not eliminate the burden of the discharger in 
determining that its effluent does not cause or contribute to a 
violation of water quality standards. Section 1.2.3.8.1 in the MSGP is 
an eligibility provision which restates existing regulatory 
requirements, it does not create new restrictions on any dischargers. 
If a discharger cannot meet the eligibility requirements, then that 
discharger is not authorized to discharge under the MSGP. Under 
existing regulations, EPA has the discretion to establish whatever 
eligibility requirements that it believes are appropriate. Again, 
section 1.2.3.8.1 is an eligibility provision that does no more than 
restate existing regulatory requirements as a condition of being 
authorized to discharge under the permit. It does not dictate, 
establish or restrict the use of any particular framework, effluent 
limits or permit conditions within the permit itself or describe or 
restate any new interpretation of the underlying regulations which it 
refers to.
    EPA's intention in section 1.2.3.8.2 was to condition a 
discharger's eligibility for coverage under the MSGP upon meeting the 
existing regulatory requirements under existing 40 CFR 
122.44(d)(1)(vii)(B). This section of EPA's regulations requires 
permitting authorities to develop effluent limits in permits that are 
``consistent with the assumptions and requirements of any available 
wasteload allocation for the discharge prepared by the State and 
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL 
regulations). This requirement applies to all NPDES permits both 
individual and general permits.
    Wasteload allocations can be expressed in different ways, 
including, percent loading reductions. See 40 CFR 130.2(i) ``* * *TMDLs 
can be expressed in terms of either mass per time, toxicity, or other 
appropriate measures * * *.'' Effluent limitations must be consistent 
with (but not identical to) the wasteload allocations in TMDLs. See 40 
CFR 122.44(d)(1)(vii)(B). Effluent limitations for point source 
discharges of storm water may be narrative limitations that are 
expressed in terms of best management practices (BMPs). This policy is 
consistent with EPA's approach in its Interim Permitting Approach For 
Water Quality-Based Effluent Limitations in Storm Water Permits 
(September 1996, EPA 833-D-96-001). This interim approach allows limits 
to be expressed in the form of BMPs as a means of satisfying the 
requirement that limits derive from and comply with water quality 
standards and are consistent with an EPA approved or established TMDL.
    The commenter correctly recognizes the difficulty in determining 
what defines ``necessary to accommodate important economic or social 
development'' in accordance with 40 CFR Section 131.12(a)(2). By 
statute, this determination involves public participation, the 
assurance that water quality will be protected, and several other 
factors. EPA would have to modify

[[Page 64794]]

the permit for each discharge in question in order to comply with 40 
CFR Section 131.12(a)(2). Individual considerations such as these are 
contrary to the concept of a general permit. In addition, public 
participation would be impossible since the permit issuing authority 
would not know about the particular discharge to tier 2 waters before a 
NOI was submitted. Therefore, a facility operator must seek coverage 
under an individual permit to discharge to tier 2 waters under 40 CFR 
Section 131.12(a)(2)'s allowable degradation provisions to satisfy the 
requirements for public participation and protection of water quality. 
The only discharges allowed coverage under today's permit are those 
which do not degrade the use of a tier 2 water below its existing 
levels, even though those existing levels exceed levels necessary to 
support propagation of fish, shellfish and wildlife and recreation in 
and on the water.
    Comment b: While the eligibility requirements disallow the 
discharge to cause and contribute to the impaired water, the permit 
doesn't require monitoring for the pollutant of concern. This presents 
the potential for the permit issuing authority to determine that a 
discharge causes or contributes at a later date than the submittal of 
the NOI, effectively creating a violation of the permit without the 
permittee being able to know of it or prevent it.
    Response b: There will be situations where an NOI is accepted by 
the permit issuing authority and coverage provided to a facility that 
did not meet the eligibility requirements. Other situations include 
changes, such as the approval of a TMDL, which may cause a discharge to 
no longer be eligible. Upon learning of these types of situations, the 
Director may either require the permittee to submit an application for 
an individual NPDES permit, take an enforcement action, allow the 
facility to eliminate the concern, or any combination of these actions.
    Comment c: The eligibility requirements require the permittees to 
predict the final requirements of the TMDL rule and the final loadings 
of TMDLs approved in the future. Part 1.2.3.8.1 shouldn't be included 
in the permit because it inaccurately applies 122.4(i) to general 
permittees.
    Response c: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely 
conditioning a discharger's eligibility for coverage under the MSGP 
upon meeting certain existing conditions and requirements in EPA's 
NPDES regulations which apply in all applicable circumstances involving 
both individual and general permits. In doing so, EPA intended to 
merely restate those existing conditions and requirements as 
eligibility requirements under the MSGP. Specifically, EPA's intention 
in section 1.2.3.8.1 was to condition a new discharger's eligibility 
for coverage under the MSGP upon meeting the existing regulatory 
conditions under 40 CFR 122.4(i). A new discharger, therefore would not 
be eligible for coverage under the MSGP if its discharge would ``cause 
or contribute to a violation of a water quality standard.'' As 
mentioned, this regulation is applicable to all new dischargers 
irrespective of the type of permit they are seeking coverage under; 
there is no language in this regulation that exempts new dischargers 
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of 
the MSGP, did not intend to create any confusion or change any existing 
interpretation of the current regulatory language referred to in that 
section. To avoid confusion EPA is therefore amending the language in 
section 1.2.3.8.1 to state that ``you are not authorized to discharge 
if your discharge is prohibited under 40 CFR 122.4(i).''
    EPA's intention in section 1.2.3.8.2 was to condition a 
discharger's eligibility for coverage under the MSGP upon meeting the 
existing regulatory requirements under existing 40 CFR 
122.44(d)(1)(vii)(B). This section of EPA's regulations requires 
permitting authorities to develop effluent limits in permits that are 
``consistent with the assumptions and requirements of any available 
wasteload allocation for the discharge prepared by the State and 
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL 
regulations). This requirement applies to all NPDES permits both 
individual and general permits.
    Comment d: The final permit needs to be clear that the requirements 
of Part 1.2.3.8.2 only apply to the pollutant of concern in the TMDL 
actually being discharged by the facility. This idea is in Part 
1.2.3.8.1. and should be included in 1.2.3.8.2 as well. Similarly, EPA 
should lift the new source and new discharger restrictions if there is 
not a storm water component of the approved TMDL. The final permit 
should clarify that a facility may not have a specific allocation in an 
approved TMDL and as such may still be eligible for the general permit.
    Response d: Section 1.2.3.8.2 of the MSGP contains the eligibility 
requirement that discharges be consistent with an EPA established or 
approved TMDL. EPA agrees with the commenter's suggestion that Section 
1.2.3.8.2 should clearly state that such requirement is only applicable 
to facilities discharging the pollutant for which the TMDL is 
established. EPA is therefore, adding this language to Section 
1.2.3.8.2.
    Comment e: The eligibility requirements in Part 1.2.3.9 defeat the 
concept of efficiency of a general permit and should be removed. EPA 
does not have the authority to require the applicant to assess if they 
support the use classification of the receiving water because it 
increases the cost of applying for general permit coverage which has 
not been evaluated by EPA under the Unfunded Mandates Reform Act. 
Furthermore, the duty to determine whether or not a discharge supports 
the use classification of a receiving water is the permit issuing 
authority's responsibility.
    Response e: The concept of the general permit is to reduce the 
administrative burden on EPA and the regulated community by issuing one 
permit for many facilities that would otherwise all have exactly the 
same conditions in their individual permits. If a facility is not like 
other ones where it would have different permit conditions it should 
not apply for the general permit in question. This general permit only 
applies to facilities that support the use classification of the 
receiving waters. If they do not, EPA is not obligated to change the 
general permit to include them. The applicant must seek alternate 
permit coverage. It is the permit issuing authority's responsibility to 
ensure that the conditions of the general permit support use 
classifications. It is not their responsibility to ensure that each 
individual discharge authorized by the permit supports the use. The 
eligibility requirements are there to indicate the type of facility 
that can be covered under the permit. The efficiency intended by a 
general permit is to reduce the number of individual permits and to 
make application for NPDES permit easier for those who qualify for the 
coverage under the general permit.
    Comment f: The final permit needs to be clear that a facility may 
not have a specific allocation in an approved TMDL and as such may 
still be eligible for the general permit.
    Response f: EPA agrees in part with the commenter that there may be 
circumstances under which it is not necessary that all dischargers 
receive individual wasteload allocations. EPA's regulations at 40 CFR 
130.2 define a wasteload allocation as the portion of the receiving 
water's loading capacity that is allocated to one of its existing or

[[Page 64795]]

future point sources of pollution. EPA has interpreted this regulation 
to mean that each point source must be given an individual wasteload 
allocation when it is feasible to calculate such a wasteload 
allocation. EPA believes that states may find it infeasible to 
calculate individual wasteload allocations for all point sources 
covered by a specific general permit. In that case, the TMDL would 
establish individual wasteload allocations for dischargers subject to 
individual permits, whereas dischargers subject to a general permits 
would be accounted for in the aggregate under a single wasteload 
allocation specific to the general permit under which they are 
authorized to discharge.
    Comment g: Lift the new source/new discharger restriction if there 
is not a storm water component of the approved TMDL.
    Response g: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely 
conditioning a discharger's eligibility for coverage under the MSGP 
upon meeting certain existing conditions and requirements in EPA's 
NPDES regulations which apply in all applicable circumstances involving 
both individual and general permits. In doing so, EPA intended to 
merely restate those existing conditions and requirements as 
eligibility requirements under the MSGP. Specifically, EPA's intention 
in section 1.2.3.8.1 was to condition a new discharger's eligibility 
for coverage under the MSGP upon meeting the existing regulatory 
conditions under 40 CFR 122.4(i). A new discharger, therefore would not 
be eligible for coverage under the MSGP if its discharge would ``cause 
or contribute to a violation of a water quality standard.'' As 
mentioned, this regulation is applicable to all new dischargers 
irrespective of the type of permit they are seeking coverage under; 
there is no language in this regulation that exempts new dischargers 
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of 
the MSGP, did not intend to create any confusion or change any existing 
interpretation of the current regulatory language referred to in that 
section. To avoid confusion EPA is therefore amending the language in 
section 1.2.3.8.1 to state that ``you are not authorized to discharge 
if your discharge is prohibited under 40 CFR 122.4(i).''

Section V.E  Discharges Not Previously Covered by an Individual Permit

    Comment: One commenter requested clarification of the permit 
requirement at Part 1.2.3.3.2.3 to include any specific storm water 
BMPs from the old individual permit in the Storm Water Pollution 
Prevention Plan when transferring from an individual permit to the 
MSGP. The commenter interpreted this condition to mean that only those 
specific storm water BMPs from the old individual permit (and areas 
associated with outfalls from the old permit) needed to be included in 
the Plan, and noted an apparent inconsistency on page 17021, Item F, of 
the preamble which states that the Plan must address the entire 
facility.
    Response: When transferring from an individual permit to the MSGP, 
the requirement at Part 1.2.3.3.2.3 to include any specific storm water 
BMPs from the old individual permit in the Storm Water Pollution 
Prevention Plan is in addition to and not in lieu of the basic 
requirements in Part 4. However, the BMPs brought over from the old 
individual permit may satisfy one or more of the ``basic'' Storm Water 
Pollution Prevention Plan requirements under Part 4 and/or the sector-
specific requirements under Part 6. There could be areas at a facility 
(e.g., employee parking lots) that do not need to be addressed under 
the permit (and SWPPP) unless the runoff from such areas commingles 
with storm water associated with industrial activity (or was previously 
permitted).

Section VI.A  Notification Requirements

    Comment a: The commenter supported the use of electronic filing of 
NOIs, but expressed concern that facilities without Internet access 
would be at a disadvantage.
    Response a: It is not the intention of EPA to only accept 
electronic submittals. Electronic submittal is another alternative 
which, hopefully, will be available to the regulated community in the 
near future.
    Comment b: The commenter does not support any changes to the NOI 
form, and expects any changes to comply with the Paperwork Reduction 
Act.
    Response b: Any changes to the NOI form that result in an increase 
in burden for the applicant must first be reviewed and approved by the 
Office of Management and Budget. Part of this review includes 
compliance with the requirements of the Paperwork Reduction Act. 
Changes to the NOI form published in today's permit were limited to 
those that provide clarification in information, as well as those 
changes that reflect changes in the storm water permits issued by EPA. 
EPA has determined that these changes do not represent an increase in 
burden for completing the NOI form. As noted in Section 2.2, the more 
extensive changes listed in the March 30, 2000 proposal need to 
complete their OMB review before they can be included in the NOI form.
    Comment c: A commenter supported inclusion of the no exposure 
certification form as an addendum to the MSGP-2000.
    Response c: EPA agrees that providing the form with the permit is a 
convenience for facilities qualifying for the no exposure exemption. 
The certification form is an addendum to the permit.

Section VI.B  Special Conditions

    Comment a: The Agency is shifting its responsibility regarding 
meeting minimum technology standards in NPDES permits to the 
discharger.
    Response a: EPA expects that when a facility submits an NOI they 
are familiar with both the permit and their facility. They should be 
able to determine their eligibility. The permitting authority may 
concur with the facility's assessment, or not. EPA does not believe 
that it has shifted its responsibility on this matter.
    Comment b: There was a request to clarify the requirements in the 
MSGP-2000 regarding co-located facilities.
    Response b: A facility is considered co-located if there is a 
second industrial activity occurring which meets the definition of 
storm water discharge associated with industrial activity. For example, 
a facility operates an auto salvage yard and also has an area onsite 
for scrap recycling. The facility as a whole would meet the 
requirements for Sector M--Auto salvage. The area where scrap recycling 
occurs would meet the requirements for Sector N--Scrap Recycling. Any 
storm water discharges from the scrap recycling area needs to meet the 
requirements for both sectors. The second activity may or may not be 
related to the primary industrial activity. The determination as to 
whether something is co-located rests in the definition of storm water 
discharges associated with industrial activity. If a second activity 
exists at a facility which meets one of the categories in the 
definition, then the facility has co-located industrial activities.

Section VI.C  Common Pollution Prevention Plan Requirements

    Comment a: A commenter expressed concern about various 
interpretations and implementation of the storm water program, 
including incorporation of effluent limits, and stressed ``* * * It is 
imperative that the Agency maintains that SWPPP requirements be 
interpreted and implemented in a practicable and economically feasible 
manner.''
    Response a: EPA believes that proper implementation of storm water 
BMPS

[[Page 64796]]

will achieve compliance with water quality standards. EPA is 
responsible for implementation of the storm water program in eight 
states, various territories, including Puerto Rico and District of 
Columbia; and various Indian Country lands throughout the country. For 
the remaining 42 states, the state agency is responsible for program 
implementation. They have the authority to interpret and implement the 
program as appropriate for their state. It continues to be EPA's policy 
not to include effluent limitations in storm water permits. However, a 
state may choose to follow a different policy than EPA's.
    Comment b: There is not a specific mention of catch basin inserts 
or fillers on the listing of BMPs.
    Response b: In discussions concerning BMPs, EPA attempted to 
provide some examples of various types of BMPs. By no means is the 
listing intended to be all inclusive. EPA acknowledges that there are 
other BMPs, such as catch basin inserts or fillers, that were not 
mentioned in discussions but may be appropriate in various 
circumstances.

Section VI.E  Monitoring and Reporting Requirements

    Comment a: Monitoring results are an unreliable indicator of a 
discharge problem and they do not provide confirmation of a problem. 
Permittees cannot use results to support facility management.
    Response a: EPA believes that since analytic monitoring has been 
performed by substantial numbers of permittees only during the fourth 
year of the 1995 MSGP (many facilities complying with monitoring 
requirements in the fourth year were covered under the earlier baseline 
general permit during the second monitoring year and, consequently, had 
no equivalent monitoring requirement), it is premature to make any 
final conclusions regarding the value of the Agency's acquisition of 
the monitoring data or to consider dropping the monitoring. In essence, 
the fourth-year monitoring data set EPA received represents the 
baseline of pollutant discharge information under the sector-specific 
industrial general storm water permit. Several rounds of monitoring 
significantly enhances the utility of the results for evaluating the 
effectiveness of management practices at the site as well as for the 
industry sector as a whole. EPA commits to using data from the 1995 and 
2000 permits to evaluate the effectiveness of management practices on 
an industry sector basis and to evaluate the need for changes in 
monitoring protocols for the next permit.
    EPA acknowledges that, considering the small number of samples 
required per monitoring year (four), and the vagaries of storm water 
discharges, it may be difficult to determine or confirm the existence 
of a discharge problem as a commenter claimed. When viewed as an 
indicator, analytic levels considerably above benchmark values can 
serve as a flag to the operator that his SWPPP needs to be reevaluated 
and that pollutant loads may need to be reduced. Conversely, analytic 
levels below or near benchmarks can confirm to the operator that his 
SWPPP is doing its intended job. EPA believes there is presently no 
alternative that provides stakeholders with an equivalent indicator of 
program effectiveness.
    Comment b: Monitoring results are not necessarily an indicator of 
BMP effectiveness and EPA never justified that they are.
    Response b: While not practicable for EPA to require an increase in 
monitoring, operators are encouraged to sample more frequently to 
improve the statistical validity of their results. Unless the proper 
data acquisition protocol for making a valid BMP effectiveness 
determination is rigorously followed, any other method used to assess 
BMP effectiveness would be qualitative, and therefore less reliable. 
The least subjective approach, and most beneficial to operators and 
stakeholders, EPA believes, remains a combination of visual and 
analytic monitoring, using analyte benchmark levels to target potential 
problems. Statistical uncertainties inherent in the monitoring results 
will necessitate both operators and EPA exercising best professional 
judgment in interpreting the results. When viewed as an indicator, 
analytic levels considerably above benchmark values can serve as a flag 
to the operator that his SWPPP needs to be reevaluated and that 
pollutant loads may need to be reduced. Conversely, analytic levels 
below or near benchmarks can confirm to the operator that his SWPPP is 
doing its intended job.
    Comment c: Alternate test methods can be used for determining 
effectiveness of BMPs at a facility, and benchmarks will need modifying 
to account for variability in test methods.
    Response c: A technically valid, deterministic investigation of BMP 
effectiveness would necessarily involve collecting discharge pollutant 
load data before and after the BMP. The constraints inherent in 
monitoring preclude requiring this kind of investigation. All other 
methods used to make an assessment of SWPPP/BMP effectiveness are 
qualitative. The least subjective approach, and most beneficial to 
operators and stakeholders, EPA believes, is a combination of visual 
and analytic monitoring, using analyte benchmark levels (or 
``targets'') as an indicator of potential problems. Vagaries of storm 
discharges and statistical concerns will necessitate operators and EPA 
exercising best professional judgment in interpreting the results of 
any monitoring. When viewed as an indicator, analytic levels 
considerably above benchmark values can serve as a flag to the operator 
that his SWPPP needs to be reevaluated and that pollutant loads may 
need to be reduced. Conversely, analytic levels below or near 
benchmarks can confirm to the operator that his SWPPP is doing its 
intended job.
    Comment d: (a) The presumption of an impact on water quality 
standards by storm water is inappropriate given the episodic nature of 
storms. (b) EPA recognizes that during a storm, water quality standards 
will not always be met, so EPA shouldn't rely on water quality 
standards at a discharge point to determine if a facility is in 
compliance. (c) Monitoring has marginal value in assessing and 
protecting water quality.
    Response d: (a) It is true that many impacts of storm water are 
short-term and that many pollutants are not really toxic or 
bioaccumulative. A short term water quality standard violation is not 
necessarily going to persist long enough to be toxic. (b) In the 
absence of establishing discharge pollutant loads that correlate 
directly to a receiving water, as would be done for an individual 
permit, EPA settled on benchmark levels which would, under nearly all 
scenarios, be protective of water quality standards. Recognizing the 
shortcomings of these generic pollutant levels, EPA only intends for 
them to be used as indicators of possible problems and as a flag to 
reevaluate the SWPPP--not as a trigger to begin mandatory SWPPP or 
operational revisions unless, after employing BPJ, the operator deems 
such revisions are necessary. (c) While end-of-pipe/end-of-property 
analytic monitoring for storm water may not reflect potential impacts 
to water quality, EPA does not intend to use the data for that purpose.
    Comment e: EPA needs to reevaluate the validity of benchmark 
values.
    Response e: Universal benchmark levels cannot be established; the 
next best thing would be storm water pollutant loadings vis-a-vis water 
segment-specific TMDLs. But when used as a target or indicator, without 
requiring specific corrective actions beyond using BPJ to reassess 
present conditions and make any changes deemed necessary, the present

[[Page 64797]]

benchmarks are adequate. In specific situations operators may 
reasonably conclude, after analyzing monitoring results above 
benchmarks, their present SWPPPs/BMPs are adequately protective of 
water quality, or that other conditions such as discharging to low-
quality, ephemeral streams may obviate the need for SWPPP/BMP 
revisions.
    Comment f: Monitoring diverts resources from more effective 
implementation of SWPPPs. EPA should focus on pollution prevention, 
instead.
    Response f: In developing the monitoring requirements, i.e., 
pollutants of concern, monitoring waivers, etc., along with providing 
sampling and monitoring guidances, EPA endeavored to make the financial 
burden as minimal as possible. Four quarterly samples is a minimal data 
set for evaluating the effectiveness of SWPPPs. Those least able to 
afford expansive monitoring programs, i.e., small businesses, likely 
have few outfalls to begin with. EPA believes that if monitoring is 
required at a facility, it should be planned for and budgeted as a cost 
of doing business.
    Comment g: Permittees fear benchmark limits would be viewed as 
effluent limitations.
    Response g: EPA agrees that benchmark limits are not effluent 
limitations and should not be used, in and of themselves, as the basis 
for issuing an enforcement violation.
    Comment h: Storm water discharge variability can be caused by 
atmospheric/dry deposition, run on and fate in transport; facilities 
with structural leachate are at a disadvantage vis-a-vis those without 
the problem.
    Response h: EPA acknowledges the potential for adding pollutants to 
a facility's discharges from external or structural sources. A 
permittee is, nonetheless, still legally responsible for the quality of 
all discharges from his/her site--but not from pollutants that may be 
introduced outside the boundaries of his/her property or the areas 
where his/hers structures, industrial activities or materials are 
located. Anything that increases the pollutant load in the runoff prior 
to leaving the site, whether originating from air deposition, run-on 
from nearby sites, or leachate from on-site structures, remains the 
responsibility of the permittee. This was affirmed in the ruling by the 
Environmental Appeals Board against the General Motors Corp. CPC-
Pontiac Fiero Plant in December 1997.
    Comment i: Allow pollutant credits for background sources of 
pollution.
    Response i: Pollutant credits for background sources of pollution 
is unfeasible for storm water. Either EPA or the permittee would have 
to determine the pollutant loads of both the run-on and runoff to 
calculate pollutant credits. Resources are insufficient to implement 
this practice.
    Comment j: Differences in monitoring results may result from 
changes in business conditions; changes in personnel doing monitoring 
can make observations/discharge examinations unreliable.
    Response j: EPA published guidance on both monitoring and sampling 
procedures (available from EPA's Office of Water Resource Center) to 
standardize data collection practices.
    Comment k: The same person cannot always do monitoring. Having to 
rely on different people is bad for consistency in recording 
observations and making discharge examinations.
    Response k: EPA requires that personnel implementing the SWPPP be 
provided training as an element of the SWPPP. This training must cover 
program elements to ensure the quality and validity of all information 
collected.
    Comment l: Sampling can be dangerous.
    Response l: EPA provides waivers and options such that extreme 
weather or perilous conditions are accounted for.
    Comment m: Determining whether a storm qualifies to be monitored is 
difficult.
    Response m: EPA has always defined what constitutes a storm event 
worthy of monitoring. Modern weather forecasting is making it easier to 
anticipate and plan for qualifying storms.
    Comment n: Monitoring in remote west or arid/semi-arid areas is 
difficult and burdensome.
    Response n: EPA has always had accommodations and waivers for lack 
of qualifying storm events. See EPA Response o below.
    Comment o: EPA should reduce analytic monitoring and visual 
monitoring based on average rainfall (similar to Phase II regulations).
    Response o: EPA already allows permittees to skip monitoring in any 
quarter in which no qualifying storm events occur.
    Comment p: Some discharges (in the west) occur only infrequently 
and sometimes only to isolated, ephemeral streams (which may have no 
indigenous biota).
    Response p: Ephemeral streams may still eventually flow into 
permanent waters of the U.S.; hence, protective measures may still be 
needed to protect water quality. If there are truly no water quality 
standards established for an ephemeral stream and the outflow does not 
feed another water body, then it's likely there would not be a ``point 
source discharge'' and no permit would be required. Only those point 
source discharges to waters of the U.S. need to be included in a SWPPP.
    Comment q: Continuation of monitoring is not justified, especially 
for mining sectors.
    Response q: EPA believes that since analytic monitoring has been 
performed by substantial numbers of permittees only during the fourth 
year of the 1995 MSGP (many facilities complying with monitoring 
requirements in the fourth year were covered under the earlier baseline 
general permit during the second monitoring year and, consequently, had 
no equivalent monitoring requirement), it is premature to make any 
final conclusions regarding the value of the Agency's acquisition of 
the monitoring data or to consider dropping the monitoring. In essence, 
the fourth-year monitoring data set EPA received represents the 
baseline of pollutant discharge information under the sector-specific 
industrial general storm water permit. Several rounds of monitoring 
significantly enhance the utility of the results for evaluating the 
effectiveness of management practices at the site as well as for the 
industry sector as a whole. EPA commits to using data from the 1995 and 
2000 permits to evaluate the effectiveness of management practices on 
an industry sector basis and to evaluate the need for changes in 
monitoring protocols for the next permit.
    EPA acknowledges that, considering the small number of samples 
required per monitoring year (four), and the vagaries of storm water 
discharges, it may be difficult to determine or confirm the existence 
of a discharge problem as a commenter claimed. When viewed as an 
indicator, analytic levels considerably above benchmark values can 
serve as a flag to the operator that his SWPPP needs to be reevaluated 
and that pollutant loads may need to be reduced. Conversely, analytic 
levels below or near benchmarks can confirm to the operator that his 
SWPPP is doing its intended job. EPA believes there is presently no 
alternative that provides stakeholders with an equivalent indicator of 
program effectiveness.
    Comment r: EPA has not provided guidance on monitoring snow melt 
events.
    Response r: EPA does not have any specific guidance on this matter 
at the present time. Guidance may be developed in the future. In the 
interim, however, EPA believes that facilities should be able to obtain 
reasonably representative samples using their best judgment. Two 
important points must be considered to ensure the snow melt

[[Page 64798]]

sample is representative: (1) The melted runoff must come in contact 
with any pollutants of concern present and not be overly 
``contaminated'' with concentrated surficial deposits of hydrocarbons, 
dirt, salt, etc., and (2) the melted runoff must have characteristics 
that approximate those of a monitor-qualifying rain storm (0.1 inch 
runoff volume, sampled within the first \1/2\ up to 1 hour).
    Comment s: (a) In addition to monitoring results, EPA should also 
require submission of a description of storm water controls being 
implemented. (b) EPA should require facilities to monitor for 
pollutants similar to what would be done under an individual permit (to 
ensure BMPs are being implemented). (c) Monitoring will aid the 
permittee, permitting authority and the public in understanding the 
sources and toxicity of storm water at a site.
    Response s: (a) EPA already requires that all BMPs and other 
controls be described in the SWPPP, including inspections, maintenance, 
etc. Any BMP changes or additions must be added to an updated SWPPP, so 
EPA will not require this information be formally submitted. If EPA 
needs to inspect a facility or determine an enforcement issue, the 
facility's SWPPP will be reviewed for BMP information. (b) Customizing 
a facility's monitoring requirements is tantamount to writing an 
individual permit for the facility, which would require the same 
application package as for an individual permit. This is an option for 
those facilities where discharges or receiving waters are a concern 
but, otherwise, EPA believes the requirements of the present general 
permit with the identified pollutants of concern is sufficient for a 
large majority of facilities. (c) EPA agrees that monitoring can be 
used as an indicator of potential problems or toxicity concerns.
    Comment t: Submit Discharge Monitoring Reports (DMRs) along with 
NOIs to prove compliance. If no DMRs were submitted under the current 
MSGP, require quarterly monitoring for all five years of MSGP-2000.
    Response t: DMR and NOI submission deadlines have not coincided in 
the past and, from a regulatory perspective, it is not feasible to link 
them. Past instances of non-compliance are an enforcement issue with 
established penalties in the CFRs, but these instances do not 
automatically preclude future permit coverage nor can EPA include 
separate ``penalties'' such as 5-year monitoring in the permit for 
them.
    Comment u: Analytic monitoring may be good for general info, which 
may be of use to the facility and regulatory agency, but it should not 
be required under the permit. Only visual monitoring should be 
required. One commenter indicated that analytic monitoring may be good 
for watershed-wide indications of general trends.
    Response u: EPA believes that since analytic monitoring has been 
performed by substantial numbers of permittees only during the fourth 
year of the 1995 MSGP (many facilities complying with monitoring 
requirements in the fourth year were covered under the earlier baseline 
general permit during the second monitoring year and, consequently, had 
no equivalent monitoring requirement), it is premature to make any 
final conclusions regarding the value of the Agency's acquisition of 
the monitoring data or to consider dropping the monitoring. In essence, 
the fourth-year monitoring data set EPA received represents the 
baseline of pollutant discharge information under the sector-specific 
industrial general storm water permit. Several rounds of monitoring 
significantly enhance the utility of the results for evaluating the 
effectiveness of management practices at the site as well as for the 
industry sector as a whole. EPA commits to using data from the 1995 and 
2000 permits to evaluate the effectiveness of management practices on 
an industry sector basis and to evaluate the need for changes in 
monitoring protocols for the next permit.
    EPA acknowledges that, considering the small number of samples 
required per monitoring year (four), and the vagaries of storm water 
discharges, it may be difficult to determine or confirm the existence 
of a discharge problem. When viewed as an indicator, analytic levels 
considerably above benchmark values can serve as a flag to the operator 
that his SWPPP needs to be reevaluated and that pollutant loads may 
need to be reduced. Conversely, analytic levels below or near 
benchmarks can confirm to the operator that his SWPPP is doing its 
intended job. EPA believes there is presently no alternative that 
provides stakeholders with an equivalent indicator of program 
effectiveness. A technically valid, deterministic investigation of BMP 
effectiveness would necessarily involve collecting discharge pollutant 
load data before and after the BMP. The constraints inherent in 
monitoring preclude requiring this kind of investigation. All other 
methods used to make an assessment of SWPPP/BMP effectiveness are 
qualitative. Quarterly visual monitoring of storm water discharges has 
always been a permit requirement, for many of the same reasons why 
commenters favor it, and will continue to be so. The least subjective 
approach, and most beneficial to operators and stakeholders, EPA 
believes, is a combination of visual and analytic monitoring, using 
analyte benchmark levels (or ``targets'') as an indicator of potential 
problems. Variability of storm discharges and statistical concerns will 
necessitate operators and EPA exercising best professional judgement in 
interpreting the results of any monitoring.
    Monitoring in impaired water bodies would focus attention on the 
problem water bodies and possible pollutant sources. However, not all 
impaired water bodies and their impairments have been determined. The 
goal of EPA's storm water program is also to protect and maintain water 
quality, not just remediate impaired waters, so focusing on impaired 
waters only does not fulfill all the program's responsibilities.
    Comment v: If monitoring results are below the benchmark, 
facilities should not be required to monitor unless there are major 
changes to the facility.
    Response v: Several rounds of monitoring significantly enhances the 
utility of the results for evaluating the effectiveness of management 
practices at the site as well as for the industry sector as a whole. 
EPA is keeping the monitoring requirement for all specified sectors at 
least one more time to provide stakeholders with continued assurance 
that SWPPPs are being implemented, concerted efforts to protect water 
quality are ongoing, and a mechanism is in place to indicate potential 
problems. The previous second year monitoring waiver for facilities 
with pollutant levels below the benchmark level is being retained.
    Comment w: Substantially identical outfalls reduces burden and is 
beneficial to SWPPP implementation.
    Response w: Noted.

Visual Monitoring

    Comment x: Numerous commenters supported dropping analytic 
monitoring from the MSGP-2000 in favor of just requiring quarterly 
visual monitoring. Commenters claimed visual monitoring is adequate to 
ensure compliance and environmental protection (especially coupled with 
training), and is least burdensome.
    Response x: Quarterly visual monitoring of storm water discharges 
has always been a permit requirement, for many of the same reasons why 
commenters favor it, and will continue to be so. EPA will also be 
retaining analytic monitoring because we believe the best way to ensure 
SWPPP effectiveness and protection of water

[[Page 64799]]

quality is through a combination of visual and analytic monitoring. The 
reasons for not adopting visual monitoring only are explained further 
in the rationale for justifying quarterly analytic monitoring.
    Comment y: Operators need flexibility to collect representative 
samples for visual monitoring.
    Response y: EPA believes the same representative sample reduction 
provided for analytic monitoring is inappropriate for the quarterly 
visual monitoring. A visual examination of all discharges is the least 
that operators can do to ensure all discharges are clean and would 
provide greater confirmation to themselves and other stakeholders that 
the representative discharge sample reduction claimed for analytic 
monitoring is, in fact, justified.
    Comment z: Support visual monitoring with use of field test kits, 
which are cheaper and easier than 40 CFR 136.
    Response z: Field test kits have not yet been confirmed as being as 
reliable as currently required analytical methods. Therefore, EPA is 
not allowing the use of kits in place of currently required analytical 
methods at this time.
    Comment aa: Make visual evaluations standard.
    Response aa: EPA has standard protocols for storm water sampling 
(the storm water sampling guidance can be obtained from EPA's Office of 
Water Resource Center at 202-260-7786) and the permit describes the 
examination procedures, parameters to be examined, meaning of results, 
etc.
    Comment bb: Visual monitoring should be reduced commensurately in 
arid climates.
    Response bb: EPA already allows permittees to document in their 
monitoring records that no discharge occurred during a monitoring 
quarter.

Annual Reporting

    Comment cc: One option suggested by commenters was for an annual 
report, possibly using a standardized form, to be submitted to EPA 
detailing the permittee's SWPPP highlights and revisions/additions, 
inspections, compliance evaluations, visual monitoring results, etc. 
One comment against this option stated that the volume of data 
submitted would be too great for the Agency to evaluate. Other 
opponents to this option indicated that the reports would not contain 
enough information to evaluate SWPPP effectiveness, ensure water 
quality protection, or provide the information necessary to make long-
term management plans. Commenters in support of the annual report 
concept held that it would provide a record of the permittee's 
commitment to storm water control, was better for evaluating SWPPP 
effectiveness, and would provide information to EPA to determine if 
sampling or a site inspection is needed.
    Response cc: Information on SWPPP highlights and revisions/
additions, inspections, compliance evaluations, visual monitoring 
results, etc. is already required to be documented in a facility's 
SWPPP, which, if deemed necessary, must be provided to EPA on demand. 
If no monitoring data were available, an annual report could be used to 
ensure that a facility is implementing its SWPPP. The reports could 
also be used to prioritize sites for inspection. However, EPA agrees 
that it would be very burdensome to review all the reports and very 
difficult to assess the effectiveness of a facility's SWPPP based on 
that review alone. The subjectivity inherent in annual reporting makes 
it an undesirable substitute for analytic monitoring. Documenting the 
kind of information in the annual report is already a SWPPP requirement 
and is, therefore, available to operators for assessing and improving 
their storm water programs. For these reasons, EPA will not require 
reports containing essentially the same information required in SWPPPs 
to be submitted in lieu of analytic monitoring.

Group Monitoring

    Comment dd: Commenters also suggested group monitoring. In this 
option a consortium of like permittees would do sampling at one 
facility, possibly on a rotating basis. The sample results would 
represent all the facilities in the consortium. A variation of group 
monitoring is for the consortium to retain a consultant to do 
representative sampling and provide storm water program guidance and 
evaluations. Supporters of this concept said it may allow for 
comparisons of effectiveness of different SWPPP practices (e.g., 
sweeping vs. catchment basin for solids control). One commenter pointed 
out that the feasibility of the group concept is suspect due to the 
fact that individual facilities may have different topography, soil and 
other natural conditions.
    Response dd: EPA believes that technically valid BMP comparisons 
could be done under this type of program. However, it would be 
difficult and very resource-intensive for EPA to establish criteria for 
group eligibility and then monitor to ensure that groups met these 
criteria.

Watershed Monitoring

    Comment ee: Commenters suggested conducting watershed monitoring 
rather than monitoring at the facility. This option involves replacing 
the monitoring of discrete storm water discharges with ambient 
receiving water monitoring on a watershed basis.
    Response ee: Watershed monitoring is invaluable to making real 
conclusions regarding storm water impacts of water quality, and will be 
employed in making total maximum daily load (TMDL) determinations. 
However, watershed monitoring cannot replace facility-specific storm 
water discharge monitoring to determine the loads contributed by the 
facilities and to evaluate the effectiveness of the SWPPP.

Monitoring Only in Impaired Waters

    Comment ff: Several commenters supported requiring monitoring only 
in impaired water bodies and for pollutants that cause the impairment.
    Response ff: Although this option would focus attention on the 
problem water bodies and possible pollutant sources, EPA and a 
commenter point out that not all impaired water bodies and their 
impairments have been determined. The goal of EPA's storm water program 
is also to protect and maintain water quality, not just remediate 
impaired waters, so focusing on impaired waters only does not fulfill 
all the program's responsibilities.

Section VII  Cost Estimates for Common Permit Requirements

    Comment: EPA incorrectly estimated costs associated with the 
original MSGP. The new permit imposes even more costs. EPA must better 
estimate these costs, especially for small businesses. EPA should 
conduct a Regulatory Flexibility Analysis as well as perform a Small 
Business Regulatory Enforcement Fairness Act (SBREFA) consultation.
    Response: The Regulatory Flexibility Act (RFA), as amended by the 
Small Business Regulatory Enforcement Fairness Act (SBREFA) generally 
requires an agency to prepare a regulatory flexibility analysis for any 
rule subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute. Under section 605(b) 
of the RFA, however, if the head of an agency certifies that a rule 
will not have a significant economic impact on a substantial number of 
small entities, the statute does not require the agency to prepare a 
regulatory flexibility analysis.
    The MSGP-2000 provides facilities the option of obtaining a general 
permit

[[Page 64800]]

rather than applying for individual permits; it does not extend 
coverage of the existing NPDES regulations. Therefore, the costs 
associated with obtaining a permit were already addressed when the 
NPDES regulations were issued. Furthermore, the MSGP-2000 is intended 
to reduce costs by providing a streamlined procedure for obtaining 
permit coverage. For these reasons, there was no requirement on EPA to 
conduct a separate analysis to support the MSGP-2000.

X. 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.
    EPA has determined that the reissued 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.

XI. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
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 MSGP reissuance does 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 final MSGP 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.
    Today's final MSGP also will not uniquely affect small governments 
because compliance with the final permit conditions affects small 
governments in the same manner as any other entities seeking coverage 
under the final permit.

XII. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the final 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 CWA.

XIII. Regulatory Flexibility Act

    The Agency has determined that the final 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 
final 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 finalizing the new MSGP, today's notice repeats for the 
convenience of the reader an interpretation of existing regulations 
promulgated almost twenty years ago. The action would impose no new or 
additional requirements.

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 waters of the United States 
in accordance with the conditions and requirements set forth herein.
    This permit becomes effective on October 30, 2000.
    This permit and the authorization to discharge expire at midnight, 
October 30, 2005.


[[Page 64801]]


    Signed and issued this 15th day of September, 2000.
Linda M. Murphy,
Director, Office of Ecosystem Protection, Region 1.
    Signed and issued this 15th day of September, 2000.
Kathleen C. Callahan,
Director, Division of Environmental Planning and Protection, Region 2.
    Signed and issued this 15th day of September, 2000.
Joseph T. Piotrowski,
Acting Director, Water Protection Division, Region 3.
    Signed and issued this 12th day of September, 2000.
Douglas Mundrick,
Acting Deputy Division Director, Water Management Division, Region 4.
    Signed and issued this 27th day of September, 2000.
Sam Becker,
Acting Director, Water Quality Protection Division, Region 6.
    Signed and issued this 2d day of October, 2000.
Stephen S. Tuber,
Acting Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance, Region 8.
    Signed and issued this 28th day of September, 2000.
Alexis Strauss,
Director, Water Division, Region 9.
    Signed and issued this 14th day of September, 2000.
Michael A. Bussell,
Deputy Director, Office of Water, Region 10.

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

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 
Places
    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
    4.12  Additional Requirements for Storm Water Discharges 
Associated With Industrial Activity From Facilities Subject to EPCRA 
Section 313 Reporting Requirements
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 by 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 D--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 and Refining
    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
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 State, Indian Country 
Lands, or Territories
Addendum A--Endangered Species Guidance
Addendum B--Historic Properties Guidance
Addendum C--New Source Environmental Assessments
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

[[Page 64802]]

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
------------------------------------------------------------------------
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, Florida, 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*##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.
------------------------------------------------------------------------

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.........................  Facilities in the State of Oklahoma
                                     not under the jurisdiction of the
                                     Oklahoma Department of
                                     Environmental Quality, except those
                                     on Indian country lands. EPA-
                                     jurisdiction facilities include SIC
                                     codes 1311, 1381, 1382, 1389 and
                                     5171 and point source (but not non-
                                     point source) discharges associated
                                     with agricultural production,
                                     services, and silviculture.

[[Page 64803]]

 
TXR05*##F.........................  Facilities in the State of Texas not
                                     under the jurisdiction of the Texas
                                     Natural Resource Conservation
                                     Commission, except those on Indian
                                     country lands. EPA-jurisdiction
                                     facilities include SIC codes 1311,
                                     1321, 1381, 1382, and 1389 (other
                                     than oil field service company
                                     ``home base'' facilities).
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 which are
                                     covered under Colorado permit
                                     CORO5*##I below.
COR05*##I.........................  Indian country lands within the
                                     State of Colorado, including the
                                     portion of the Ute Mountain
                                     Reservation located in New Mexico.
MTR05*##I.........................  Reserved.
NDR05*##I.........................  Indian country lands within the
                                     State of North Dakota, including
                                     that portion of the Standing Rock
                                     Reservation located in South Dakota
                                     except Indian country within the
                                     former boundaries of 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 Indian country
                                     within the former boundaries 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
                                     (Navajo) listed in Part 1.1.9.
WYR05*##I.........................  Indian country lands within the
                                     State of Wyoming.
------------------------------------------------------------------------

1.1.9  EPA Region 9: 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.
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. The 1995 Multi-Sector General Permit was issued in the State of 
Alaska on February 9, 1996 (61 FR 5247) and the terms and conditions of 
the 1995 permit are effective for facilities in Alaska through February 
9, 2001. EPA will reissue this permit for the State of Alaska at a 
future date.

------------------------------------------------------------------------
                                       Areas of coverage/where EPA is
            Permit No.                      permitting authority
------------------------------------------------------------------------
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
                                     NVR05*##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.
------------------------------------------------------------------------


[[Page 64804]]

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.
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.
3261-3269.........................  Pottery and Related Products.
3271-3275.........................  Concrete, Gypsum and Plaster
                                     Products.
3291-3299.........................  Abrasive, Asbestos, and
                                     Miscellaneous Nonmetallic Mineral
                                     Products.
------------------------------------------------------------------------
                        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.

[[Page 64805]]

 
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 and Refining
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
                   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.
------------------------------------------------------------------------

[[Page 64806]]

 
                        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.
3951-3955 (except 3952 facilities   Pens, Pencils,and Other Artists'
 as specified in Sector C).          Materials.
3961, 3965........................  Costume Jewelry, Costume Novelties,
                                     Buttons, and Miscellaneous Notions,
                                     Except Precious Metal.
3991-3999.........................  Miscellaneous Manufacturing
                                     Industries.
------------------------------------------------------------------------
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 http://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 3510-6).


[[Page 64807]]

    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 commingles, 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 Storm 
Water 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. Interim coverage is also available for discharges subject to a 
new storm water effluent limitation guideline promulgated after the 
effective date of this 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 and/or a discharge that does not require NPDES 
permit authorization.

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

    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 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;
    1.2.2.2.9  Uncontaminated ground water or spring water;
    1.2.2.2.10  Foundation or footing drains where flows are not 
contaminated with process materials such as solvents;
    1.2.2.2.11  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 
(Storm

[[Page 64808]]

Water 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.
    1.2.3.3.2  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  The individual permit did not contain numeric water 
quality-based limitations developed for the storm water component of 
the discharge; and
    1.2.3.3.2.2  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'').

    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 are not likely to jeopardize the continued 
existence of any species that are listed as endangered or threatened 
(``listed'') 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 (``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 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 http://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 Storm Water 
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
    1.2.3.6.3.2  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 Sec. 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 best judgement, 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

[[Page 64809]]

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 1.2.3.6 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 Sec. 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. 
    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.
    1.2.3.8  Discharges to Water Quality-Impaired or Water Quality-
Limited Receiving Waters. 
    1.2.3.8.1  You are not authorized to discharge if your discharge is 
prohibited under 40 CFR 122.4(i).
    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 or Tribe's anti-degradation policy for water 
quality standards. State and Tribal anti-degradation policies can be 
obtained from the appropriate State or Tribal environmental office or 
their Internet sites.

1.2.4  Discharges Subject to New Source Performance Standards 
(NSPS)1 2

    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\ 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.
    \2\ 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.
---------------------------------------------------------------------------

    1.2.4.1.1  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 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 Sec. 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 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.

[[Page 64810]]

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 and you have already implemented necessary 
sediment and erosion controls as required by Part 4.2.7.2.2.1

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/operator 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 when an NOI has been submitted and coverage 
either granted or denied; or after submittal of an NOT.
    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  Permit Selection

    2.2.1.1  If you were covered under the previous MSGP, provide the 
permit number assigned to your facility.

2.2.2  Owner/Operator Information

    2.2.2.1  The name, address, and telephone number of the operator 
(e.g., your company, etc.) filing the NOI for permit coverage;

2.2.3  Facility Information

    2.2.3.1  The name (or other identifier), address, county, and 
latitude/longitude of the facility for which the NOI is submitted;
    2.2.3.2  An indication of whether you are a Federal, State, Tribal, 
private, or other public entity;
    2.2.3.3  An indication of whether the facility is located on Indian 
country lands;
    2.2.3.4  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;
    2.2.3.5  The name of the receiving water(s);
    2.2.3.6  The name of the municipal operator if the discharge is 
through a municipal separate storm sewer system, unless you are the 
owner/operator of that municipal separate storm sewer system;
    2.2.3.7  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;
    2.2.3.8  Up to four 4-digit Standard Industrial Classification 
(SIC) codes or

[[Page 64811]]

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;

2.2.4  Eligibility Screening

    2.2.4.1  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;
    2.2.4.2  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;
    2.2.4.3  A signed and dated certification, signed by a authorized 
representative of your facility and maintained with your SWPPP, 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), pose no jeopardy to 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 
9.7 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, 1200 
Pennsylvania Avenue NW, Washington, DC 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 110, 40 CFR 117 and 
40 CFR 302 relating to spills or other releases of oils or hazardous 
substances.

3.1.1  Single Releases and Spills

    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 110, 40 CFR 117 or 40 CFR 302, occurs during a 24 hour 
period:
    3.1.1.1  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 110, 40 CFR 117 and 40 
CFR 302 as soon as he or she has knowledge of the discharge;
    3.1.1.2  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.

3.1.2  Anticipated Discharges

    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. 
If your facilities has (or will have) more than one anticipated 
discharge per year containing a hazardous substance in an amount equal 
to or in excess of a reportable quantity, you must:
    3.1.2.1  Submit notifications of the first release that occurs 
during a calendar year (or for the first year of this permit, after 
submittal of an NOI); and
    3.1.2.2  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, your SWPPP must address measures to minimize such releases.
    3.1.2.3  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 you must report the discharge as 
required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 
(see Part 3.1.1. above). 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.

3.2   Additional Requirements for Salt Storage

    If you have storage piles of salt used for deicing or other 
commercial or industrial purposes, 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

[[Page 64812]]

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.


    Note: At larger installations such as military bases where there 
are well-defined industrial versus non-industrial areas, the SWPPP 
required under this Part need only address those areas with 
discharges of storm water associated with industrial activity. 
(e.g., under this permit, a U.S. Air Force Base would need to 
address the vehicle maintenance areas associated with the 
``airport'' portion of the base in the SWPPP, but would not need to 
address a car wash that served only the on-base housing areas.)

4.2  Contents of Plan

4.24.2.1 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.

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 storm water running 
onto your facility 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 steel 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 Sec. 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

[[Page 64813]]

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 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;

[[Page 64814]]

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 if they 
are necessary to provide a non-erosive flow velocity from the structure 
to a water course.

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 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 this permit 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

[[Page 64815]]

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. Results of both visual and any analytical 
monitoring done during the year must be taken into consideration during 
the evaluation. 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  Follow-Up 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 
4.2.2.3; revise description of controls required by Part 4.2.7 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 practicable, but not more 
than twelve (12) weeks after completion of the comprehensive site 
evaluation.

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 Part 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 9.7 (reporting) of this permit.

4.9.5  Credit As a Routine Facility Inspection

    Where compliance evaluation schedules overlap with inspections 
required under Part 4.2.7.2.1.5, 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, monitoring, 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 the 
public's right to know, you must provide a copy of your SWPPP to the 
public if requested in writing to do so.
    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

    There are five individual and separate categories of monitoring 
requirements and numeric limitations that your facility may be subject 
to under this

[[Page 64816]]

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. 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. 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 Storm Water 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 Storm Water 
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 
exceedance of a benchmark value does not, in and of itself, constitute 
a violation of this permit. While exceedance 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, exceedance 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
                                     Industry sub-      parameters for
         MSGP sector \1\                sector             benchmark
                                                          monitoring
------------------------------------------------------------------------
A...............................  General Sawmills    COD, TSS, Zinc.
                                   and Planing Mills. Arsenic, Copper.
                                  Wood Preserving     TSS.
                                   Facilities.        COD, TSS.
                                  Log Storage and
                                   Handling.
                                  Hardwood Dimension
                                   and Flooring
                                   Mills.
B...............................  Paperboard Mills..  COD.

[[Page 64817]]

 
C...............................  Industrial          Aluminum, Iron,
                                   Inorganic           Nitrate + Nitrite
                                   Chemicals.          N.
                                  Plastics,           Zinc.
                                   Synthetic Resins,
                                   etc..
                                  Soaps, Detergents,  Nitrate + Nitrite
                                   Cosmetics,          N, Zinc.
                                   Perfumes.
                                  Agricultural        Nitrate + Nitrite
                                   Chemicals.          N, 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        Aluminum, TSS,
                                   Finishing Mills.    Copper, Iron,
                                  Iron and Steel       Zinc.
                                   Foundries.         Copper, Zinc.
                                  Non-Ferrous         Copper, Zinc.
                                   Rolling and
                                   Drawing.
                                  Non-Ferrous
                                   Foundries
                                   (Castings).
G \2\...........................  Copper Ore Mining   COD, TSS, Nitrate
                                   and Dressing.       + Nitrite N
H...............................  Coal Mines and      TSS, Aluminum,
                                   Coal-Mining         Iron
                                   Related
                                   Facilities.
J...............................  Dimension Stone,    TSS.
                                   Crushed Stone,
                                   and Nonmetallic    Nitrate + Nitrite
                                   Minerals (except    N, TSS.
                                   fuels).
                                  Sand and Gravel
                                   Mining.
K...............................  Hazardous Waste     Ammonia,
                                   Treatment Storage   Magnesium, COD,
                                   or Disposal.        Arsenic, Cadmium,
                                                       Cyanide, Lead,
                                                       Mercury,
                                                       Selenium, Silver.
L...............................  Landfills, Land     Iron, TSS.
                                   Application
                                   Sites, and Open
                                   Dumps.
M...............................  Automobile Salvage  TSS, Aluminum,
                                   Yards.              Iron, Lead.
N...............................  Scrap Recycling...  Copper, Aluminum,
                                                       Iron, Lead, Zinc,
                                                       TSS, COD.
O...............................  Steam Electric      Iron.
                                   Generating
                                   Facilities.
Q...............................  Water               Aluminum, Iron,
                                   Transportation      Lead, Zinc.
                                   Facilities.
S...............................  Airports with       BOD, COD, Ammonia,
                                   deicing             pH.
                                   activities \3\.
U...............................  Grain Mill          TSS.
                                   Products.          BOD, COD, Nitrate
                                  Fats and Oils.....   + 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 reasonably expected to be essentially the same (or 
cleaner) compared to when the benchmark monitoring for the 2001-2002 
monitoring year was done.
    5.1.2.3  Inactive and Unstaffed Sites. If you are unable to conduct 
benchmark monitoring 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 your Storm Water Pollution Prevention 
Plan stating that the site is inactive and unstaffed and that 
performing benchmark monitoring during a qualifying storm event is not 
feasible. You must sign and certify the waiver in accordance with Part 
9.7.

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.

[[Page 64818]]



                              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 Part 5.2.2. Results of the testing must be retained and reported 
in accordance with Part 8 and 9.16.

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 Storm 
Water 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). Note: Page 107 of the NPDES Storm Water Sampling Guidance 
Document (EPA 800/B-92-001) lists criteria for substantially identical 
outfalls (available on EPA's web site at http://www.epa.gov/owm/sw/industry/).

5.3  General Monitoring Waivers

    Unless specifically stated otherwise, 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, or four samples per monitoring year when weather 
conditions do not allow for samples to be spaced evenly during the 
year. 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.

[[Page 64819]]

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

    You are not subject to the analytical monitoring requirements of 
Part 5.1.2 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 
5.1.2, 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 7. In the case of certifying that a 
pollutant is not present, the permittee must submit the certification 
along with the monitoring reports required Part 7; 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 13.

5.4  Monitoring Required by 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, 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)

[[Page 64820]]



                    Table A-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
                              [Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
Subsector  (Discharge may be subject
  to requirements for more than one          Parameter           Benchmark monitoring     Numeric limitation \2\
          sector/subsector)                                    cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
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 (1")
                                       or sapwood).                                       diameter round
                                                                                          opening.
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,
 2593, and 2499).
                                      Total Suspended Solids   100.0 mg/L .............
                                       (TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ 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
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter         Benchmark monitoring and     Numeric limitation
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Paperboard Mills (SIC Code 2631)....  COD....................  120.0 mg/L .............
----------------------------------------------------------------------------------------------------------------
\1\ 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;

[[Page 64821]]

    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.2.8  nitrogenous and phosphatic basic fertilizers, mixed 
fertilizers, pesticides and other agricultural chemicals.

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.
    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
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring     Numeric limitation \2\
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
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...............  ........................  75.0 mg/L, daily max.
                                                                                         25.0 mg/L, 30-day avg.
Agricultural Chemicals (2873-2879)..  Nitrate plus Nitrite     0.68 mg/L.                .......................
                                       Nitrogen                0.0816 mg/L.............
                                      Total Recoverable Lead.  1.0 mg/L................
                                      Total Recoverable Iron.  0.117 mg/L..............
                                      Total Recoverable Zinc.  2.0 mg/L................
                                      Phosphorus.............
Industrial Inorganic Chemicals (2812- Total Recoverable        0.75 mg/L                 Nitrate plus Nitrite
 2819).                                Aluminum                1.0 mg/L................   Nitrogen
                                      Total Recoverable Iron.  0.68 mg/L...............
Soaps, Detergents, Cosmetics, and     Nitrate plus Nitrite     0.68 mg/L.
 Perfumes (SIC 2841-2844).             Nitrogen.               0.117 mg/L..............
                                      Total Recoverable Zinc.
Plastics, Synthetics, and Resins      Total Recoverable Zinc.  0.117 mg/L.
 (SIC 2821-2824).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ 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;

[[Page 64822]]

    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)

                    Table D-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
  to requirements for more than one          Parameter           Benchmark monitoring     Numeric Limitation \2\
          sector/subsector)                                    cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                               Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Asphalt Paving and Roofing Materials  Total Suspended Solids   100mg/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.
                                                                                         10mg/L, 30-day avg.
                                      pH.....................  ........................  6.0-9.0
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ 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.2.9.  lime manufacturing
    6.E.2.10  cut stone and stone products
    6.E.2.11  asbestos products
    6.E.2.12  mineral wool and mineral wool insulation products.

6.E.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.E.3.1  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.3.2  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.3.3  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.3.4  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.4  Monitoring and Reporting Requirements. (See also Part 5)

[[Page 64823]]



                    Table E-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring     Numeric limitaiton \2\
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                               Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Clay Product Manufacturers..........  Total Recoverable        0.75 mg/L                 .......................
(SIC 3245-3259,3261-3269)...........   Aluminum.
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          (TTS.
 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\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ 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 64824]]



                Table F-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
                              Sector of permit affected/supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
 Subsector (Discharges may be subject to
 requirements for more than one sector/              Parameter               Benchmark monitoring      Numeric
               subsector)                                                    cutoff concentration    limitation
-------------------------------------------------------------------------------------\1\------------------------
Steel Works, Blast Furnaces, and Rolling  Total Recoverable Aluminum.....  0.75 mg/L
 and Finishing Mills (SIC 3312-3317).     Total Recoverable Zinc.........  0.117 mg/L.............
Iron and Steel Foundries (SIC 3321-3325)  Total Recoverable Aluminum.....  0.75 mg/L.
                                          Total Suspended Solids.........  100 mg/L...............
                                          Total Recoverable Copper.......  0.0636 mg/L............
                                          Total Recoverable Iron.........  1.0 mg/L...............
                                          Total Recoverable Zinc.........  0.117 mg/L.............
Rolling, Drawing, and Extruding of Non-   Total Recoverable Copper.......  0.0636 mg/L
 Ferrous Metals (SIC 3351-3357).          Total Recoverable Zinc.........  0.117 mg/L.............
Non-Ferrous Foundries (SIC 3363-3369)...  Total Recoverable Copper.......  0.636 mg/L.
                                          Total Recoverable Zinc.........  0.117 mg/L. ...........
----------------------------------------------------------------------------------------------------------------
\1\ 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 
facilities that discharge storm water contaminated by contact with or 
that has come into contact 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 storm water discharges from the following areas 
are covered: waste rock/overburden piles if composed entirely of storm 
water and not combining with mine drainage; topsoil piles; offsite 
haul/access roads; onsite haul/access roads constructed of waste rock/
overburden/spent ore if composed entirely of storm water and not 
combining with mine drainage; onsite haul/access roads not constructed 
of waste rock/overburden/spent ore except if mine drainage is used for 
dust control; runoff from tailings dams/dikes when not constructed of 
waste rock/tailings and no process fluids are present; runoff from 
tailings dams/dikes when constructed of waste rock/tailings if and no 
process fluids are present if composed entirely of storm water 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 area; docking facility if no 
excessive contact with waste product that would otherwise constitute 
mine drainage; explosive storage; fuel storage; vehicle/equipment 
maintenance area/building; 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; and partially/
inadequately reclaimed areas or 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.2.2  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 use
    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 
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.

[[Page 64825]]

    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 being conducted as part 
of the exploration and construction phase of a mining operation cannot 
be covered under this permit if these activities will disturb one or 
more acre of land. Instead, 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;'' 
Federal Register, Vol. 63, p. 7858 and for Region 6, Federal Register, 
Vol. 63, p. 36490), or an individual construction permit. If the area 
of disturbance during the initial phase is less than one acre, you must 
continue to comply with the requirements of the MSGP-2000.
    6.G.5.1  Requirements for Activities Disturbing 5 or More Acres of 
Earth. If the one-acre limit as defined in Part 6.G.5 is attained, 
coverage for these activities must be under the latest version of EPA's 
Construction General Permit (or individual permit). You must first 
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). 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 and Region 6's July 6, 1998 version 
of the permit at www.epa.gov/owm/sw/construction/cgp/cgp-reg6.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  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 and revegetate the disturbed land, submit a Notice of 
Termination, etc. If active mining activities will ensue, you must 
apply for coverage under the MSGP-2000 for your storm water discharges 
and be prepared to implement any new requirements prior to beginning 
the active phase. It is recommended you terminate your coverage under 
the Construction General Permit, but it is not mandatory that you do 
so. If you choose not to terminate your construction General Permit, 
you will be responsible for complying with all permit conditions of the 
construction permit in addition to those of the MSGP-2000. The Notice 
of Termination form is Addendum E to this permit and is available at 
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

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, 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).

[[Page 64826]]

    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 or evaluate for the presence of specific mining-related 
non-storm water 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
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring       Numeric limitation
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Copper Ore Mining and Dressing        Total Suspended Solids   100 mg/L.                 .......................
 Facilities.                           (TSS).                  0.68 mg/L...............
(SIC 1021)..........................  Nitrate plus Nitrite     120 mg/L................
                                       Nitrogen.
                                      Chemical Oxygen Demand
                                       (COD).
----------------------------------------------------------------------------------------------------------------
\1\ 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 at Active Ore Mining and Dressing 
Facilities.For discharges from waste rock and overburden piles, perform 
analytic monitoring at least once within the first year of permit 
coverage for the parameters listed in Table G-2, and twice annually 
thereafter for any parameters measured above the benchmark value (based 
on the initial sampling event) listed in Table G-2. Permittees must 
also conduct analytic monitoring twice annually for the parameters 
listed in Table G-3. The twice annual samples must be collected once 
between January 1 and June 30 and once between July 1 and December 31, 
with at least 3 months separating the storm events. 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 5.3.2.

[[Page 64827]]



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--
-----------------------------------------------------------------------------------------------------------------
   Subsector (Discharges may be
 subject to requirements for more            Parameter            Benchmark monitoring cutoff        Numeric
    than one sector/subsector)                                         concentration \1\           limitation
----------------------------------------------------------------------------------------------------------------
Iron Ores; Copper Ores; Lead and    Total Suspended Solids      100 mg/L.                       ................
 Zinc Ores; Gold and Silver Ores;    (TSS).                     5 NTUs above background.
 Ferroalloy Ores Except Vanadium;   Turbidity (NTUs)..........  6.0-9.0 standard units.
 Miscellaneous Metal Ores (SIC      pH........................  no benchmark value.
 Codes 1011, 1021, 1031, 1041,      Hardness (as CaCO3).......
 1044, 1061, 1081, 1094, 1099).
See above, as applicable..........  Antimony, Total...........  0.636 mg/L.
                                    Arsenic, Total............  0.16854 mg/L.
                                    Beryllium, Total..........  0.13 mg/L.
                                    Cadmium, Total (hardness    0.0159 mg/L.
                                     dependent).                0.0636 mg/L.
                                    Copper, Total (hardness     1.0 mg/L.
                                     dependent).                0.0816 mg/L.
                                    Iron, Total...............  1.0 mg/L.
                                    Lead, Total (hardness       0.0024 mg/L.
                                     dependent).                1.417 mg/L.
                                    Manganese, Total..........  0.2385 mg/L.
                                    Mercury, Total............  0.318 mg/L.
                                    Nickel, Total (hardness     0.117 mg/L.
                                     dependent).
                                    Selenium, Total...........
                                    Silver, Total (hardness
                                     dependent).
                                    Zinc, Total (hardness
                                     dependent).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor at least once during the first year of permit coverage, and twice annually thereafter for any
  parameter that exceeds the benchmark value. Facilities that monitored for the full list of Table G-2
  parameters during the previous permit need not sample the entire list again, however they must continue twice
  annual monitoring for parameters that exceeded the benchmark values in the initial sampling event.

    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 twice annually 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.

 Table G-3.--Additional Monotoring 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
                                                  solids (TSS)      pH                 Metals, total
----------------------------------------------------------------------------------------------------------------
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),
                                                                            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.

[[Page 64828]]



  Table G-4.--Applicability of the Multi-Sector General Permit to Storm
     Water Runoff From Active Ore (Metal) Mining and Dressing Sites
------------------------------------------------------------------------
       Discharge/source of discharge                 Note/comment
------------------------------------------------------------------------
                                  Piles
------------------------------------------------------------------------
Waste rock/overburden......................  If composed entirely of
                                              storm water and not
                                              combining with mine
                                              drainage. See Note below.
Topsoil
------------------------------------------------------------------------
              Roads constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads..........................  If composed entirely of
                                              storm water and not
                                              combining with mine
                                              drainage. See Note below.
Offsite haul/access roads
------------------------------------------------------------------------
            Roads not constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads..........................  Except if ``mine drainage''
                                              is used for dust control.
Offsite haul/access roads
------------------------------------------------------------------------
                          Milling/concentrating
------------------------------------------------------------------------
Runoff from tailings dams/dikes when         Except if process fluids
 constructed of waste rock/tailings.          are present and only if
                                              composed entirely of storm
                                              water and not combining
                                              with mine drainage. See
                                              Note below.
Runoff from tailings dams/dikes when not     Except if process fluids
 constructed of waste rock/tailings.          are present.
Concentration building.....................  If storm water only and no
                                              contact with piles.
Mill site..................................  If storm water only and no
                                              contact with piles.
------------------------------------------------------------------------
                             Ancillary areas
------------------------------------------------------------------------
Office/administrative building and housing.  If mixed with storm water
                                              from the industrial area.
Chemical storage area
Docking facility...........................  Except if excessive contact
                                              with waste product that
                                              would otherwise constitute
                                              ``mine drainage''.
Explosive storage
Fuel storage (oil tanks/coal piles)
Vehicle/equipment maintenance area/building
Parking areas..............................  But coverage unnecessary if
                                              only employee and visitor-
                                              type parking.
Power plant
Truck wash area............................  Except when excessive
                                              contact with waste product
                                              that would otherwise
                                              constitute ``mine
                                              drainage''.
------------------------------------------------------------------------
                        Reclamation-related areas
------------------------------------------------------------------------
Any disturbed area (unreclaimed)...........  Only if not in active
                                              mining area.
Reclaimed areas released from reclamation
 bonds prior to Dec. 17 1990.
Partially/inadequately reclaimed areas or
 areas not released from reclamation bond.
------------------------------------------------------------------------
Note: Storm water runoff from these sources are subject to the NPDES
  program for storm water unless mixed with discharges subject to the 40
  CFR Part 440 that are not regulated by another permit prior to mixing.
  Non-storm water discharges from these sources are subject to NPDES
  permitting and may be subject to the effluent limitation guidelines
  under 40 CFR Part 440.
Discharges from overburden/waste rock and overburden/waste rock-related
  areas are not subject to 40 CFR Part 440 unless: (1) it drains
  naturally (or is intentionally diverted) to a point source; and (2)
  combines with ``mine drainage'' that is otherwise regulated under the
  Part 440 regulations. For such sources, coverage under this permit
  would be available if the discharge composed entirely of storm water
  does not combine with other sources of mine drainage that are not
  subject to 40 CFR Part 440, as well as meeting other eligibility
  criteria contained in Part I.B. of the permit. Permit applicants bear
  the initial responsibility for determining the applicable technology-
  based standard for such discharges. EPA recommends that permit
  applicants contact the relevant NPDES permit issuance authority for
  assistance to determine the nature and scope of the ``active mining
  area'' on a mine-by-mine basis, as well as to determine the
  appropriate permitting mechanism for authorizing such discharges.


[[Page 64829]]

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


[[Page 64830]]

6.I  Sector I--Oil and Gas Extraction and Refining

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 and 
Refining 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 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-vegetate 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

[[Page 64831]]

dewatering discharges composed entirely of storm water or ground water 
seepage from: construction sand and gravel, industrial sand, and 
crushed stone mining facilities in Regions 1, 2, 3, 6, 8, 9, and 10.

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 being conducted as part 
of the exploration and construction phase of a mineral mining operation 
cannot be covered under this permit if these activities will disturb 
one or more acre of land. Instead, 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;'' Federal Register, Vol. 63, p. 7858) and, for Region 6, 
Federal Register, Vol. 63, p. 36490), or an individual construction 
permit. If the area of disturbance during the initial phase is less 
than one acre, you must continue to comply with the requirements of the 
MSGP-2000.
    6.J.5.1  Obtaining Coverage Under the Construction General Permit. 
If the one-acre limit as described in Part 6.J.5 is attained, coverage 
for these activities must be under the latest version of EPA's 
Construction General Permit (or individual permit). You must first 
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). The February 17, 1998 version of 
the permit can be downloaded from the EPA's Web Site at http://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 http://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  Cessation of Exploration and Construction 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 and revegetate the disturbed land, 
submit a Notice of Termination, etc. If active mining operations will 
ensue, you must apply for coverage under the MSGP-2000 for your storm 
water discharges and be prepared to implement any new requirements 
prior to beginning the active phase. It is recommended you terminate 
your coverage under the construction general permit, but you are not 
required to do so. If you choose to not terminate, you will be 
responsible for complying with all permit conditions of the 
construction permit in addition to those of the MSGP-2000. The Notice 
of Termination form is available in Addendum F to this permit and at 
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

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-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring     Numeric limitation \2\
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Mine Dewatering Activities at         Total Suspended Solids.  ........................  25 mg/L, monthly avg.
 Construction Sand and Gravel;        pH.....................                             45 mg/L, daily max
 Industrial Sand; and Crushed Stone                                                      6.0-9.0
 Mining Facilities (SIC 1422-1429,
 1442, 1446).
Sand and Gravel Mining (SIC 1442,     Nitrate plus Nitrogen..  0.68 mg/L.                .......................
 1446).                               Total Suspended Solids.  100 mg/L................

[[Page 64832]]

 
Dimension and Crushed Stone and       Total Suspended Solids.  100 mg/L.                 .......................
 Nonmetallic Minerals (except fuels)
 (SIC 1411, 1422-1429, 1481, 1499).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ 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 
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)

[[Page 64833]]



        Table K-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector  (Discharges may be subject
  to requirements for more than one           Parameter           Benchmark monitoring     Numeric limitation 2
          sector/subsector)                                      cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
ALL--Industrial Activity Code........  Ammonia................  19.0 mg/L                .......................
``HZ'' (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........  BOD5...................  .......................  220 mg/l, daily max.
``HZ'' Subject to the Provisions of                                                      56 mg/l, monthly avg.
 40 CFR Part 445 Subpart A.                                                               maximum.
                                       TSS....................  .......................  88 mg/l, daily max.
                                                                                         27 mg/l, monthly avg.
                                                                                          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.
                                       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 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.
2 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;

[[Page 64834]]

 
(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 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 4.2.7.2.1.5) 
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

[[Page 64835]]

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
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring     Numeric limitation \2\
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                              Section of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
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.  1.0mg/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/1, daily max.
 the Requirements of 40 CFR Part 445                                                     37 mg/1, monthly ave
 Subpart B (Industrial Activity Code                                                      maximum
 ``LF'').
                                      TSS....................  ........................  88 mg/l, daily max.
                                                                                         27 mg/1, monthly ave
                                                                                          maximum.
                                      Ammonia................  ........................  10 mg/1, daily max.
                                                                                         4.9 mg/1, monthly ave
                                                                                          maximum.
                                      Alpha Terpineol........  ........................  0.033 mg/1, daily max.
                                                                                         0.016 mg/1, monthly ave
                                                                                          maximum.
                                      Benzoic Acid...........  ........................  0.12 mg/1, daily max.
                                                                                         0.071 mg/1, monthly ave
                                                                                          maximum.
                                      p-Cresol...............  ........................  0.025 mg/1, daily max.
                                                                                         0.014 mg/1, monthly ave
                                                                                          maximum.
                                      Phenol.................  ........................  0.026 mg/1, daily max.
                                                                                         0.015 mg/1, monthly ave
                                                                                          maximum.
                                      Zinc (Total)...........  ........................  0.20 mg/1, daily max.
                                                                                         0.11 mg/1, monthly ave
                                                                                          maximum.
                                      pH.....................  ........................  Within the range of 6-9
                                                                                          pH units.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.


[[Page 64836]]

    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)

                    Table M-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector  (Discharges may be subject
  to requirements for more than one           Parameter           Benchmark monitoring      Numeric limitation
          sector/subsector)                                      cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
                               Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Automobile Salvage Yards (SIC 5015)..  Total Suspended Solids   100.0 mg/L.
                                        (TSS).                  0.75 mg/L..............
                                       Total Recoverable        1.0 mg/L...............
                                        Aluminum.               0.0816 mg/L. ..........
                                       Total Recoverable Iron.
                                       Total Recoverable Lead.
----------------------------------------------------------------------------------------------------------------
1 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

[[Page 64837]]

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 non recyclable 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 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; (e) 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; (f) 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; (g) oil/water separators or 
sumps; (h) permanent or semi-permanent covers in processing areas where 
there are residual fluids and grease; (i) retention/detention ponds or 
basins; sediment traps, vegetated swales or strips (for pollutant 
settling/filtration); (j) 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

[[Page 64838]]

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 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)

[[Page 64839]]



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

[[Page 64840]]

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
----------------------------------------------------------------------------------------------------------------
    Subsector   (Discharges may be
  subject to requirements for more            Parameter           Benchmark monitoring    Numeric Limitation \2\
     than one sector/subsector)                                cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Steam Electric Generating Facilities  Total Recoverable Iron.  1.0 mg/L ...............
 (Industrial Activity Code ``SE'').
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Note that the numeric effluent limitation guidelines for coal pile runoff at steam electric generating
  facilities have been adopted as a standard numeric limits for all coal pile runoff. See Part 5.1.3.

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

[[Page 64841]]

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 4.2.7.2.1.5) 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 4.2.7.2.1.6) 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.

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.,

[[Page 64842]]

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, 
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.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)

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


[[Page 64843]]

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 \3\
---------------------------------------------------------------------------

    \3\ 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 the discharge of 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, 
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.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, 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

[[Page 64844]]

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 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 use deicing 
chemicals, you must maintain a record of the types (including the 
Material Safety Data Sheets [MSDS]) used and the monthly quantities, 
either as measured or, in the absence of metering, as estimated to the 
best of your knowledge. This includes all deicing chemicals, not just 
glycols and urea (e.g., potassium acetate), because large quantities of 
these other chemicals can still have an adverse impact on receiving 
waters. Tenants or other fixed-based operations that conduct deicing 
operations must provide the above information to the airport authority 
for inclusion in any comprehensive airport SWPPPs.
    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 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

[[Page 64845]]

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: Evaluate, at a minimum, 
whether over-application of deicing chemicals occurs by analyzing 
application rates and adjusting as necessary, consistent with 
considerations of flight safety. 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.5.3.6.1, 
determine whether excessive application of deicing chemicals occurs and 
adjust as necessary, consistent with considerations of flight safety. 
EPA intends for this evaluation to be carried out by the personnel most 
familiar with the particular aircraft and flight operations in question 
(vice an outside entity such as the airport authority). Consider using 
alternative deicing/anti-icing agents as well as containment measures 
for all applied chemicals. Also consider these BMP options (or their 
equivalents) for reducing deicing fluid use: forced-air deicing 
systems, computer-controlled fixed-gantry systems, infrared technology, 
hot water, varying glycol content to air temperature, enclosed-basket 
deicing trucks, mechanical methods, solar radiation, hangar storage, 
aircraft covers, thermal blankets for MD-80s and DC-9s. Also consider 
using ice-detection systems and airport traffic flow strategies and 
departure slot allocation systems.
    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 Part 4.2.7.2.1.5) Specify the 
frequency of inspections in your SWPPP. At a minimum they must be 
conducted monthly during the deicing season (e.g., October through 
April for most mid-latitude airports). If your facility needs to deice 
before or after this period, expand the monthly inspections to include 
all months during which deicing chemicals may be used. Also, if 
significantly or deleteriously large quantities of deicing chemicals 
are being spilled or discharged, or if water quality impacts have been 
reported, increase the frequency of your inspections to weekly until 
such time as the chemical spills/discharges or impacts are reduced to 
acceptable levels. The Director may specifically require you to 
increase inspections and SWPPP reevaluations as necessary.
    6.S.5.5  Comprehensive Site Compliance Evaluation. (See also 4.9)
    (See also Part 4.9)
    Using only qualified personnel, conduct your annual site compliance 
evaluations during periods of actual deicing operations, if possible. 
If not practicable during active deicing or the weather is too 
inclement, conduct the evaluations when deicing operations are likely 
to occur and the materials and equipment for deicing are in place.

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

                    Table S-1.--Sector-Specific Numberic Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring       Numeric limitation
     than one sector/subsector)                                 cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
                               Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Facilities at airports that use more  Biochemical Oxygen       30 mg/L.................  120.0mg/L.
 than 100,000 gallons of glycol-       Demand (BOD5).          Chemical Oxygen Demand    Ammonia
 based deicing/anti-icing chemicals                             COD).                    19 mg/L.
 and/or 100 tons or more of urea on                                                      pH 6/0 to 9 s.u
 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).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.

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 or any other 
sewage sludge or wastewater treatment device or system used in the 
storage, treatment, recycling and reclamation of municipal

[[Page 64846]]

or domestic sewage; including land dedicated to the disposal of sewage 
sludge; that are located within the confines of the facility with a 
design flow of 1.0 MGD or more; or required to have an approved 
pretreatment program under 40 CFR Part 403.
    6.T.2.2  Not required to have permit coverage: 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  Limitations on Coverage

    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 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)

[[Page 64847]]



                Table U-1. Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter           Benchmark monitoring       Numeric limitation
     than one Sector/Subsector)                                 cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
                                Part or Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
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 Nitrate     0.68 mg/L...............
                                       Nitrogen.
                                      Total Suspended Solids   100 mg/L ...............
                                       (TSS).
----------------------------------------------------------------------------------------------------------------
\1\ 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 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.

[[Page 64848]]

    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.

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

[[Page 64849]]

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
----------------------------------------------------------------------------------------------------------------
                                                                  Benchmark monitoring
              Subsector                       Parameter           cutoff concentration     Numeric limitations
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
\1\ 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 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;

[[Page 64850]]

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.

6.AA.4  Monitoring and Reporting Requirements

    (See also Part 5)

[[Page 64851]]



                    Table AA-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
    Subsector  (Discharges may be
  subject to requirements for more           Parameter          Benchmark, monitoring,      Numeric limitation
     than one sector/subsector)                                cutoff, concentration\1\
----------------------------------------------------------------------------------------------------------------
                                Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
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     0.68 mg/L ..............
                                       Nitrogen.
----------------------------------------------------------------------------------------------------------------
\1\ 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 and Commercial Machinery (except Computer and 
Office Equipment) (see Sector AC); and
    6.AB.2.2  Transportation Equipment (except Ship and Boat Building 
and Repairing) (see Sector R).

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

6.AD.3  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

[[Page 64852]]

with your Storm Water 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 by the conditions of the permit that apply to your 
facility, 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 http://www.epa.gov/owm/sw/permits-and-forms/index.htm. The signed DMR must be 
sent to: MSGP DMR (4203), US EPA, 1200 Pennsylvania Avenue NW., 
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         Submit results by the 28th day of the
 Limitation.                    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  Save and submit all results for year in
 Mining Facilities (see Part    one package by January 28 of the year
 6.G).                          following the monitoring year.
Visual Monitoring............  Retain results with SWPPP--do not submit
                                unless requested to do so by Permitting
                                Authority.
State/Tribal/Territory--       See Part 13 (conditions for specific
 Specific Monitoring.           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

    In addition to the requirements of Part 9.16.2, you must retain 
copies of Storm Water Pollution Prevention Plans and all reports and 
certifications 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. You 
must make a copy of your Storm Water Pollution Prevention Plan 
available to the public if requested to do so in writing.

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, 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 MSGP, 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-

[[Page 64853]]

EP), Storm Water Staff, 999 18th Street, Suite 300, 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: ID, WA, OR

    (Except see Region 9 for Fort McDermitt Reservation.)
    United States EPA, Region 10, Office of Water OW-130, 1200 6th 
Avenue, Seattle, WA 98101.

8.4  State, Tribal, and Other Agencies

    See Part 13 for addresses of States or Tribes that require 
submission of information to their agencies.

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 4 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.

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

    If you become aware that you have failed to submit any relevant 
facts or submitted incorrect information in the Notice of Intent or in 
any other report to the Director, you 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:

[[Page 64854]]

    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, provided, the manager is authorized to make 
management decisions which govern the operation of the regulated 
facility including having the explicit or implicit duty of making major 
capital investment recommendations, and initiating and directing other 
comprehensive measures to assure long term environmental compliance 
with environmental laws and regulations; the manager can ensure that 
the necessary systems are established or actions taken to gather 
complete and accurate information for permit application requirements; 
and where 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 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

[[Page 64855]]

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 facility 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, 
and copies of all monitoring reports required by this permit for at 
least three (3) years from the date of sample, measurement, evaluation 
or inspection, or report. 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 Storm Water Pollution Prevention Plan 
developed in accordance with Part 4 of this permit, including the 
certification required under Section 2.2.4.3 of this permit, for at 
least 3 years after the last modification or amendment is made to the 
plan.
    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 does not automatically 
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.

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 must file an NOT (Notice of Termination) within thirty 
(30) days after the new owner/operator has assumed responsibility for 
the facility.
    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.

[[Page 64856]]

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.
Commencement of Construction the initial disturbance of soils 
associated with clearing, grading, or excavating activities or other 
construction activities.
Control Measure as used in this permit, refers to any Best Management 
Practice or other method (including effluent limitations) used to 
prevent or reduce the discharge of pollutants to waters of the United 
States.
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.
Indian country, as defined in 18 USC 1151, means: (a) All land within 
the limits of any Indian reservation under the jurisdiction of the 
United States Government, notwithstanding the issuance of any patent, 
and including rights-of-way running through the reservation; (b) all 
dependent Indian communities within the borders of the United States 
whether within the original or subsequently acquired territory thereof, 
and whether within or without the limits of a state; and (c) all Indian 
allotments, the Indian titles to which have not been extinguished, 
including rights-of-way running through the same. This definition 
includes all land held in trust for an Indian tribe.
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 Systems are defined at 
40 CFR 122.26(b)(4) and (7), respectively and 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 1990 Census by the Bureau of 
Census (these cities are listed in Appendices F and G of 40 CFR 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 122); or
    3. Owned or operated by a municipality other than those described 
in paragraph (i) or (ii) and that are designated by the Director as 
part of the large or medium

[[Page 64857]]

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 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.
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.

13.1  Region 1

    13.1.1  CTR05*##I: Indian country lands within the State of 
Connecticut.
    13.1.2  MAR05*###: Commonwealth of Massachusetts, except Indian 
country lands.
    13.1.2.1  Discharges covered by the general permit must comply with 
the provisions of 314 CMR 3.00; 314 CMR 4.00; 314 CMR 9.00; and 310 CMR 
10.00 and any other related policies adopted under the authority of the 
Massachusetts Clean Waters Act, M.G.L. c.21, ss. 26-53 and Wetlands 
Protection Act, M.G.L., s.40. Specifically, new facilities or the 
redevelopment of existing facilities subject to this permit must comply 
with applicable storm water performance standards prescribed by state 
regulation or policy. A permit under 314 CMR 3.04 is not required for 
existing facilities which meet state storm water performance standards. 
An application for a permit under 314 CMR 3.00 is required only when 
required under 314 CMR 3.04(2)(b) (designation of a discharge on a 
case-by-case basis) or is otherwise identified in 314 CMR 3.00 or 
Department policy as a discharge requiring a permit application. 
Department regulations and policies may be obtained through the State 
House Bookstore or online at www.magnet.state.ma.us/dep.
    13.1.2.2  The department may request a copy of the Storm Water 
Pollution Prevention Plan (SWPPP) or conduct an inspection of any 
facility covered by this permit to ensure compliance with state law 
requirements, including state water quality standards. The Department 
may enforce its certification conditions.
    13.1.2.3  The results of any quarterly monitoring required by this 
permit must be sent to the appropriate Regional

[[Page 64858]]

Office of the Department where the monitoring identifies violations of 
effluent limits or benchmarks for any parameter for which monitoring is 
required under this permit.
    13.1.3  MAR05*##I: Indian country lands within the Commonwealth of 
Massachusetts.
    13.1.4  MER05*###: State of Maine, except Indian country lands.
    13.1.5  MER05*##I: Indian country lands within the State of Maine.
    13.1.6  NHR05*###: State of New Hampshire.
    13.1.7  RIR05*##I: Indian country lands within the State of Rhode 
Island.
    13.1.8  VTR05*##F: Federal Facilities in the State of Vermont.

13.2.  Region 2

    13.2.1  PRR05*###: The Commonwealth of Puerto Rico. No additional 
requirements

13.3  Region 3

    13.3.1  DCR05*###: The District of Columbia.
    13.3.2  DER05*##F: Federal Facilities in the State of Delaware.

13.4  Region 4

    13.4.1  ALR05*##I: Indian country lands within the State of 
Alabama.
    13.4.2  FLR05*##I: Indian country lands within the State of 
Florida.
    13.4.3  MSR05*##I: Indian country lands within the State of 
Mississippi.
    13.4.4  NCR05*##I: Indian country lands within the State of North 
Carolina.

13.5  Region 5

    Permit coverage not available.

13.6  Region 6

    13.6.1  LAR05*##I: Indian Country lands within the State of 
Louisiana. No additional requirements.
    13.6.2  NMR05*###: The State of New Mexico, except Indian Country 
lands.
    13.6.2.1  Discharges to Water Quality Impaired/Water Quality 
Limited Waters: Any operator who intends to obtain authorization under 
the MSGP for all new and existing storm water discharges to water 
quality-impaired (303(d)) waters (see http://www.nmenv.state.nm.us/) 
from facilities where there is a reasonable potential to contain 
pollutants for which the receiving water is impaired must satisfy the 
following conditions prior to the authorization. Signature of the NOI 
(which includes certifying eligibility for permit coverage) will be 
deemed the operator's certification that this eligibility requirement 
has been satisfied.
    13.6.2.1.1  Prior to submitting a Notice of Intent (NOI) for 
coverage under the MSGP, provide an estimate of pollutant loads in 
storm water discharges from the facility to the New Mexico Environment 
Department, Surface Water Quality Bureau (SWQB). This estimate must 
include the documentation upon which the estimate is based (e.g., 
sampling data from the facility, sampling data from substantially 
identical outfalls at similar facilities, modeling, etc.). Existing 
facilities must base this estimate on actual analytical data, if 
available.
    13.6.2.1.2  Eligibility Requirements for New Discharges.
    13.6.2.1.2.1  If a Total Maximum Daily Load (TMDL) has been 
developed, permit coverage is available only if the operator has 
received notice from the SWQB confirming eligibility.

    Note: Following receipt of the information required under Part 
13.6.2.1.1, SWQB anticipates using the following process in making 
eligibility determinations for new discharges into 303(d) waters 
where a TMDL has been developed:

     SWQB will notify the facility operator and EPA that the 
estimated pollutant load is consistent with the TMDL and that the 
proposed storm water discharges meet the eligibility requirements of 
Part 1.2.3.8 of the MSGP and may be authorized under this NPDES permit; 
or
     SWQB will notify the facility operator and EPA that the 
estimated pollutant load is not consistent with the TMDL and that the 
proposed storm water discharges do not meet the eligibility 
requirements of Part 1.2.3.8 of the MSGP and can not be authorized 
under this NPDES permit.
    13.6.2.1.2.2  If a Total Maximum Daily Load (TMDL) has not been 
developed, permit coverage is not available under this permit for 
discharges to 303(d) waters and the operator must seek coverage under a 
separate permit.

    Note: Following receipt of the information required under Part 
13.6.2.1.1, SWQB anticipates using the following process in making 
eligibility determinations for new discharges into 303(d) waters 
where a TMDL has not yet been developed: SWQB will notify the 
facility operator and EPA that the proposed storm water discharges 
do not meet the eligibility requirements of Part 1.2.3.8 of the MSGP 
and can not be authorized under this NPDES permit.

    13.6.2.1.3  Eligibility Requirements for Existing Discharges:
    13.6.2.1.3.1  If a Total Maximum Daily Load (TMDL) has been 
developed, permit coverage is available only if the operator has 
received notice from the SWQB confirming eligibility.

    Note: Following receipt of the information required under Part 
13.6.2.1.1, SWQB anticipates using the following process in making 
eligibility determinations for existing discharges into 303(d) 
waters where a TMDL has been developed:
     SWQB will notify the facility operator and EPA that the 
estimated pollutant load is consistent with the TMDL and that the 
proposed storm water discharges meet the eligibility requirements of 
Part 1.2.3.8 of the MSGP and may be authorized under this NPDES 
permit; or
     SWQB will notify the facility operator and EPA that the 
estimated pollutant load is not consistent with the TMDL and that 
the proposed storm water discharges do not meet the eligibility 
requirements of Part 1.2.3.8 of the MSGP and can not be authorized 
under this NPDES permit.

    13.6.2.1.3.2  If a Total Maximum Daily Load (TMDL) has not been 
developed at the time of permit authorization, but is later developed 
during the term of this permit and identifies existing permitted 
discharges as having a reasonable potential to contain pollutants for 
which the receiving water is impaired, these discharges shall no longer 
be authorized by this permit unless, following notification by the 
SWQP:
     The operator completes revisions to his/her Storm Water 
Pollution Prevention Plan (SWPPP) to include additional and/or modified 
Best Management Practices (BMPs) designed to comply with any applicable 
Waste Load Allocation (WLA) established his/her discharges within 14 
calendar days following notification by SWQB; and
     The operator implements the additional and/or modified 
BMPs before the next anticipated discharge following revision of the 
SWPPP; and
     A report is submitted to SWQB which documents actions 
taken to comply with this condition, including estimated pollutant 
loads, within 30 calendar days following implementation of the 
additional and/or modified BMPs.
    13.6.2.1.4  Additional Monitoring--perform analytical monitoring 
for each outfall at least annually for any pollutant(s) for which the 
303(d) water is impaired where there is a reasonable potential for 
discharges to contain any or all of these pollutants. Submit monitoring 
results to SWQB within 45 calendar days following sample collection. 
These monitoring requirements are not eligible for any waivers listed 
elsewhere in the permit.
    13.6.2.2  Permit Eligibility Regarding Protection of Water Quality 
Standards and Compliance with State Anti-degradation Requirements: 
Storm water discharges associated with industrial activity to 303(d) 
waters as well as all other ``waters of the State'' that SWQB has 
determined to be or may reasonably be expected to be contributing to a 
violation of a water quality standard

[[Page 64859]]

and/or that do not comply with the applicable anti-degradation 
provisions of the State's WQS are not authorized by this permit.

    Note: Upon receipt of this determination, NMED anticipates that, 
within a reasonable period of time, EPA will notify the general 
permittee to apply for and obtain an individual NPDES permit for 
these discharges per 40 CFR 122.28(b)(3).

    13.6.2.3  Signed Copies of discharge monitoring reports, individual 
permit applications, the data and reports addressed in Part 13.6.2.1, 
and all other reports required herein, shall be submitted to the 
appropriate state office address: New Mexico--Program Manager, Point 
Source Regulation Section, Surface Water Quality Bureau, New Mexico 
Environment Department, P.O. Box 26110, Santa Fe, New Mexico 87502.
    13.6.3.  NMR05*##I: Indian Country lands in the State of New 
Mexico, except Navajo Reservation lands (see Region 9) and Ute Mountain 
Reservation lands (see Region 8).
    13.6.3.1  Pueblo of Isleta The following conditions apply only to 
discharges on the Pueblo of Isleta.
    13.6.3.1.1  Copies of ``Certification of Eligibility of Coverage'' 
under Part 1.2.3.6.3 (Endangered Species) and Part 1.2.3.7 (Historical 
Properties), and their justifications, must be provided to the Tribe 10 
days prior to filing the Notice of Intent (NOI).
    13.6.3.1.2  A copy of the Storm Water Pollution Prevention Plan 
(SWPPP) must be provided to the Tribe 5 days prior to filing the NOI.
    13.6.3.1.3  A copy of the NOI must be provided to the Tribe at the 
same time it is sent to the Environmental Protection Agency.
    13.6.3.1.4  A copy of the Notice of Termination (NOT) must be 
provided to the Tribe at the same time it is sent to the Environmental 
Protection Agency.
    13.6.3.1.5  Any notice of release of hazardous substances (Part 
3.1.2) shall also be sent to the Tribe at the same time it is sent to 
the Environmental Protection Agency. Notification of a release of 
hazardous substances shall also be made to the Pueblo's Police 
Department (505-869-3030) or Governor's Office (505-869-3111) or 
Environment Department (505-869-5748).
    13.6.3.1.6  Copies of all ``Routine Inspection Reports: (Part 
4.2.7.2.1.5) and ``Comprehensive Inspection Reports'' (Part 4.9) shall 
be sent to the Tribe within 5 days of completion.
    13.6.3.1.7  All analytical data (e.g., Discharge Monitoring 
Reports, etc.) shall be provided to the Tribe at the same time it is 
provided to the EPA.
    13.6.3.1.8  Exceedance of any EPA-established ``Benchmark Value'' 
for any pollutant will require quarterly monitoring for that pollutant 
until such time as analytical results from 4 consecutive quarters are 
below the ``Benchmark.''
    13.6.3.1.9  Any permittee in Sector F shall monitor for all Clean 
Water Act Section 307(a) priority pollutants used in any of their 
processes. Monitoring shall be on a quarterly basis.
    13.6.3.1.10  Any permittee in Sector M shall monitor for total oil 
& grease, glycols, and those solvents regulated under Safe Drinking 
Water Act mandates at 40 CFR 141.61(a) in addition to those parameters 
identified in Table M-1. Monitoring shall be on a quarterly basis.
    13.6.3.1.11  Any permittee in Sector N shall monitor for PCBs in 
addition to those parameters identified in Table N-1. Monitoring shall 
be on a quarterly basis.
    13.6.3.1.12  All written reports shall be sent to: Director, 
Environment Department, Pueblo of Isleta, Isleta, NM 87022.
    13.6.3.2  Pueblo of Nambe. The following conditions apply only to 
discharges on the Pueblo of Nambe.
    No additional requirements.
    13.6.3.3  Pueblo of Picuris. The following conditions apply only to 
discharges on the Pueblo of Picuris.
    13.6.3.4  Pueblo of Pojoaque. The following conditions apply only 
to discharges on the Pueblo of Pojoaque.
    13.6.3.4.1  Notices of Intent (NOI) and notices of Termination 
(NOT) shall be submitted to the Pueblo of Pojoaque Environment 
Department at the same time they are submitted to EPA.
    13.6.3.4.2  Storm Water Pollution Prevention Plans (SWPPP) shall be 
submitted to the Pueblo of Pojoaque Environment Department 30 days 
before commencement of the project.
    13.6.3.4.3  If requested by the Pueblo of Pojoaque Environment 
Department (PPED), the permittee shall provide additional information 
necessary for a ``case by case'' eligibility determination to assure 
compliance with Pojoaque Pueblo Water Quality Standards.

    Note: Upon receipt of an determination by the Pueblo of Pojoaque 
that discharges from a facility have the reasonable potential to be 
causing or contributing to a violation of Pojoaque Pueblo Water 
Quality Standards, EPA would notify the general permittee to either 
improve their Storm Water Pollution Prevention Plan to achieve 
compliance with Pojoaque Pueblo Water Quality Standards or apply for 
and obtain an individual NPDES permit for these discharges per 40 
CFR 122.28(b)(3).

    13.6.3.4.4  All written reports shall be sent to: Pueblo of 
Pojoaque Environment Department, 2 W. Gutierrez, Santa Fe, NM 87501; 
Phone (505) 455-2087; FAX (505) 455-2177.
    13.6.3.5  Pueblo of San Juan. The following conditions apply only 
to discharges on the Pueblo of San Juan.
    13.6.3.5.1  Copies of the Notice of Intent (NOI) and Notice of 
Termination (NOT) shall be provided to the Pueblo five (5) days prior 
to the time it is provided to the Environmental Protection Agency. A 
copy of the Storm Water Pollution Prevention Plan shall be provided to 
the Pueblo five (5) days prior to the time the NOI is submitted to the 
Environmental Protection Agency.
    13.6.3.5.2  All analytical data (e.g., Discharge Monitoring 
Reports, etc.) shall be provided to the Pueblo at the same time it is 
provided to the Environmental Protection Agency. Monitoring activities 
must be coordinated with the Director of the Environment Department to 
insure consistency with the Pueblo of San Juan Surface Water Quality 
Monitoring Program.
    13.6.3.5.3  Copies of all written reports required under the permit 
shall be sent to: Director, Environment Department, San Juan Pueblo, 
P.O. Box 717, San Juan Pueblo, NM 87566. For questions or coordination, 
you may contact the Director at (505) 852-4212.
    13.6.3.6  Pueblo of Sandia. The following conditions apply only to 
discharges on the Pueblo of Sandia.
    13.6.3.6.1  Copies of the Notice of Intent (NOI) and Notice of 
Termination (NOT) shall be provided to the Pueblo at the same time it 
is provided to the Environmental Protection Agency. A copy of the Storm 
Water Pollution Prevention Plan must also be provided to the Pueblo at 
the time the NOI is submitted.
    13.6.3.6.2  All analytical data (e.g., Discharge Monitoring 
Reports, etc) shall be provided to the Pueblo at the same time it is 
provided to the Environmental Protection Agency.
    13.6.3.6.3  All written reports shall be sent to: Director, 
Environment Department, Pueblo of Sandia, Box 6008, Bernalillo, NM 
87004.
    13.6.3.7  Pueblo of Tesuque. The following conditions apply only to 
discharges on the Pueblo of Tesuque. No additional requirements.
    13.6.3.8  Santa Clara Pueblo. The following conditions apply only 
to discharges on the Santa Clara Pueblo. No additional requirements.
    13.6.3.9  All Other Indian Country lands in New Mexico. No 
additional requirements.

[[Page 64860]]

    13.6.4.  OKR05*##I: Indian Country lands within the State of 
Oklahoma. No additional requirements.
    13.6.5.  OKR05*##F: Facilities in the State of Oklahoma not under 
the jurisdiction of the Oklahoma Department of Environmental Quality, 
except those on Indian Country lands.
    13.6.5.1  Ineligible Discharges to the Oklahoma Scenic Rivers 
System and Outstanding Resource Waters--New or proposed discharges to 
the Oklahoma Scenic Rivers System, including the Illinois River, Flint 
Creek, Barren Fork Creek, Mountain Fork, Little Lee Creek, and Big Lee 
Creek or to any water designated an ``Outstanding Resource Water'' 
(ORW) in Oklahoma's Water Quality Standards are not eligible for 
coverage under the MSGP. Existing discharges of storm water in these 
watersheds may be permitted under the MSGP only from point sources 
existing as of June 25, 1992, whether or not such storm water 
discharges were permitted as point sources prior to June 25, 1992.
    13.6.6.  TXR05*###: The State of Texas, except Indian Country 
lands. 13.6.6.1  The following limitations, independently required 
under the Texas Water Quality Standards (31 TAC 319.22 and 319.23), 
apply to discharges authorized by the permit:
    13.6.6.1.1  All Discharges to Inland Waters: The maximum allowable 
concentrations of each of the hazardous metals, stated in terms of 
milligrams per liter (mg/l), for discharges to inland waters are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                        Monthly         Daily
                            Total metal                                 average       composite     Single grab
----------------------------------------------------------------------------------------------------------------
Arsenic............................................................          0.1            0.2             0.3
Barium.............................................................          1.0            2.0             4.0
Cadmium............................................................          0.05           0.1             0.2
Chromium...........................................................          0.5            1.0             5.0
Copper.............................................................          0.5            1.0             2.0
Lead...............................................................          0.5            1.0             1.5
Manganese..........................................................          1.0            2.0             3.0
Mercury............................................................          0.005          0.005           0.01
Nickel.............................................................          1.0            2.0             3.0
Selenium...........................................................          0.05           0.1             0.2
Silver.............................................................          0.05           0.1             0.2
Zinc...............................................................          1.0            2.0             6.0
----------------------------------------------------------------------------------------------------------------

    13.6.6.1.2All Discharges to Tidal Waters: The maximum allowable 
concentrations of each of the hazardous metals, stated in terms of 
milligrams per liter (mg/l), for discharges to tidal waters are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                        Monthly         Daily
                            Total metal                                 average       composite     Single grab
----------------------------------------------------------------------------------------------------------------
Arsenic............................................................          0.1            0.2             0.3
Barium.............................................................          1.0            2.0             4.0
Cadmium............................................................          0.1            0.2             0.3
Chromium...........................................................          0.5            1.0             5.0
Copper.............................................................          0.5            1.0             2.0
Lead...............................................................          0.5            1.0             1.5
Manganese..........................................................          1.0            2.0             3.0
Mercury............................................................          0.005          0.005           0.01
Nickel.............................................................          1.0            2.0             3.0
Selenium...........................................................          0.10           0.2             0.3
Silver.............................................................          0.05           0.1             0.2
Zinc...............................................................          1.0            2.0             6.0
----------------------------------------------------------------------------------------------------------------

    13.6.6.1.3  Definitions:
    Inland Waters--all surface waters in the State other than ``tidal 
waters'' as defined below.
    Tidal Waters--those waters of the Gulf of Mexico within the 
jurisdiction of the State of Texas, bays and estuaries thereto, and 
those portions of the river systems which are subject to the ebb and 
flow of the tides, and to the intrusion of marine waters.
    13.6.7.  TXR05*##I: Indian Country lands within the State of Texas. 
No additional requirements.
    13.7.  Region 7. Permit Coverage Not Available.
    13.8.  Region 8.
    13.8.1.  COR05*##F: Federal Facilities in the State of Colorado, 
except those located on Indian country lands.
    13.8.2.  COR05*##I: Indian country lands within the State of 
Colorado, including the portion of the Ute Mountain Reservation located 
in New Mexico.
    13.8.3.  MTR05*##I: Reserved
    13.8.4.  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 which is 
covered under South Dakota permit SDR05*##I listed below.
    13.8.5.  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 which is covered 
under North Dakota permit NDR05*##I listed above.
    13.8.6.  UTR05*##I: Indian country lands in the State of Utah, 
except Goshute and Navajo reservation lands (see Region 9).
    13.8.7.  WYR05*##I: Indian country lands in the State of Wyoming.
    13.9.  Region 9. 
    13.9.1.  ASR05*###: The Island of American Samoa.
    13.9.1.1.  Copies of NOIs shall also be submitted to the American 
Samoa Environmental Protection Agency at the following address 
concurrently with NOI submittal to EPA: American Samoa Environmental 
Protection Agency, Executive Office Building, Pago Pago, American Samoa 
96799.
    13.9.1.2.  Updated storm water pollution prevention plans must be

[[Page 64861]]

submitted to the American Samoa Environmental Protection Agency at the 
following address for review and approval as soon as they are 
completed: American Samoa Environmental Protection Agency, Executive 
Office Building, Pago Pago, American Samoa 96799.
    13.9.2.  AZR05*###: The State of Arizona, except Indian country 
lands.
    13.9.2.1.  Discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality standard of 
the State of Arizona (Arizona Administrative Code, Title 18, Chapter 
11).
    13.9.2.2.  Notices of Intent (NOIs) shall also be submitted to the 
State of Arizona Department of Environmental Quality at the following 
address: Storm Water Coordinator, Arizona Department of Environmental 
Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012. NOIs submitted 
to the State of Arizona shall include the well registration number if 
storm water associated with industrial activity is discharged to a dry 
well or an injection well.
    13.9.2.3.  Notices of Termination (NOTs) shall also be submitted to 
the State of Arizona Department of Environmental Quality at the 
following address: Storm Water Coordinator, Arizona Department of 
Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012.
    13.9.2.4.  For facilities which submit a no exposure certification 
in accordance with Part 1.5 of the permit, the operator shall submit a 
copy of the no exposure certification to the State of Arizona 
Department of Environmental Quality at the following address: Storm 
Water Coordinator, Arizona Department of Environmental Quality, 3033 N. 
Central Avenue, Phoenix, Arizona 85012.
    13.9.2.5.  SARA Section 313 (Community Right to Know) facilities 
shall have the following requirement: Liquid storage areas for Section 
313 water priority chemicals shall be operated to minimize discharges 
of such chemicals. Appropriate measures to minimize discharges of 
Section 313 chemicals shall include: provision of secondary containment 
for at least the entire contents of the largest tank plus sufficient 
freeboard to allow for the 25-year, 24-hour precipitation event; a 
strong spill contingency and integrity testing plan, and/or other 
equivalent measures.
    13.9.2.6.  Delineation of Facility Areas Within the 100-Year 
Floodplain. All facilities or any portion of a facility that is located 
at or within the 100-year floodplain shall be delineated on the site 
map. The base flood elevation, if known, shall also be reported.
    13.9.2.7.  Facilities subject to monitoring and reporting 
requirements shall also submit Discharge Monitoring Report Form(s) 
(DMR) and other required monitoring information to the State of Arizona 
Department of Environmental Quality at the following address: Storm 
Water DMR Coordinator, Arizona Department of Environmental Quality, 
3033 N. Central Avenue Phoenix, Arizona 85012.
    13.9.2.8.  The term ``Significant Sources of Non-Storm Water'' 
includes, but is not limited to discharges which could cause or 
contribute to violations of water quality standards of the State of 
Arizona, and discharges which could include releases of oil or 
hazardous substances in excess of reportable quantities under Section 
311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or 
Section 102 of CERCLA (see CFR 302.4).
    13.9.2.9.  The term ``Base Flood Elevation'' as defined by Federal 
Emergency Management Agency (FEMA) is the height of the base (100-year) 
flood in relation to a specified datum, usually the National Geodetic 
Vertical Datum of 1929 of North American Vertical Datum of 1988. This 
is the elevation of the 100-year flood waters relative to ``mean sea 
level.''
    13.9.2.10.  The term ``100-year flood'' means the flood having a 
one percent chance of being equaled or exceeded in magnitude in any 
given year.
    13.9.2.11.  The term ``100-year floodplain'' means that area 
adjoining a river, stream, or watercourse covered by water in the event 
of a 100-year flood.
    13.9.3.  AZR05*##I: Indian country lands within the State of 
Arizona, including Navajo Reservation lands in New Mexico and Utah.
    13.9.3.1.  White Mountain Apache Tribe. The following condition 
applies only on the White Mountain Apache Tribe: All NOIs for proposed 
storm water discharge coverage shall be provided to the following 
address: Tribal Environmental Planning Office, Attn: Brenda Pusher-
Begay, P.O. Box 1000, Whiteriver, AZ 85941.
    13.9.4.  CAR05*##I: Indian country lands within the State of 
California No additional requirements.
    13.9.5.  GUR05*###: The Island of Guam.
    13.9.5.1.  Facilities ineligible for Multi-Sector General Permit 
coverage which are required to submit an individual NPDES permit 
application must send a copy to the following address at the time of 
submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439 
GMF, Barrigada, Guam 96921.
    13.9.5.2.  Copies of NOIs shall also be submitted to the following 
address concurrently with NOI submittal to EPA: Guam Environmental 
Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.
    13.9.5.3.  Permittees required by the Director to submit an 
individual NPDES permit application or alternative general NPDES permit 
application must send a copy to the following address at the time of 
submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439 
GMF, Barrigada, Guam 96921.
    13.9.6.  JAR05*###: Johnston Atoll. No additional requirements.
    13.9.7.  MWR05*###: Midway Island and Wake Island. No additional 
requirements.
    13.9.8.  NIR05*###: Commonwealth of the Northern Mariana Islands 
(CNMI)
    13.9.8.1.  All conditions and requirements set forth in the USEPA 
final NPDES MSGP must be complied with.
    13.9.8.2.  A storm water pollution prevention plan (SWPPP) for 
storm water discharges associated with industrial activity must be 
approved by the Director of the CNMI DEQ prior to the submission of the 
NOI to USEPA. The CNMI address for the submittal of the SWPPP for 
approval is: Commonwealth of the Northern Mariana Islands, Office of 
the Governor, Director, Division of Environmental Quality (DEQ), P.O. 
Box 501304 C.K., Saipan, MP 96950-1304.
    13.9.8.3.  An NOI to be covered by the storm water MSGP for 
discharges associated with industrial activity must be submitted to 
CNMI DEQ (use above address) and USEPA, Region 9, in the form 
prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI 
DEQ.
    13.9.8.4.  The NOI must be postmarked seven (7) calendar days prior 
to any stormwater discharges and a copy must be submitted to the 
Director of CNMI DEQ (use above address) no later than seven (7) 
calendar days prior to any stormwater discharges.
    13.9.8.5.  All monitoring reports required by the MSGP must be 
submitted to CNMI DEQ (use above address).
    13.9.8.6.  In accordance with section 10.3(h) and (i) of CNMI water 
quality standards, CNMI DEQ reserves the right to deny coverage under 
the MSGP and to require submittal of an application for an individual 
NPDES permit based on a review of the NOI or other information made 
available to the Director.

[[Page 64862]]

    13.9.9.  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. No 
additional requirements.
    13.10.  Region 10. 
    13.10.1.  (The terms and conditions of the 1995 Multi-Sector 
General Permit are effective for facilities in the State of Alaska 
through February 9, 2001.)
    13.10.2.  AKR05*##I: Indian country Lands within the State of 
Alaska.
    13.10.3.  IDR05*### The State of Idaho, except Indian country 
lands.
    13.10.4.  IDR05*##I: Indian country lands within the State of 
Idaho, except Duck Valley Reservation lands (see Region 9).
    13.10.5.  ORR05*##I: Indian country lands in the State of Oregon 
except Fort McDermitt Reservation lands (see Region 9).
    13.10.6.  WAR05*##I: Indian country lands within the State of 
Washington
    13.10.6.1  Permittees on Chehalis Reservation lands must also meet 
the following conditions:
    1. The permittee shall be responsible for achieving compliance with 
Confederated Tribes of Chehalis Reservation's Water Quality Standards, 
and
    2. The permittee shall be responsible for submitting all Storm 
Water Pollution Prevention Plans to the Chehalis Tribal Department of 
Natural Resources at the following address for review and approval 
prior to the beginning of any discharge activities taking place: 
Confederated Tribes of Chehalis Reservation, Department of Natural 
Resources, 420 Howanut Road, Oakville, WA 98568.
    13.10.6.2  Permittees on Puyallup Reservation lands must also meet 
the following conditions:
    1. The permittee shall be responsible for achieving compliance with 
Puyallup Tribe's Water Quality Standards;
    2. The permittee shall submit a copy of the Notice of Intent to be 
covered by the general permit to the Puyallup Tribe Environmental 
Department at the address listed below at the same time it is submitted 
to U.S. EPA;
    3. The permittee shall be responsible for submitting all Storm 
Water Pollution Prevention Plans to the Puyallup Tribe Environmental 
Department at the following address for review and approval prior to 
the beginning of any discharge activities taking place: Puyallup Tribe 
Environmental Department, 2002 East 28th Street, Tacoma, WA 98404.
    13.10.7.  WAR05*##F: Federal Facilities in the State of Washington, 
except those located on Indian country lands.
    13.10.7.1  Discharges authorized by this permit shall not cause or 
contribute to a violation of any applicable water quality standard of 
the State of Washington. These standards are found at Chapter 173-201A 
WAC (Water Quality Standards for Surface Waters), Chapter 173-204 WAC 
(Sediment Management Standards) and the National Toxics Rule for human 
health standards (57 FR 60848-60923).
    13.10.7.2  Any operator of a facility in Sectors A, D, E, F, G, H, 
J, L, M, N, or U who intends to obtain authorization under the MSGP-
2000 for all new and existing storm water discharges must conduct and 
report benchmark monitoring for turbidity with a cutoff concentration 
of 50 NTU.

Addendum A--Endangered Species Guidance

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) pose 
no jeopardy to 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.
    You also have an independent ESA obligation to ensure that your 
activities do not result in any prohibited ``takes'' of listed 
species.\1\ 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.
---------------------------------------------------------------------------

    \1\ 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 is 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 Sec. 7 consultation on a separate 
federal action (e.g., New Source review under NEPA, application for 
a dredge

[[Page 64863]]

and fill permit under CWA Sec. 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 best judgment, 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 Storm Water 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 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 the 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 a 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 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 http://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 your 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

[[Page 64864]]

steps will also protect critical habitat. However, obligations to 
protect habitat under this permit are separate from those to protect 
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 completed consultation under ESA Sec. 7 for 
your facility (Criteria B) => proceed to 2-B
     There is a previously issued ESA Sec. 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 Sec. 7 consultation 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-B-1 Did the ESA Sec. 7 consultation result in 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 Sec. 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 Sec. 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 another 
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 are unable to certify eligibility under Criteria A, B, C, 
or E, you must assess whether your storm water discharges, allowable 
non-storm water discharges, and discharge-related activities are 
likely to pose jeopardy to 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.
    Effects from storm water discharges, allowable non-storm water 
discharges, and discharge-related activities which could pose 
jeopardy 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 pose jeopardy to 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 any jeopardy 
to 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 best judgment, can you determine your facility's storm 
water discharges, allowable non-storm water discharges, and 
discharge-related activities are unlikely to pose jeopardy to 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). Signature and submittal 
of the NOI is also deemed to constitute your certification, under 
penalty of law, of your eligibility for permit coverage.

[[Page 64865]]

    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 determined that 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 Sec. 7 consultation.
Criteria C--A copy of the Service(s)'s letter transmitting the ESA 
Sec. 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 do not pose jeopardy to listed species 
and/or critical habitat. You must incorporate such terms and 
conditions in your facility's Storm Water 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

USFWS, Region One--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 911 NE 11 Avenue, Portland, OR 97232-4181, 
(503) 231-6121

State, Field, and Project Offices (Region One)

Field Supervisor, U.S. Fish and Wildlife Service, P.O. Box 50088, 
300 Ala Moana Blvd., Rm 3108, Honolulu, HI 96850
Field Supervisor, U.S. Fish and Wildlife Service, Upper Columbia R. 
Basin F&W Office, 11103 East Montgomery Drive, Ste 2, Spokane, WA 
99306
State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and 
Wildlife Office, 2600 S.E 98th Avenue Suite 100, Portland, OR 97266
Field Supervisor, U.S. Fish and Wildlife Service, Snake River Basin 
F&W Office, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709
State Supervisor, U.S. Fish and Wildlife Service, Nevada State 
Office, 4600 Kietzke Lane, Building C, Rm. 125, Reno, NV 89502-5093
State Supervisor, U.S. Fish and Wildlife Service, Western Washington 
F&W Office, 510 Desmond Dr., Suite 102, Lacey, WA 98503-1273
Field Supervisor, U.S. Fish and Wildlife Service, Klamath Falls F&W 
Office, 6600 Washburn Way, Klamath Falls, OR 97603
Field Supervisor, U.S. Fish and Wildlife Service, Klamath River F&W 
Office, 1215 South Main, Suite 212, Yreka, CA 96097-1006
Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office, 2730 Loker Avenue West, Carlsbad, CA 92008
Field Supervisor, U.S. Fish and Wildlife Service, Ventura Field 
Office, 2493 Portola Road, Suite B, Ventura, CA 93003
Project Leader, U.S. Fish and Wildlife Service, Coastal California 
Fish and Wildlife Office, 1125 16th St., Rm. 209, Arcata, CA 95521-
5582
Project Leader, U.S. Fish and Wildlife Service, Northern Central 
Valley F&W Office, 10959 Tyler Road, Red Bluff, CA 96080
State Supervisor, U.S. Fish and Wildlife Service, California State 
Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 95821-6340
Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish & 
Wildlife Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 
95821-6340

USFWS Region Two--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, P.O. Box 1306, Albuquerque, NM 87103

State, Field, and Project Offices (Region Two)

Field Supervisor, U.S. Fish and Wildlife Service, Corpus Christi 
Field Office, 6300 Ocean Dr., Campus Box 338, Corpus Christi, TX 
78412
Field Supervisor, U.S. Fish and Wildlife Service, Arlington Field 
Office, 711 Stadium Dr., East, Suite 252, Arlington, TX 76011
Field Supervisor, U.S. Fish and Wildlife Service, Clear Lake Field 
Office, 17629 El Camino Real, Suite 211, Houston, TX 77058
Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Field 
Office, 222 S. Houston, Suite a, Tulsa, OK 74127
Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Field 
Office, 2105 Osuna, NE, Albuquerque, NM 87113
Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological 
Serv. Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758
Field Supervisor, U.S. Fish and Wildlife Service, Arizona State 
Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951

USFWS Region Three--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, BHW Federal Bldg, 1 Federal Drive, Fort 
Snelling, MN 55111-4056

State, Field, and Project Offices (Region Three)

Field Supervisor, U.S. Fish and Wildlife Service, Chicago, Illinois 
Field Office, 1000 Hart Rd., Suite 180, Barrington, IL 60010
Field Supervisor, U.S. Fish and Wildlife Service, East Lansing Field 
Office, 2651 Coolidge Road, East Lansing, MI 48823
Field Supervisor, U.S. Fish and Wildlife Service, Reynoldsburg Field 
Office, 6950 Americana Parkway, Suite H, Reynoldsburg, OH 43068-4132
Field Supervisor, U.S. Fish and Wildlife Service, Bloomington Field 
Office, 620 South Walker Street, Bloomington, IN 47403-2121
Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities E.S. 
Field Office, 4101 East 80th Street, Bloomington, MN 55425-1665
Field Supervisor, U.S. Fish and Wildlife Service, Columbia Field 
Office, 608 East Cherry Street, Room 200, Columbia, MO 65201-7712
Field Supervisor, U.S. Fish and Wildlife Service, Green Bay Field 
Office, 1015 Challenger Court, Green Bay, WI 54311-8331
Field Supervisor, U.S. Fish and Wildlife Service, Rock Island Field 
Office, 4469 48th Avenue Court, Rock Island, IL 61201
Field Supervisor, U.S. Fish and Wildlife Service, Marion Suboffice, 
Route 3, Box 328, Marion, IL 62959-4565

USFWS Region Four--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD--Ecological Services, 1875 Century Blvd., Suite 200, Atlanta, GA 
30345

State, Field, and Project Offices (Region Four)

Field Supervisor, U.S. Fish and Wildlife Service, Panama City Field 
Office, 1612 June Avenue, Panama City, FL 32405-3721
Field Supervisor, U.S. Fish and Wildlife Service, South Florida 
Ecosystem Field Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676, Vero 
Beach, FL 32961-2676
Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Field 
Office, P.O. Box 491, Boqueron, PR 00622
Field Supervisor, U.S. Fish and Wildlife Service, Puerto Rican 
Parrot Field Office, P.O. Box 1600, Rio Grande, PR 00745
Field Supervisor, U.S. Fish and Wildlife Service, Brunswick Field 
Office, 4270 Norwich Street, Brunswick, GA 31520-2523
Field Supervisor, U.S. Fish and Wildlife Service, Jacksonville Field 
Office, 6620 Southpoint Drive S., Suite 310, Jacksonville, FL 32216-
0912
Field Supervisor, U.S. Fish and Wildlife Service, Charleston Field 
Office, 217 Ft. Johnson Road, P.O. Box 12559, Charleston, SC 29422-
2559
Field Supervisor, U.S. Fish and Wildlife Service, Clemson F.O., 
Dept. of Forest Resources, 261 Lehotsky Hall, Box 341003, Clemson, 
SC 29634-1003
Field Supervisor, U.S. Fish and Wildlife Service, Raleigh Field 
Office, P.O. Box 33726, Raleigh, NC 27636-3726
Field Supervisor, U.S. Fish and Wildlife Service, Cookeville Field 
Office, 446 Neal Street, Cookeville, TN 38501

[[Page 64866]]

Field Supervisor, U.S. Fish and Wildlife Service, Asheville Field 
Office, 160 Zillicoa Street, Asheville, NC 28801
Field Supervisor, U.S. Fish and Wildlife Service, Daphne Field 
Office, P.O. Drawer 1190, Daphne, AL 36526
Field Supervisor, U.S. Fish and Wildlife Service, Vicksburg Field 
Office, 2524 S. Frontage Road, Suite B, Vicksburg, MS 39180-5269
Field Supervisor, U.S. Fish and Wildlife Svc., Lafayette Field 
Office, Brandywine II, Suite 102, 825 Kaliste Saloom Road, 
Lafayette, LA 70508
Field Supervisor, U.S. Fish and Wildlife Service, Jackson Field 
Office, 6578 Dogwood View Pkwy Suite A, Jackson, MS 39213

Region Five--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 300 Westgate Center Drive, Hadley, MA 
01035-9589

State, Field and Project Offices (Region Five)

Project Leader, U.S. Fish and Wildlife Service, Delaware Bay Estuary 
Project, 2610 Whitehall Neck Road, Smyrna, DE 19977
Project Leader, U.S. Fish and Wildlife Service, Southern New 
England/NYBCE Program, Shoreline Plaza, Route 1A, P.O. Box 307, 
Charlestown, RI 02813
Project Leader, U.S. Fish and Wildlife Service, Gulf of Maine 
Project, 4 R Fundy Road, Falmouth, ME 04105
Project Leader U.S. Fish and Wildlife Service, Chesapeake Bay Field, 
Office, 177 Admiral Cochrane Drive, Annapolis, Maryland 21401
Project Leader, U.S. Fish and Wildlife Service, Virginia Field 
Office, P.O. Box 99, 6669 Short Lane, Gloucester, VA 23061
Project Leader, U.S. Fish and Wildlife Service, Southwestern 
Virginia Field Office, P.O. Box 2345, Abingdon, VA 24212
Project Leader, U.S. Fish and Wildlife Service, New England Field 
Office, 22 Bridge St., Unit #1, Concord, New Hampshire 03301-4986
Project Leader, U.S. Fish and Wildlife Service, Maine Field Office, 
1033 South Main St., Old Town, Maine 04468
Project Leader, U.S. Fish and Wildlife Service, Rhode Island Field 
Office, Shoreline Plaza, Route 1A; P.O. Box 307, Charlestown, Rhode 
Island 02813
Project Leader, U.S. Fish and Wildlife Service, Vermont Field 
Office, 11 Lincoln Street, Winston Prouty Federal Building, Essex 
Junction, VT 05452
Project Leader, U.S. Fish and Wildlife Service, New Jersey Field 
Office, 927 North Main St., Bldg. D1, Pleasantville, New Jersey 
08232
Project Leader, U.S. Fish and Wildlife Service, New York Field 
Office, 3817 Luker Road, Cortland, New York 13045
Project Leader, U.S. Fish and Wildlife Service, Long Island Field 
Office, P.O. Box 608, Islip, New York 11751-0608
Project Leader, U.S. Fish and Wildlife Service, Pennsylvania Field 
Office, 315 S. Allen St., Suite 322, State College, Pennsylvania 
16801
Project Leader, U.S. Fish and Wildlife Service, Eastern Pennsylvania 
Field Office, 11 Hap Arnold Boulevard, Box H, Tobyhanna, 
Pennsylvania 18466-0080
Project Leader, U.S. Fish and Wildlife Service, West Virginia Field 
Office, Route 250, S.--Elkins Shopping Plaza, Elkins, West Virginia 
26241

Region Six--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD-Ecological Services, P.O. Box 25486, DFC, Denver, CO 80225

State, Field, and Project Offices (Region Six)

Field Supervisor, U.S. Fish and Wildlife Service, Montana Field 
Office, 100 N. Park, Suite 320, Helena, MT 59601
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Billings Sub-
Office, 2900 4th Ave. North-Rm 301, Billings, MT 59101
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Kalispell 
Sub-Office, 780 Creston Hatchery Road, Kalispell, MT 59901
Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, 
Forestry Sciences Lab, University of Montana, Missoula, MT 59812
Field Supervisor, U.S. Fish and Wildlife Service, North Dakota Field 
Office, 1500 Capitol Avenue, Bismarck, ND 58501
Field Supervisor, U.S. Fish and Wildlife Service, Nebraska Field 
Office, 203 W. 2nd Street; Federal Bldg., 2nd Floor, Grand Island, 
NE 68801
Field Supervisor, U.S. Fish and Wildlife Service, Kansas Field 
Office, 315 Houston, Suite E, Manhattan, KS 66502
Field Supervisor, U.S. Fish and Wildlife Service, South Dakota Field 
Office, 420 S. Garfield Ave., Suite 400, Pierre, SD 57501-5408
Field Supervisor, U.S. Fish and Wildlife Service, Salt Lake City 
Field Office, Lincoln Plaza, 145 East 1300 South--Suite 404, Salt 
Lake City, UT 84115
Field Supervisor, U.S. Fish and Wildlife Service, Colorado Field 
Office, 730 Simms, Suite 290, Golden, CO 80401-4798
Field Supervisor, U.S. Fish and Wildlife Service, Western Colorado 
Field Office, 764 Horizon Drive South, Annex A, Grand Junction, CO 
81506-3946
Field Supervisor, U.S. Fish and Wildlife Service, Wyoming Field 
Office, 4000 Morrie Avenue, Cheyenne, WY 82001
E.S. Coordinator, U.S. Fish and Wildlife Service, Rocky Mountain 
Arsenal, National Wildlife Area, Building 111, Commerce City, CO 
80022-1748
Colorado River Recovery Coordinator, U.S. Fish and Wildlife Service, 
P.O. Box 25486, DFC, Denver, CO 80225
U.S. Fish and Wildlife Service, Laramie Black Footed Ferret Office, 
410 Grand Ave., Suite 315, Laramie, WY 80270

Region Seven--Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 1011 E. Tudor Road, Anchorage, AK 99503

State, Field, and Project Offices (Region Seven)

Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501
Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 101 12th Avenue, Box 19 (Room 232), Fairbanks, AK 99701
Field Supervisor, U.S. Fish and Wildlife Service, Ketchikan Sub-
office, 103 Main Street, P.O. Box 3193, Ketchikan, AK 99901
Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 300 Vintage Blvd., Suite 201, Juneau, AK 99801
Region Eight--Has not yet been created out of the other FWS Regions 
at the time of this posting.

Region Nine

Janet Ady--Outreach, U.S. Fish and Wildlife Service, National 
Conservation Training Center, Route 3, Box 49, Kearneysville, WV 
25430
Dan Benfield--Training, U.S. Fish and Wildlife Service, National 
Conservation Training Center, Route 3, Box 49, Kearneysville, WV 
25430

III. National Marine Fisheries Service Offices

    The National Marine Fisheries Service is developing a database 
to provide county and territorial water (up to three miles offshore) 
information on the presence of endangered and threatened species and 
critical habitat. The database should be found at the ``Office of 
Protected Resources'' site on the NMFS Homepage at http://www.nmfs.gov.

Regional and Field Offices--Northeast Region

Protected Resources Program, National Marine Fisheries Service, 
Northeast Region, One Blackburn Drive, Gloucester, Massachusetts 
01930
Milford Field Office, National Marine Fisheries Service, 212 Rogers 
Avenue, Milford, Connecticut 06460
Oxford Field Office, National Marine Fisheries Service, 904 So. 
Morris Street, Oxford, Maryland 21654
Sandy Hook Field Office, James J. Howard Marine Sciences Laboratory, 
National Marine Fisheries Service, 74 Magruder Road, Highlands, New 
Jersey 07732
Protected Species Branch, National Marine Fisheries Service, 
Northeast Fisheries Science Center, 166 Water Street, Woods Hole, 
Massachusetts 02543

Southeast Region

Protective Species Management Branch, National Marine Fisheries 
Service, Southeast Region, 9721 Executive Center Drive, St. 
Petersburg, Florida 33702-2432

Northwest Region

Protected Species Division, National Marine Fisheries Service, 
Northwest Region, 525 NE Oregon, Suite 500, Portland, Oregon 97232-
2737
Boise Field Office, National Marine Fisheries Service, 1387 S. 
Vinnel Way, Suite 377, Boise, Idaho 83709
Olympia Field Office, National Marine Fisheries Service, 510 Desmond 
Drive, SE, Suite 103, Lacey, Washington 98503

[[Page 64867]]

Roseburg Field Office, National Marine Fisheries Service, 2900 
Stewart Parkway NW, Roseburg, Oregon 97470
Rufus Field Office, National Marine Fisheries Service, P.O. Box 67, 
704 ``E'' 1st, Rufus, Oregon 97050

Southwest Region

Protected Species Management Division, Southwest Region, National 
Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long 
Beach, California 90802-4213
Arcata Field Office, National Marine Fisheries Service, 1125 16th 
Street, Room 209, Arcata, California 95521
Eureka Field Office, National Marine Fisheries Service, 1330 
Bayshore Way, Eureka, California 95501
Pacific Islands Area Field Office, National Marine Fisheries 
Service, 2570 Dole Street, Room 106, Honolulu, Hawaii 96822-2396
Santa Rosa Field Office, Protected Resources Program, National 
Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, 
California 95404

Alaska Region

Protected Resources Management, Division, Alaska Region, National 
Marine Fisheries Service, 709 West 9th Street, Federal Building 461, 
P.O. Box 21767, Juneau, Alaska 99802
Anchorage Office, 222 West 7th Avenue, Box 10, Anchorage, Alaska 
99513-7577

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:
Alabama Natural Heritage Program, Huntingdon College, Massey Hall, 
1500 East Fairview Avenue, Montgomery, AL 36106-2148, (334) 834-4519 
Fax: (334) 834-5439, Internet: [email protected]
Alaska Natural Heritage Program, University of Alaska Anchorage, 707 
A Street, Anchorage, AK 99501, 907/257-2702 Fax: 907/258-9139, 
Program Director: David Duffy, 257-2707, Internet: 
[email protected]
Arizona Heritage Data Management System, Arizona Game & Fish 
Department, WM-H, 2221 W. Greenway Road, Phoenix, AZ 85023, 602/789-
3612 Fax: 602/789-3928, Internet: [email protected] Internet: 
[email protected]
Arkansas Natural Heritage Commission, Suite 1500, Tower Building, 
323 Center Street, Little Rock, AR 72201, 501/324-9150 Fax: 501/324-
9618, Director: Harold K. Grimmett, -9614
California Natural Heritage Division, Department of Fish & Game, 
1220 S Street, Sacramento, CA 95814, 916/322-2493 Fax: 916/324-0475
Colorado Natural Heritage Program, Colorado State University, 254 
General Services Building, Fort Collins, CO 80523, 970/491-1309 Fax: 
970/491-3349
Connecticut Natural Diversity Database, Natural Resources Center, 
Department of Environmental Protection, 79 Elm Street, Store Level, 
Hartford, CT 06106-5127, 860/424-3540 Fax: 860/424-4058
Delaware Natural Heritage Program, Division of Fish & Wildlife, 
Department of Natural Resources & Environmental Control, 4876 Hay 
Point Landing Road Smyrna, DE 19977, 302/653-2880 Fax: 302/653-3431
District of Columbia Natural Heritage Program, 13025 Riley's Lock 
Road, Poolesville, MD 20837, 301/427-1302 Fax: 301/427-1355
Florida Natural Areas Inventory, 1018 Thomasville Road, Suite 200-C, 
Tallahassee, FL 32303, 904/224-8207 Fax: 904/681-9364
Florida Natural Areas Inventory, Eglin Air Force Base, P.O. Box 
1150, Niceville, FL 32588, 904/883-6451 Fax: 904/682-8381
Georgia Natural Heritage Program, Wildlife Resources Division, 
Georgia Department of Natural Resources, 2117 U.S. Highway 278 S.E., 
Social Circle, GA 30279, 706/557-3032 or 770/918-6411, Fax: 706/557-
3033 or 706/557-3040 Internet: [email protected]
Hawaii Natural Heritage Program, The Nature Conservancy of Hawaii, 
1116 Smith Street, Suite 201, Honolulu, HI 96817, 808/537-4508 Fax: 
808/545-2019
Idaho Conservation Data Center, Department of Fish & Game, 600 South 
Walnut Street, Box 25, Boise, ID 83707-0025, 208/334-3402 Fax: 208/
334-2114
Illinois Natural Heritage Division, Department of Natural Resources, 
Division of Natural Heritage, 524 South Second Street, Springfield, 
IL 62701-1787, 217/785-8774 Fax: 217/785-8277
Illinois Nature Preserves Commission, Director: Carolyn Grosboll, 
Deputy Dir/Steward: Randy Heidorn, Deputy Dir/Protect: Don McFall, 
Office Specialist: Karen Tish, 217/785-8774 Fax: 217/785-8277
Indiana Natural Heritage Data Center, Division of Nature Preserves, 
Department of Natural Resources, 402 West Washington Street, Room 
W267, Indianapolis, IN 46204, 317/232-4052 Fax: 317/233-0133
Iowa Natural Areas Inventory, Department of Natural Resources, 
Wallace State Office Building, Des Moines, IA 50319-0034, Fax: 515/
281-6794, Coordinator/Zoologist: Daryl Howell, 515/281-8524
Kansas Natural Heritage Inventory, Kansas Biological Survey, 2041 
Constant Avenue, Lawrence, KS 66047-2906, 913/864-3453 Fax: 913/864-
5093
Kentucky Natural Heritage Program, Kentucky State Nature Preserves 
Commission, 801 Schenkel Lane, Frankfort, KY 40601, 502/573-2886 
Fax: 502/573-2355
Louisiana Natural Heritage Program, Department of Wildlife & 
Fisheries, P.O. Box 98000, Baton Rouge, LA 70898-9000, 504/765-2821 
Fax: 504/765-2607
Maine Natural Areas Program, Department of Conservation (FedEx/UPS: 
159 Hospital Street), 93 State House Station, Augusta, ME 04333-
0093, 207/287-8044 Fax: 207/287-8040, Internet: [email protected] Web 
site: http://www.state.me.us/doc/mnap/home.htm
Maryland Heritage & Biodiversity Conservation Programs, Department 
of Natural Resources, Tawes State Office Building, E-1, Annapolis, 
MD 21401, 410/260-8540 Fax: 410/260-8595, Web site: http://www.heritage.tnc.org/nhp/us/md/
Massachusetts Natural Heritage & Endangered Species Program, 
Division of Fisheries & Wildlife, Route 135, Westborough, MA 01581 
508/792-7270 ext. 200 Fax: 508/792-7275
Michigan Natural Features Inventory, Mason Building, 5th floor 
(FedEx/UPS: 530 W Allegan, 48933), Box 30444, Lansing, MI 48909-
7944, 517/373-1552 Fax: 517/373-6705, Director: Leni Wilsmann, 373-
7565, Internet: [email protected]
Minnesota Natural Heritage & Nongame Research, Department of Natural 
Resources, 500 Lafayette Road, Box 7, St. Paul, MN 55155, 612/297-
4964 Fax: 612/297-4961
Mississippi Natural Heritage Program, Museum of Natural Science, 111 
North Jefferson Street, Jackson, MS 39201-2897, 601/354-7303 Fax: 
601/354-7227
Missouri Natural Heritage Database, Missouri Department of 
Conservation, P.O. Box 180 (FedEx: 2901 West Truman Blvd), Jefferson 
City, MO 65102-0180, 573/751-4115 Fax: 573/526-5582
Montana Natural Heritage Program, State Library Building, 1515 E. 
6th Avenue, Helena, MT 59620, 406/444-3009 Fax: 406/444-0581, 
Internet: [email protected], Homepage/World Wide Web: http://nris.msl.mt.gov/mtnhp/nhp-dir.html
Navajo Natural Heritage Program, P.O. Box 1480, Window Rock, Navajo 
Nation, AZ 86515, (520) 871-7603, (520) 871-7069 (FAX)
Nebraska Natural Heritage Program, Game and Parks Commission, 2200 
North 33rd Street, P.O. Box 30370, Lincoln, NE 68503, 402/471-5421 
Fax: 402/471-5528
Nevada Natural Heritage Program, Department of Conservation & 
Natural Resources, 1550 E. College Parkway, Suite 145, Carson City, 
NV 89706-7921, 702/687-4245 Fax: 702/885-0868
New Hampshire Natural Heritage Inventory, Department of Resources & 
Economic Development, 172 Pembroke Street, P.O. Box 1856, Concord, 
NH 03302, 603/271-3623 Fax: 603/271-2629
New York Natural Heritage Program, Department of Environmental 
Conservation, 700 Troy-Schenectady Road, Latham, NY 12110-2400, 518/
783-3932 Fax: 518/783-3916, Computer: 518/783-3946
North Carolina Heritage Program, NC Department of Environment, 
Health & Natural Resources, Division of Parks & Recreation, P.O. Box 
27687, Raleigh, NC 27611-7687, 919-733-4181 Fax: 919/715-3085
North Dakota Natural Heritage Inventory, North Dakota Parks & 
Recreation

[[Page 64868]]

Department, 1835 Bismarck Expressway, Bismarck, ND 58504, 701/328-
5357 Fax: 701/328-5363
Ohio Natural Heritage Data Base, Division of Natural Areas & 
Preserves, Department of Natural Resources, 1889 Fountain Square, 
Building F-1, Columbus, OH 43224, 614/265-6453 Fax: 614/267-3096
Oklahoma Natural Heritage Inventory, Oklahoma Biological Survey, 111 
East Chesapeake Street, University of Oklahoma, Norman, OK 73019-
0575, 405/325-1985 Fax: 405/325-7702, Web site: http://obssun02.uoknor.edu/biosurvey/onhi/home.html
Oregon Natural Heritage Program, Oregon Field Office, 821 SE 14th 
Avenue, Portland, OR 97214 503/731-3070; 230-1221 Fax: 503/230-9639

Pennsylvania Natural Diversity Inventory (East, West, Central)

* Pennsylvania Natural Diversity Inventory--East, The Nature 
Conservancy, 34 Airport Drive, Middletown, PA 17057, 717/948-3962 
Fax: 717/948-3957
* Pennsylvania Natural Diversity Inventory--West, Western 
Pennsylvania Conservancy, Natural Areas Program, 316 Fourth Avenue, 
Pittsburgh, PA 15222, 412/288-2777 Fax: 412/281-1792
* Pennsylvania Natural Diversity Inventory--Central, Bureau of 
Forestry, P.O. Box 8552, Harrisburg, PA 17105-8552, 717/783-0388 
Fax: 717/783-5109
Puerto Rico Natural Heritage Program, Division de Patrimonio 
Natural, Area de Planificacion Integral, Departamento de Recursos 
Naturales y Ambientales de Puerto Rico, P.O. Box 5887, Puerta de 
Tierra, Puerto Rico 00906, Tel: 787-722-1726, Fax: 787-725-9526
Rhode Island Natural Heritage Program, Department of Environmental 
Management, Division of Planning & Development, 83 Park Street, 
Providence, RI 02903, 401/277-2776, x4308 Fax: 401/277-2069
South Carolina Heritage Trust, SC Department of Natural Resources, 
P.O. Box 167, Columbia, SC 29202, 803/734-3893 Fax: 803/734-6310 
(Call first)
South Dakota Natural Heritage Data Base, SD Department of Game, Fish 
& Parks Wildlife Division, 523 E. Capitol Avenue, Pierre, SD 57501-
3182, 605/773-4227 Fax: 605/773-6245
Tennessee Division of Natural Heritage, Department of Environment & 
Conservation, 401 Church Street, Life and Casualty Tower, 8th Floor, 
Nashville, TN 37243-0447, 615/532-0431 Fax: 615/532-0614
Texas Biological and Conservation Data System, 3000 South IH-35, 
Suite 100, Austin, TX 78704, 512/912-7011 Fax: 512/912-7058
U.S. Virgin Islands Conservation Data Center, Eastern Caribbean 
Center, University of the Virgin Islands, No. 2 John Brewers Bay, 
St. Thomas, VI 00802, (809) 693-1030 [Voice] (809) 693-1025, [Fax], 
Home Page: cdc.uvi.edu, E-Mail:[email protected]
Utah Natural Heritage Program, Division of Wildlife Resources, 1596 
West North Temple, Salt Lake City, UT 84116, 801/538-4761 Fax: 801/
538-4709
Vermont Nongame & Natural Heritage Program, Vermont Fish & Wildlife 
Department, 103 S. Main Street, 10 South, Waterbury, VT 05671-0501, 
802/241-3700 Fax: 802/241-3295
Virginia Division of Natural Heritage, Department of Conservation & 
Recreation, Main Street Station, 1500 E. Main Street, Suite 312, 
Richmond, VA 23219, 804/786-7951 Fax: 804/371-2674
Washington Natural Heritage Program, Department of Natural 
Resources, (FedEx: 1111 Washington Street, SE), P.O. Box 47016, 
Olympia, WA 98504-7016, 360/902-1340 Fax: 360/902-1783
West Virginia Natural Heritage Program, Department of Natural 
Resources, Operations Center, Ward Road, P.O. Box 67, Elkins, WV 
26241, 304/637-0245 Fax: 304/637-0250
Wisconsin Natural Heritage Program, Endangered Resources, Department 
of Natural Resources, 101 S. Webster Street, Box 7921, Madison, WI 
53707, 608/266-7012 Fax: 608/266-2925
Wyoming Natural Diversity Database, 1604 Grand Avenue, Suite 2, 
Laramie, WY 82070, 307/745-5026 Fax: 307/745-5026 (Call first), 
Internet: [email protected]

Addendum B--Historic Properties Guidance
    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 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. The NOI form is 
being amended to include which option was selected to demonstrate 
compliance with NHPA provisions. EPA will notify applicants when the 
new NOI form takes effect.
    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.
    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.

[[Page 64869]]

II. State Historic Preservation Officers (SHPO)

SHPO and Deputy SHPO List:

Alabama

Dr. Lee Warner, SHPO, Alabama Historical Commission, 468 South Perry 
Street, Montgomery, AL 36130-0900, 334-242-3184 FAX: 334-240-3477, 
E-Mail: [email protected]/
Deputy: Ms. Elizabeth Ann Brown, E-Mail: [email protected]. 
orgwww.preserveala.org

Alaska

Ms. Judith Bittner, SHPO, Alaska Department of Natural Resources, 
Office of History & Archeology, 550 West 7th Avenue, Suite 1310, 
Anchorage, AK 99501-3565, 907-269-8721 FAX: 907-269-8908, E-Mail: 
[email protected]
Deputy: Joan Antonson, www.dnr.state.ak.us/parks/oha_web

American Samoa

Mr. John Enright, HPO, Executive Offices of the Governor, American 
Samoa Historic Preservation Office, American Samoa Government, Pago 
Pago, American Samoa 96799, 011-684-633-2384 FAX: 684-633-2367, E-
Mail: [email protected]
Deputy: Mr. David J. Herdrich, E-Mail: [email protected]

Arizona

Mr. James W. Garrison, SHPO, Arizona State Parks, 1300 West 
Washington, Phoenix, AZ 85007, 602-542-4174 FAX: 602-542-4180, E-
Mail: [email protected]
Deputy: Ms. Carol Griffith, E-Mail: 
[email protected]

Arkansas

Ms. Cathryn B. Slater, SHPO, Arkansas Historic Preservation Program, 
323 Center Street, Suite 1500, Little Rock, AR 72201, 501-324-9880 
FAX: 501-324-9184, E-Mail: [email protected]
Deputy: Mr. Ken Grunewald, 501-324-9356, E-Mail: 
[email protected]

California

Daniel Abeyta, Acting SHPO, Ofc of Hist Pres, Dept Parks & 
Recreation, P.O. Box 942896, Sacramento CA 94296-0001, 916-653-6624 
FAX: 916-653-9824, E-Mail: [email protected]
Deputy: http://cal-parks.ca.gov

Colorado

Ms. Georgianna Contiguglia, SHPO, Colorado Historical Society, 1300 
Broadway, Denver, CO 80203, 303-866-3395 FAX: 303-866-4464,
Deputy: Mr. Mark Wolfe, 303-866-2776, FAX: 303-866-2041, E-Mail: 
[email protected]
Deputy: Dr. Susan M. Collins, 303-866-2736, E-Mail: 
[email protected]
Tech Ser: Ms. Kaaren Hardy, 303-866-3398, E-Mail: 
[email protected]. coloradohistory-oahp.org

Connecticut

Mr. John W. Shannahan, SHPO, Connecticut Historical Commission, 59 
So. Prospect Street, Hartford, CT 06106, 860-566-3005 FAX: 860-566-
5078, E-Mail: [email protected]
Deputy: Dr. Dawn Maddox, Pres Programs Sup

Delaware

Mr. Daniel Griffith, SHPO, Division of Historical and Cultural 
Affairs, P.O. Box 1401, Dover, DE 19903, 302-739-5313 FAX: 302-739-
6711, E-Mail: [email protected]
Deputy: Ms. Joan Larrivee, Delaware State Hist Preservation Office, 
15 The Green, Dover, DE 19901, 302-739-5685 FAX: 302-739-5660, E-
Mail: [email protected]

District of Columbia

Mr. Gregory McCarthy, SHPO, Historic Preservation Division, Suite 
305, 941 N. Capitol Street, NE., Room 2500, Washington, DC 20002, 
202-442-4570 FAX: 202-442-4860, www.dcra.org
Deputy: Mr. Stephen J. Raiche

Florida

Dr. Janet Snyder Matthews, SHPO, Director, Div of Historical 
Resources, Dept of State, R. A. Gray Building, 4th Floor, 500 S. 
Bronough St., Tallahassee, FL 32399-0250, 850-488-1480 FAX 850-488-
3353, E-Mail: [email protected] 800-847-7278 
www.dos.state.fl.us/dhr/contents.html

Georgia

Mr. Lonice C. Barrett, SHPO, Historic Preservation Division/DNR, 156 
Trinity Avenue, SW, Suite 101, Atlanta, GA 30303-3600, 404-656-2840 
FAX 404-651-8739
Deputy: Dr. W. Ray Luce, Director, E-Mail: 
[email protected]
Deputy: Ms. Carole Griffith, E-Mail: 
[email protected]
Deputy: Mr. Richard Cloues, E-Mail: richard_cloues@ 
mail.dnr.state.ga.uswww.dnr. state.ga.us/dnr/histpres/

Guam

Lynda B. Aguon, SHPO, Guam Historic Preservation Office, Department 
of Parks & Recreation, PO Box 2950 Building 13-8 Tiyan, Hagatna, 
Guam 96932, 1-671-475-6290 FAX: 1-671-477-2822, E-Mail: 
[email protected] http://www.admin.gov.gu/dpr/hrdhome.html

Hawaii

Mr. Timothy Johns, SHPO, Department of Land & Natural Resources, 
P.O. Box 621, Honolulu, HI 96809, 808-587-0401
Deputy: Ms. Janet Kawelo,
Deputy: Dr. Don Hibbard, State Historic Preservation Division, 
Kakuhihewa Building, Suite 555, 601 Kamokila Boulevard, Kapolei, HI 
96707, 808-692-8015 FAX: 808-692-8020, E-Mail: 
[email protected]/dlnr

Idaho

Steve Guerber, SHPO, Idaho State Historical Society, 1109 Main 
Street, Suite 250, Boise, ID 83702-5642, 208-334-2682
Deputy: Suzi Neitzel, 208-334-3847 FAX: 208-334-2775, E-Mail: 
[email protected]
Deputy: Ken Reid, 208-334-3861

Illinois

Mr. William L. Wheeler, SHPO, Associate Director, Illinois Historic 
Preservation Agency, 1 Old State Capitol Plaza, Springfield, IL 
62701-1512, 217-785-1153 FAX: 217-524-7525
Deputy: Mr. Theodore Hild, Chief of Staff, E-Mail: 
[email protected],
Deputy: Ms. Anne Haaker

Indiana

Mr. Larry D. Macklin, SHPO, Director, Department of Natural 
Resources, 402 West Washington Street, Indiana Govt. Center South, 
Room W256, Indianapolis, IN 46204, E-Mail: [email protected]
Deputy: Jon C. Smith, 317-232-1646 FAX: 317-232-0693, E-Mail: 
[email protected]

Iowa

Mr. Tom Morain, SHPO, State Historical Society of Iowa, Capitol 
Complex, East 6th and Locust St., Des Moines, IA 50319, 515-281-5419 
FAX: 515-242-6498, E-Mail: [email protected]
Ms. Patricia Ohlerking, DSHPO, 515-281-8824 FAX: 515-282-0502, 
[email protected]

Kansas

Dr. Ramon S. Powers, SHPO, Executive Director, Kansas State 
Historical Society, 6425 Southwest 6th Avenue, Topeka, KS 66615-
1099, 785-272-8681 x205 FAX: 785-272-8682, E-Mail: 
[email protected]
Deputy: Mr. Richard D. Pankratz, Director, Historic Pres Dept 785-
272-8681 x217
Deputy: Dr. Cathy Ambler, 785-272-8681 x215 E-Mail: [email protected]

Kentucky

Mr. David L. Morgan, SHPO, Executive Director, Kentucky Heritage 
Council, 300 Washington Street, Frankfort, KY 40601, 502-564-7005 
FAX: 502-564-5820, E-Mail: [email protected]

Louisiana

Ms. Gerri Hobdy, SHPO, Dept of Culture, Recreation & Tourism, P.O. 
Box 44247, Baton Rouge, LA 70804, 225-342-8200 FAX 225-342-8173
Deputy: Mr. Robert Collins 225-342-8200, E-Mail: 
[email protected]
Deputy: Mr. Jonathan Fricker 225-342-8160, E-Mail: 
[email protected] www.crt.state.la.us

Maine

Mr. Earle G. Shettleworth, Jr., SHPO, Maine Historic Preservation 
Commission, 55 Capitol Street, Station 65, Augusta, ME 04333, 207-
287-2132 FAX 207-287-2335, E-Mail: [email protected]
Deputy: Dr. Robert L. Bradley janus.state.me.us/mhpc/

Marshall Islands, Republic of the

Mr. Fred deBrum, HPO, Secretary of Interior and Outer Islands 
Affairs, P.O. Box 1454, Majuro Atoll, Republic of the Marshall 
Islands 96960, 011-692-625-4642, FAX: 011-692-625-5353
Deputy: Clary Makroro, E-Mail: [email protected]

[[Page 64870]]

Maryland

Mr. J. Rodney Little, SHPO, Maryland Historical Trust, 100 Community 
Place, Third Floor, Crownsville, MD 21032-2023, 410-514-7600 FAX 
410-514-7678, E-Mail: [email protected]
Deputy: Mr. William J. Pencek, Jr., http://www.ari.net/mdshpo

Massachusetts

Ms. Judith McDonough, SHPO, Massachusetts Historical Commission, 220 
Morrissey Boulevard, Boston, MA 02125, 617-727-8470 FAX: 617-727-
5128, TTD: 1-800-392-6090, E-Mail: [email protected]
Deputy: Ms. Brona Simon, Dir Technical Servs E-Mail: Brona.Simon@ 
sec.state.ma.uswww. state.ma.us/sec/mhc

Michigan

Brian D. Conway, SHPO, State Historic Preservation Office, Michigan 
Historical Center, 717 West Allegan Street, Lansing, MI 48918, 517-
373-1630 FAX 517-335-0348, E-Mail: [email protected] 
http://www.sos.state.mi.us/history/preserve/preserve.html

Micronesia, Federated States Of

Mr. Rufino Mauricio, FSM HPO, Office of Administrative Services, Div 
of Archives and Historic Preservation, FSM National Government, P.O. 
Box PS 35, Palikir, Pohnpei, FM 96941, 011-691-320-2343 FAX: 691-
320-5634, E-mail: [email protected]
FSM includes four States, whose HPOs are listed below: Mr. John 
Tharngan, HPO, Yap Historic Preservation Office, Office of the 
Governor, PO Box 714, Colonia, Yap, FM 96943, 011-691-350-4226 FAX: 
691-350-3898, E-Mail: [email protected]
HPO, Div Land mgmt & Natural Resources, Department of Commerce & 
Industry, PO Box 280, Moen, Chuuk (Truk), FM 96942, 011-691-330-
2552/2761 FAX: 691-330-4906, Mr. David W. Panuelo, HPO, Dir, Dept of 
Land, Pohnpei State Government, P.O. Box 1149, Kolonia, Pohnpei, FM 
96941, 011-691-320-2611 FAX: 011-691-320-5599, E-Mail: 
[email protected]
Mr. Berlin Sigrah, Kosrae HPO, Div of Land Management & 
Preservation, Dept of Agriculture & Lands, PO Box 82, Kosrae, FM 
96944, 011-691-370-3078 FAX: 011-691-370-3767, E-Mail: [email protected]

Minnesota

Dr. Nina Archabal, SHPO, Minnesota Historical Society, 345 Kellogg 
Boulevard West, St. Paul, MN 55102-1906, 651-296-2747 FAX: 651-296-
1004
Deputy: Dr. Ian Stewart, 651-297-5513,
Deputy: Ms. Britta L. Bloomberg, 651-296-5434 FAX: 651-282-2374, E-
Mail: [email protected] www.mnhs.org

Mississippi

Mr. Elbert Hilliard, SHPO, Mississippi Dept of Archives & History, 
P.O. Box 571, Jackson, MS 39205-0571, 601-359-6850,
Deputy: Mr. Kenneth H. P'Pool, Division of Historic Preservation, 
601-359-6940 FAX: 601-359-6955, [email protected]

Missouri

Mr. Stephen Mahfood, SHPO, State Department of Natural Resources, 
205 Jefferson, P.O. Box 176, Jefferson City, MO 65102, 573-751-4422 
FAX: 573-751-7627
Deputy: Ms. Claire F. Blackwell, Historic Preservation Prog, Div of 
State Parks, 100 E. High Street, Jefferson City, MO 65101, 573-751-
7858 FAX: 573-526-2852, E-Mail: [email protected]
Deputy: Dr. Douglas K. Eiken, www.mostateparks.com

Montana

Dr. Mark F. Baumler, SHPO, State Historic Preservation Office, 1410 
8th Avenue, P.O. Box 201202, Helena, MT 59620-1202, 406-444-7717 FAX 
406-444-6575, E-Mail: [email protected]
Deputy: Mr. Herbert E. Dawson, www.hist.state.mt.us

Nebraska

Mr. Lawrence Sommer, SHPO, Nebraska State Historical Society, P.O. 
Box 82554, 1500 R Street, Lincoln, NE 68501, 402-471-4745 FAX: 402-
471-3100, E-Mail: [email protected]
Deputy: Mr. L. Robert Puschendorf, 402-471-4769 FAX: 402-471-3316

Nevada

Mr. Ronald James, SHPO, Historic Preservation Office, 100 N Stewart 
Street, Capitol Complex, Carson City, NV 89701-4285, 775-684-3440 
FAX: 775-684-3442
Deputy: Ms. Alice Baldrica, 775-684-3444, E-Mail: 
[email protected] www.state.nv.us

New Hampshire

Ms. Nancy C. Dutton, Director/SHPO, NH Division of Historical 
Resources, P.O. Box 2043, Concord, NH 03302-2043, 603-271-6435 FAX: 
603-271-3433, TDD: 800-735-2964, E-Mail: [email protected]
Deputy: Ms. Linda Ray Wilson, 603-271-6434 or 603-271-3558, E-Mail: 
[email protected] www.state. nh.us/nhdhr

New Jersey

Mr. Robert C. Shinn, SHPO, Dept of Environ Protection, 401 East 
State Street, PO Box 402, Trenton, NJ 08625, 609-292-2885 FAX: 609-
292-7695
Deputy: Mr. James Hall, Natural and Historic Resources, 501 East 
State Street, PO Box 404, Trenton, NJ 08625, 609-292-3541 FAX: 609-
984-0836
Deputy: Ms. Dorothy Guzzo, Natural and Historic Resources, Historic 
Preservation Office, 609-984-0176 FAX: 609-984-0578, E-Mail: 
[email protected]

New Mexico

Elmo Baca, SHPO, Historic Preservation Div, Ofc of Cultural Affairs, 
228 East Palace Avenue, Santa Fe, NM 87503, 505-827-6320 FAX: 505-
827-6338
Deputy: Dorothy Victor, E-Mail: [email protected]
Deputy: Jan Biella, E-Mail: [email protected] www.museums. 
state.nm.us/hpd

New York

Ms. Bernadette Castro, SHPO, Parks, Recreation & Historic 
Preservation, Agency Building #1, Empire State Plaza, Albany, NY 
12238, 518-474-0443
Deputy: Mr. J. Winthrop Aldrich, Deputy, 518-474-9113 FAX 518-474-
4492
Historic Preservation Staff: Ms. Ruth L. Pierpont, Director, Bureau 
of Field Services, NY State Parks, Rec. & Hist. Pres., Peebles 
Island PO 189, Waterford, NY 12188-0189, 518-237-8643 x 3269 FAX 
518-233-9049, E-Mail: ruth.pierpont@ oprhp.state.ny.us 
www.nysparks.com

North Carolina

Dr. Jeffrey J. Crow, SHPO, Division of Archives & History, 4610 Mail 
Service Center, Raleigh, NC 27699-4610, 919-733-7305 FAX: 919-733-
8807, E-Mail: [email protected]
Deputy: Mr. David Brook, Historic Preservation Office, 4617 Mail 
Service Center, Raleigh, NC 27699-4617, 919-733-4763 FAX: 919-733-
8653, E-Mail: [email protected] http://www.hpo.dcr.state.nc.us

North Dakota

Mr. Samuel Wegner, SHPO, State Historical Society of North Dakota, 
612 E. Boulevard Ave., Bismarck, ND 58505, 701-328-2666 FAX: 701-
328-3710, [email protected] www.state.nd.us/hist
Deputy: Mr. Merl Paaverud, 701-328-2672

Northern Mariana Islands, Commonwealth of the

Mr. Joseph P. DeLeon Guerrero, HPO, Dept of Community & Cultural 
Affairs, Division of Historic Preservation, Airport Road, Northern 
Mariana Islands, Saipan, MP 96950, 670-664-2125 FAX 670-664-2139, E-
Mail: [email protected]
Deputy: Mr. Scott Russell, 670-664-2121

Ohio

Mr. Amos J. Loveday, SHPO, Ohio Historic Preservation Office, 567 E 
Hudson Street, Columbus, OH 43211-1030, 614-297-2600 FAX: 614-297-
2233, E-Mail: [email protected]
Deputy: Mr. Franco Ruffini, 614-297-2470 FAX: 614-297-2496, E-Mail: 
fruffini@ ohiohistory.org www.ohiohistory.org/resource/histpres

Oklahoma

Dr. Bob L. Blackburn, SHPO, Oklahoma Historical Society, 2100 N. 
Lincoln Blvd., Oklahoma City, OK 73105, 405-521-2491 FAX 405-521-
2492, www.ok-history.mus.ok.us
Deputy: Ms. Melvena Thurman Heisch, State Historic Preservation 
Office, 2704 Villa Prom, Shepherd Mall, Oklahoma City, OK 73107 405-
522-4484 FAX: 405-947-2918, E-Mail: history.mus.ok.us">mheisch@ok-history.mus.ok.us

Oregon

Mr. Michael Carrier, SHPO, State Parks & Recreation Department, 1115 
Commercial Street, NE, Salem, OR 97301-1012, 503-378-5019 FAX 503-
378-8936
Deputy: Mr. James Hamrick, 503-378-4168 x231 FAX 503-378-6447, E-
Mail: james.hamrick@ state.or.us www.prd.state.or.us/about_shpo.html

Palau, Republic of

Ms. Victoria N. Kanai, HPO, Ministry of Community & Cultural 
Affairs, P.O. Box

[[Page 64871]]

100, Koror, Republic of Palau 96940, 011-680-488-2489 FAX: 680-488-
2657

Pennsylvania

Dr. Brent D. Glass, SHPO, Pennsylvania Historical & Museum Comm, 
P.O. Box 1026, Harrisburg, PA 17108, 717-787-2891
Deputy: Ms. Brenda Barrett, Bur for Historic Pres, 717-787-4363 FAX: 
717-772-0920, E-Mail: brenda_barrett@ phmc.state.pa.us

Puerto Rico, Commonwealth of

Ms. Lilliane D. Lopez, SHPO, Office of Historic Preservation, Box 
82, La Fortaleza, Old San Juan, Puerto Rico 00901, 787-721-2676 or 
3737 FAX 787-723-0957
Deputy: Berenice Sueiro, E-Mail: [email protected]

Rhode Island

Mr. Frederick C. Williamson, SHPO, Rhode Island Historic 
Preservation & Heritage Comm, Old State House, 150 Benefit St., 
Providence, RI 02903, 401-222-2678 FAX: 401-222-2968
Deputy: Mr. Edward F. Sanderson, E-Mail: [email protected]

South Carolina

Dr. Rodger E. Stroup, SHPO, Department of Archives & History, 8301 
Parklane Road, Columbia, SC 29223-4905, 803-896-6100 FAX 803-896-
6167
Deputy: Ms. Mary W. Edmonds, 803-896-6168, E-Mail: edmonds@ 
scdah.state.sc.us http://www. state.sc.us/scdah/

South Dakota

Mr. Jay D. Vogt, SHPO, State Historic Preservation Office, Cultural 
Heritage Center, 900 Governors Drive, Pierre, SD 57501, 605-773-3458 
FAX 605-773-6041, E-Mail: [email protected] http://www.state.sd.us/state/executive/deca/cultural/histpres.htm

Tennessee

Mr. Milton Hamilton, SHPO, Dept of Environment and Conservation, 401 
Church Street, L & C Tower 21st Floor, Nashville, TN 37243-0435, 
615-532-0109 FAX: 615-532-0120
Deputy: Mr. Herbert L. Harper, Tennessee Historical Commission, 2941 
Lebanon Road, Nashville, TN 37243-0442, 615-532-1550 FAX: 615-532-
1549, www.state.tn.us/environment/hist/hist.htm

Texas

Mr. F. Lawerence Oaks, SHPO, Texas Historical Commission, P.O. Box 
12276, Austin, TX 78711-2276, 512-463-6100 FAX: 512-475-4872, E-
Mail: [email protected]
Deputy: Mr. James Wright Steely, Dir Nat'l Reg Prog, 512-463-5868 
FAX: 512-475-3122, E-Mail: [email protected]
Deputy: Mr. Stanley O. Graves, Dir, Architecture Div, 512-463-6094 
FAX: 512-463-6095, E-Mail: [email protected]
Deputy: Dr. James E. Bruseth, Dir Antiquities Prot, 512-463-6096 
FAX: 512-463-8927, E-Mail: [email protected] 
www.thc.state.tx.us

Utah

Mr. Max Evans, SHPO, Utah State Historical Society, 300 Rio Grande, 
Salt Lake City, UT 84101, 801-533-3500 FAX: 801-533-3503
Deputy: Mr. Wilson Martin, E-Mail: [email protected] 
http://history.utah.org

Vermont

Ms. Emily Wadhams, SHPO, Vermont Division for Historic Preservation, 
National Life Building, Drawer 20, Montpelier, VT 05620-0501, 802-
828-3211, E-Mail: [email protected]
Deputy: Mr. Eric Gilbertson, Director, 802-828-3043 FAX 802-828-
3206, E-Mail: ergilbertson@ dca.state.vt.uswww.state. vt.us/dca/
historic/

Virgin Islands

Mr. Dean C. Plaskett, Esq., SHPO, Department of Planning & Natural 
Resources, Cyril E. King Airport, Terminal Building--Second Floor, 
St. Thomas, VI 00802, 340-774-3320 FAX: 340-775-5706
Deputy: Ms. Claudette C. Lewis, 340-776-8605 FAX: 340-776-7236

Virginia

Mr. H. Alexander Wise, Jr, SHPO, Department of Historic Resources, 
2801 Kensington Avenue, Richmond, VA 23221, 804-367-2323 FAX: 804-
367-2391, E-Mail: [email protected]
Deputy: Kathleen Kilpatrick

Washington

Dr. Allyson Brooks, SHPO, Ofc of Archeology & Historic Preservation, 
PO Box 48343, 420 Golf Club Road, SE, Suite 201, Lacey, Olympia, WA 
98504-8343, 360-407-0753 FAX: 360-407-6217, [email protected]
Deputy: Mr. Greg Griffith, 360-407-0753, E-Mail: [email protected]

West Virginia

Ms. Renay Conlin, SHPO, West Virginia Division of Culture & History, 
Historic Preservation Office, 1900 Kanawha Boulevard East, 
Charleston, WV 25305-0300, 304-558-0220 FAX: 304-558-2779, E-Mail: 
[email protected]
Deputy: Ms. Susan Pierce, E-Mail: [email protected]

Wisconsin

Mr. George L. Vogt, SHPO, State Historical Society of Wisconsin, 816 
State Street, Madison WI 53706, 608-264-6500 FAX: 608-264-6404, E-
Mail: [email protected]
Deputy: Ms. Alicia L. Goehring, E-Mail: algoehring@ mail.shsw.wisc. 
edu www.shsw.wisc.edu/ahi/index.html

Wyoming

Ms. Wendy Bredehoft, SHPO, Wyoming State Hist. Pres. Ofc., 2301 
Central Avenue, 4th Floor, Cheyenne, WY 82002, 307-777-7013 FAX 307-
777-3543, E-Mail: [email protected]
Deputy: Judy K. Wolf, 307-777-6311, E-Mail: [email protected]
Sheila Bricher-Wade, Reg Ser 307-777-6179, E-Mail: 
[email protected]
Mary M. Hopkins, Cult Records 307-766-5324, http://commerce.state.wy.us/cr/shpo

Associate Members:

Navajo Nation

Dr. Alan Downer, HPO, PO Box 4950, Window Rock, AZ 86515, 520-871-
6437 FAX: 520-871-7886, E-Mail: [email protected]

Lac Du Flambeau of Lake Superior Band Chippewa Indians

Ms. Patricia A. Hrabik Sebby, THPO, PO Box 67, Lac Du Flambeau, WI 
54538, 715-588-3303

Leech Lake Band of Chippewa Indians

Ms. Rose A. Kluth, THPO, Leech Lake Reservation, RR3, Box 100, Cass 
Lake, MN 56633, 218-335-8200 FAX: 218-335-8309, E-Mail: 
[email protected]

Turtle Mountain Band of Chippewa Indians

Mr. Kade M. Ferris, THPO, Turtle Mountain Band of Chippewa Indians, 
PO Box 900, Belcourt, ND 58316, E-Mail: [email protected]
National Governors= Association, National Alliance of Preservation 
Commissions, National Trust for Historic Preservation, Preservation 
Action

NCSHPO Officers, Board and Staff

President: Judith Bittner, Alaska, Vice President: H. Alexander 
Wise, Jr., Secretary: Judith McDonough, Massachusetts, Treasurer: 
Cathryn Slater, Arkansas
Directors: Brenda Barrett, Pennsylvania, Britta Bloomberg, 
Minnesota, Theodore Hild, Illinois, Wilson Martin, Utah, Amos 
Loveday, Ohio, Ken P'Pool, Mississippi, Daniel Abeyta, California, 
Dorothy Guzzo, New Jersey, Jay Vogt, South Dakota, F. Lawerence 
Oaks, Texas, Ted Sanderson, Rhode Island, Melvena Heisch, Oklahoma
Executive Director: Nancy Miller [email protected]
Office Manager: Anita Zepp [email protected]
Senior Program Manager: Andra Reinholz [email protected]

National Park Service--National Center--http://www.nps.gov/

Associate Director, Cultural Resources, Kate Stevenson, 202-208-7625
Assistant Director & Manager, Cultural Resources, 202-343-9596
Archeology and Ethnography, Frank McManamon, Program Manager, 202-
343-4101
HABS/HAER Division, E. Blaine Cliver, Chief, 202-343-9618
Heritage Preservation Services Program, Pat Tiller, Chief, 202-343-
9569
Preservation Initiatives Branch, Bryan Mitchell, Chief, 202-343-9558
Technical Preservation Services Branch, Sharon Park, Chief, 202-343-
9584,
State, Tribal & Local Programs Branch, Joe Wallis, Chief, 202-343-
9564
Museum Management Program, Ann Hitchcock, Chief Curator, 202-343-
9569
National Register, History & Education, Dwight Picaithley, Chief 
Historian, 202-343-9536
Keeper of the National Register of Historic Places, Carol Shull, 
202-343-9536
Park Hist Struct/Cult Landscape Prg, Randall Biallas, Chief 
Historical Architect, 202-343-9588

[[Page 64872]]

National Park Service--Systems Support Offices

Anchorage, 907-257-2690, Philadelphia, 215-597-0652, Denver, 303-
969-2875, Atlanta, 404-562-3157, San Francisco, 415-427-1300

Advisory Council on Historic Preservation--http://www.achp.gov

John Fowler, Executive Director, 202-606-8503, Ron Anzalone, 
Assistant to Executive Director, 202-606-8505, Don Klima, Director, 
Office of Planning & Review, Eastern and Western Regions, 202-606-
8505

National Trust--http://www.nthp.org

Main Number--Washington, DC, 202-588-6000
Northeast Regional Office, Wendy Nicholas, Dir, 617-523-0885
Northeast Field Office, Patrick Hauck, Sr Prog Assoc, 215-991-5778
Southern Field Office, Lisa Burcham, Sr Prog Assoc, 202-588-6107
Southern Regional Office, John Hildreth, Dir, 843-722-8552
Midwest Regional Office, Jim Mann, Dir, 312-939-5547
Southwest Field Office, Jane Jenkins, Dir, 817-332-4398
Mountains/Plains Regional Office, Barbara Pahl, Dir, 303-623-1504
Western Regional Office, Elizabeth Goldstein, Dir, 415-956-0610

Preservation Action--www.preservationaction.org

Susan West Montgomery, President, 202-659-0915

Council on America's Military [email protected]

Herbert M. Hart, Executive Director, 703-912-6124, Updated September 
5, 2000

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.

Tribal Historic Preservation Officers:

(THPO vacant), Tunica-Biloxi Indians of Louisiana, P.O. Box 331, 
Marksville, LA 71351
James Bird, Eastern Band of Cherokee Indians, Quallah Boundary, P.O. 
Box 455, Cherokee, NC 28719
Brenda Boyd, Mille Lacs Band of Ojibwe Indians, HCR 67, Box 194, 
Onamia, MN 56395
John Brown, Narragansett Indian Tribe, P.O. Box 700, Wyoming, RI 
02898
Marcia Cross, Confederated Salish and Kootenai Tribes, P.O. Box 278, 
Pablo, MT 59855
William Day, Poarch Band of Creek Indians, 5811 Jack Springs Rd., 
Atmore, AL 36502
Alan S. Downer, Ph.D., Historic Preservation Dept., Navajo Nation, 
P.O. Box 4950, Window Rock, AZ 86515
Kade M. Ferris, Turtle Mountain Band of Chippewa Indians, P.O. Box 
900, Belcourt, ND 58316
Adeline Fredin, Confederated Tribes of the Colville Reservation, 
P.O. Box 150, Nespelem, WA 99155
Thomas Gates, Cultural Division, Yurok Tribe, 1034 6th St., Eureka, 
CA 95501
David Grignon, Menominee Indian Tribe of Wisconsin, P.O. Box 910, 
Keshena, WI 54135-0910
Monza V. Honga, Office of Cultural Resources, Hualapai Tribe, P.O. 
Box 310, Peach Springs, AZ 86434
Kelly Jackson, Lac du Flambeau, P.O. Box 67, Lac du Flambeau, WI 
54538
Manfred (Fred) Jaenig, Confederated Tribes of the Umatilla 
Reservation, P.O. Box 638, Pendleton, OR 97801
Sebastian (Bronco) LeBeau, Cheyenne River Sioux Tribe, P.O. Box 590, 
Eagle Butte, SD 57625
Tim Mentz, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, ND 
58538
Donna Stern-McFadden, Mescalero Apache Tribe, P.O. Box 227, 
Mescalero, New Mexico 88340
Scott E. Stuemke, Confederated Tribes of Warm Springs, Cultural 
Resources Department, P.O. Box C, Warm Springs, OR 97761
Matthew Vanderhoop, Wampanoag Tribe of Gay Head (Aquinnah), 20 Black 
Brook Road, Aquinnah, MA 02535-9701, Phone: (508) 645-9265, Fax: 
(508) 645-3790
John Welch, White Mt. Apache Tribe, P.O. Box 700, Whiteriver, AZ 
85941, Phone: (520) 338-5430, Fax: (520) 338-5488
Gerald White, Leech Lake Band of Chippewa Indians, Route 3, Box 100, 
Cass Lake, MN 56633
Louie J. Wynne, Spokane Tribe of Indians, P.O. Box 100, Wellpinit, 
WA 99040
For more information: National Association of Tribal Historic 
Preservation Officers, D. Bambi Kraus, President, 1411 K Street NW, 
Suite 700, Washington, DC 20005, Phone: (202) 628-8476, Fax: (202) 
628-2241

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.

BILLING CODE 6560-50-P

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Addendum D--Notice of Intent Form
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[GRAPHIC] [TIFF OMITTED] TN30OC00.001


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Addendum E--Notice of Termination Form
[GRAPHIC] [TIFF OMITTED] TN30OC00.002


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[GRAPHIC] [TIFF OMITTED] TN30OC00.003


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Addendum F--No Exposure Certification Form
[GRAPHIC] [TIFF OMITTED] TN30OC00.004


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[GRAPHIC] [TIFF OMITTED] TN30OC00.005


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[GRAPHIC] [TIFF OMITTED] TN30OC00.006


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[GRAPHIC] [TIFF OMITTED] TN30OC00.007

[FR Doc. 00-25469 Filed 10-27-00; 8:45 am]
BILLING CODE 6560-50-C