Fillable 1063 Multi-Sector General Permit For Stormwater Discharges Associated With Industrial Activity (MSGP)

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1063 Multi-Sector General Permit For Stormwater Discharges Associated With Industrial Activity (MSGP)

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General Permit
United States Environmental Protection Agency (EPA)
National Pollutant Discharge Elimination System (NPDES)
MULTI-SECTOR GENERAL PERMIT FOR STORMWATER DISCHARGES
ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Clean Water Act (CWA), as amended (33
U.S.C. 1251 et seq.), operators of stormwater discharges associated with industrial activity
located in an area identified in Appendix C where EPA is the permitting authority are authorized
to discharge to waters of the United States in accordance with the eligibility and Notice of Intent
(NOI) requirements, effluent limitations, inspection requirements, and other conditions set forth
in this permit. This permit is structured as follows:
• general requirements that apply to all facilities are found in Parts 1 through 7;
• industry sector-specific requirements are found in Part 8; and
• specific requirements that apply in individual States and Indian Country Lands are
found in Part 9.
The Appendices (A through K) contain additional permit conditions that apply to all
operators covered under this permit.
This permit becomes effective on September 29, 2008.
This permit and the authorization to discharge expire at midnight, September 29, 2013.
Robert W. Varney, Regional Administrator
EPA Region 1
Carl-Axel P. Soderberg, Division Director, Caribbean
Environmental Protection Division
EPA Region 2
Jon M. Capacasa, Director, Water Protection
Division
EPA Region 3
Timothy C. Henry, Acting Director, Water Division
EPA Region 5
Miguel I. Flores, Director, Water Quality Protection
Division
EPA Region 6
Alexis Strauss, Director, Water Division
EPA Region 9
Michael Gearheard, Director, Office of Water and
Watersheds
EPA Region 10
Stormwater Discharges Associated with Industrial Activity i
As modified effective May 27, 2009
General Permit
NPDES MULTI-SECTOR GENERAL PERMITS FOR STORMWATER
DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
TABLE OF CONTENTS
1. Coverage under this Permit. .............................................................................................1
1.1 Eligibility........................................................................................................................................................1
1.1.1 Facilities Covered.....................................................................................................................................1
1.1.2 Allowable Stormwater Discharges...........................................................................................................1
1.1.3 Allowable Non-Stormwater Discharges...................................................................................................2
1.1.4 Limitations on Coverage. .........................................................................................................................3
1.1.4.1 Discharges Mixed with Non-Stormwater. .......................................................................................3
1.1.4.2 Stormwater Discharges Associated with Construction Activity......................................................3
1.1.4.3 Discharges Currently or Previously Covered by Another Permit...................................................3
1.1.4.4 Stormwater Discharges Subject to Effluent Limitations Guidelines. .............................................3
1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. .........................................3
1.1.4.6 Historic Properties Preservation......................................................................................................5
1.1.4.7 New Discharges to Water Quality Impaired Waters. ......................................................................6
1.1.4.8 New Discharges to Waters Designated as Tier 3 for Antidegradation Purposes. ..........................7
1.2 Permit Compliance........................................................................................................................................7
1.3 Authorization under this Permit..................................................................................................................7
1.3.1 How to Obtain Authorization...................................................................................................................7
1.3.2 Continuation of this Permit. .....................................................................................................................9
1.4 Terminating Coverage. ...............................................................................................................................10
1.4.1 Submitting a Notice of Termination.......................................................................................................10
1.4.2 When to Submit a Notice of Termination. .............................................................................................10
1.5 Conditional Exclusion for No Exposure. ...................................................................................................11
1.6 Alternative Permits. ....................................................................................................................................11
1.6.1 EPA Requiring Coverage under an Alternative Permit..........................................................................11
1.6.2 Permittee Requesting Coverage under an Alternative Permit................................................................11
1.7 Severability. .................................................................................................................................................12
2. Control Measures and Effluent Limits. .........................................................................12
2.1 Control Measures. .......................................................................................................................................12
2.1.1 Control Measure Selection and Design Considerations .........................................................................12
2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT). ...................................................13
2.1.2.1 Minimize Exposure. .......................................................................................................................13
2.1.2.2 Good Housekeeping. ......................................................................................................................13
2.1.2.3 Maintenance...................................................................................................................................14
2.1.2.4 Spill Prevention and Response Procedures...................................................................................14
2.1.2.5 Erosion and Sediment Controls. ....................................................................................................14
2.1.2.6 Management of Runoff..................................................................................................................15
2.1.2.7 Salt Storage Piles or Piles Containing Salt. ..................................................................................15
2.1.2.8 Sector Specific Non-Numeric Effluent Limits. .............................................................................15
2.1.2.9 Employee Training.........................................................................................................................15
2.1.2.10 Non-Stormwater Discharges..........................................................................................................15
2.1.2.11 Waste, Garbage and Floatable Debris...........................................................................................15
2.1.2.12 Dust Generation and Vehicle Tracking of Industrial Materials. .................................................16
2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines .............................................16
2.2 Water Quality-Based Effluent Limitations. ..............................................................................................16
2.2.1 Water Quality Standards ........................................................................................................................16
2.2.2 Discharges to Water Quality Impaired Waters.......................................................................................17
2.2.2.1 Existing Discharge to an Impaired Water with an EPA Approved or Established TMDL. ........17
2.2.2.2 Existing Discharge to an Impaired Water without an EPA Approved or Established TMDL. ...17
2.2.2.3 New Discharge to an Impaired Water. ..........................................................................................17
2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers..............................................17
2.3 Requirements Relating to Endangered Species and Historic Properties................................................17
2.4 Requirements Relating to the National Environmental Policy Act (NEPA) Review.............................18
Stormwater Discharges Associated With Industrial Activity ii
General Permit
3. Corrective Actions ...........................................................................................................18
3.1 Conditions Requiring Review and Revision to Eliminate Problem ........................................................18
3.2 Conditions Requiring Review to Determine if Modifications Are Necessary ........................................18
3.3 Corrective Action Deadlines.......................................................................................................................18
3.4 Corrective Action Report ...........................................................................................................................19
3.5 Effect of Corrective Action.........................................................................................................................19
3.6 Substantially Identical Outfalls..................................................................................................................20
4. Inspections ........................................................................................................................20
4.1 Routine Facility Inspections. ......................................................................................................................20
4.1.1 Routine Facility Inspection Procedures..................................................................................................20
4.1.2 Routine Facility Inspection Documentation...........................................................................................20
4.1.3 Exceptions to Routine Facility Inspections. ...........................................................................................21
4.2 Quarterly Visual Assessment of Stormwater Discharges. .......................................................................21
4.2.1 Quarterly Visual Assessment Procedures...............................................................................................21
4.2.2 Quarterly Visual Assessment Documentation........................................................................................22
4.2.3 Exceptions to Quarterly Visual Assessments. ........................................................................................22
4.3 Comprehensive Site Inspections.................................................................................................................24
4.3.1 Comprehensive Site Inspection Procedures. ..........................................................................................24
4.3.2 Comprehensive Site Inspection Documentation. ...................................................................................25
5. Stormwater Pollution Prevention Plan (SWPPP).........................................................25
5.1 Contents of Your SWPPP...........................................................................................................................26
5.1.1 Stormwater Pollution Prevention Team. ................................................................................................26
5.1.2 Site Description......................................................................................................................................26
5.1.3 Summary of Potential Pollutant Sources...............................................................................................27
5.1.3.1 Activities in the area.......................................................................................................................27
5.1.3.2 Pollutants........................................................................................................................................28
5.1.3.3 Spills and Leaks. ............................................................................................................................28
5.1.3.4 Non-Stormwater Discharges..........................................................................................................28
5.1.3.5 Salt Storage. ...................................................................................................................................28
5.1.3.6 Sampling Data................................................................................................................................28
5.1.4 Description of Control Measures. ..........................................................................................................28
5.1.4.1 Control Measures to Meet Technology-Based and Water Quality-Based Effluent Limits..........28
5.1.5 Schedules and Procedures ......................................................................................................................29
5.1.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. .................29
5.1.5.2 Pertaining to Monitoring and Inspection......................................................................................29
5.1.6 Documentation to Support Eligibility Considerations Under Other Federal Laws. ...............................31
5.1.6.1 Documentation Regarding Endangered Species...........................................................................31
5.1.6.2 Documentation Regarding Historic Properties.............................................................................31
5.1.6.3 Documentation Regarding NEPA Review.....................................................................................31
5.1.7 Signature Requirements. ........................................................................................................................31
5.2 Required SWPPP Modifications................................................................................................................31
5.3 SWPPP Availability. ...................................................................................................................................31
5.4 Additional Documentation Requirements.................................................................................................32
6. Monitoring........................................................................................................................33
6.1 Monitoring Procedures ...............................................................................................................................33
6.1.1 Monitored Outfalls. ................................................................................................................................33
6.1.2 Commingled Discharges. .......................................................................................................................33
6.1.3 Measurable Storm Events.......................................................................................................................33
6.1.4 Sample Type. .........................................................................................................................................34
6.1.5 Adverse Weather Conditions. ................................................................................................................34
6.1.6 Climates with Irregular Stormwater Runoff...........................................................................................34
6.1.7 Monitoring Periods.................................................................................................................................34
6.1.8 Monitoring for Allowable Non-Stormwater Discharges........................................................................35
6.2 Required Monitoring. .................................................................................................................................35
6.2.1 Benchmark Monitoring. .........................................................................................................................35
Stormwater Discharges Associated With Industrial Activity iii
General Permit
6.2.1.1 Applicability of Benchmark Monitoring. ......................................................................................35
6.2.1.2 Benchmark Monitoring Schedule. ................................................................................................36
6.2.1.3 Exception for Inactive and Unstaffed Sites...................................................................................37
6.2.2 Effluent Limitations Monitoring. ...........................................................................................................38
6.2.2.1 Monitoring Based on Effluent Limitations Guidelines.................................................................38
6.2.2.2 Substantially Identical Outfalls. ....................................................................................................38
6.2.3 State or Tribal Provisions Monitoring....................................................................................................38
6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. ............................................................38
6.2.3.2 State or Tribal Monitoring Schedule.............................................................................................38
6.2.4 Discharges to Impaired Waters Monitoring. ..........................................................................................39
6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters.................................................39
6.2.4.2 Impaired Waters Monitoring Schedule. ........................................................................................39
6.2.5 Additional Monitoring Required by EPA. .............................................................................................40
6.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit...........................................................40
6.3.1 Submit an Exceedance Report................................................................................................................40
6.3.2 Continue to Monitor...............................................................................................................................40
7. Reporting and Recordkeeping........................................................................................41
7.1 Reporting Monitoring Data to EPA...........................................................................................................41
7.2 Annual Report .............................................................................................................................................41
7.3 Exceedance Report for Numeric Effluent Limits .....................................................................................41
7.4 Additional Reporting. .................................................................................................................................42
7.5 Recordkeeping. ............................................................................................................................................43
7.6 Addresses for Reports.................................................................................................................................43
7.6.1 EPA Addresses.......................................................................................................................................43
7.6.2 Regional Addresses................................................................................................................................44
7.6.3 State and Tribal Addresses.....................................................................................................................46
8. Sector Specific Requirements .........................................................................................47
8A. Sector A: Timber Products ............................................................................................................................47
8B. Sector B: Paper and Allied Products .............................................................................................................50
8C. Sector C: Chemicals and Allied Products Manufacturing.............................................................................51
8D. Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing..........................................54
8E. Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products .................................................................56
8F. Sector F: Primary Metals...............................................................................................................................58
8G. Sector G: Metal Mining (Ore Mining and Dressing).....................................................................................60
8H. Sector H: Coal Mines and Coal Mining-Related Facilities ...........................................................................71
8I. Sector I: Oil and Gas Extraction and Refining..............................................................................................77
8J. Sector J: Mineral Mining and Dressing.........................................................................................................79
8K. Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities........................................................87
8L. Sector L: Landfills, Land Application Sites, and Open Dumps ....................................................................91
8M. Sector M: Automobile Salvage Yards...........................................................................................................95
8N. Sector N: Scrap Recycling Facilities.............................................................................................................97
8O. Sector O: Steam Electric Generating Facilities ...........................................................................................103
8P. Sector P: Land Transportation and Warehousing........................................................................................107
8Q. Sector Q: Water Transportation...................................................................................................................110
8R. Sector R: Ship and Boat Building and Repairing Yards..............................................................................113
8S. Sector S: Air Transportation Facilities ........................................................................................................116
8T. Sector T: Treatment Works .........................................................................................................................121
8U. Sector U: Food and Kindred Products.........................................................................................................123
8V. Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and Leather
Products.......................................................................................................................................................125
8W. Sector W: Furniture and Fixtures ................................................................................................................127
8X. Sector X: Printing and Publishing ...............................................................................................................128
8Y. Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries.............130
8Z. Sector Z: Leather Tanning and Finishing....................................................................................................132
Stormwater Discharges Associated With Industrial Activity iv
General Permit
Stormwater Discharges Associated With Industrial Activity v
8AA. Sector AA: Fabricated Metal Products........................................................................................................134
8AB. Sector AB: Transportation Equipment, Industrial or Commercial Machinery............................................137
8AC. Sector AC: Electronic, Electrical, Photographic, and Optical Goods..........................................................138
8AD. Sector AD: Non-Classified Facilities ..........................................................................................................139
9. State/Tribal Specific Requirements..............................................................................140
Appendices
Appendix A Definitions and Acronyms ...................................................................................................................A-1
Appendix B Standard Permit Conditions .................................................................................................................B-1
Appendix C Areas Covered......................................................................................................................................C-1
Appendix D Activities Covered................................................................................................................................D-1
Appendix E Procedures relating to Endangered Species.......................................................................................... E-1
Appendix F National Historic Preservation Act Procedures.................................................................................... F-1
Appendix G Notice of Intent ....................................................................................................................................G-1
Appendix H Notice of Termination..........................................................................................................................H-1
Appendix I Comprehensive Site Inspection and Reporting Form............................................................................ I-1
Appendix J Calculating Hardness in Receiving Waters for Hardness Dependent Metals........................................ J-1
Appendix K No Exposure Certification....................................................................................................................K-1
General Permit
1. Coverage under this Permit.
1.1 Eligibility.
1.1.1 Facilities Covered.
To be eligible to discharge under this permit, you must (1) have a stormwater discharge
associated with industrial activity from your primary industrial activity, as defined in Appendix
A, provided your primary industrial activity is included in Appendix D, or (2) be notified by
EPA that you are eligible for coverage under Sector AD of this permit.
1.1.2 Allowable Stormwater Discharges.
Unless otherwise made ineligible under Part 1.1.4, the following discharges are eligible
for coverage under this permit:
1.1.2.1 Stormwater discharges associated with industrial activity for any primary industrial
activities and co-located industrial activities, as defined in Appendix A;
1.1.2.2 Discharges designated by EPA as needing a stormwater permit as provided in Sector
AD;
1.1.2.3 Discharges that are not otherwise required to obtain NPDES permit authorization but
are commingled with discharges that are authorized under this permit;
1.1.2.4 Discharges subject to any of the national stormwater-specific effluent limitations
guidelines listed in Table 1-1; and
Table 1-1. Stormwater-specific Effluent Limitations Guidelines
Regulated Discharge
40 CFR
Section
MSGP
Sector
New Source
Performance
Standard (NSPS)
New
Source
Date
Discharges resulting from spray
down or intentional wetting of
logs at wet deck storage areas
Part 429,
Subpart I
A Yes 1/26/81
Runoff from phosphate fertilizer
manufacturing facilities that
comes into contact with any raw
materials, finished product, by-
products or waste products (SIC
2874)
Part 418,
Subpart A
C Yes 4/8/74
Runoff from asphalt emulsion
facilities
Part 443,
Subpart A
D Yes 7/28/75
Runoff from material storage
piles at cement manufacturing
facilities
Part 411,
Subpart C
E Yes 2/20/74
Stormwater Discharges Associated With Industrial Activity 1
General Permit
Stormwater Discharges Associated With Industrial Activity 2
Mine dewatering discharges at
crushed stone, construction sand
and gravel, or industrial sand
mining facilities
Part 436,
Subparts
B, C, and
D
J No N/A
Runoff from hazardous waste and
non-hazardous waste landfills
Part 445,
Subparts
A and B
K, L Yes 2/2/00
Runoff from coal storage piles at
steam electric generating facilities
Part 423 O Yes 11/19/82
(10/8/74)
1
1.1.2.5 Discharges subject to any New Source Performance Standards (NSPS) identified in
Table 1-1 (i.e., where facilities were constructed after the promulgation of that industry’s NSPS),
provided that you obtain and retain the following EPA documentation with your SWPPP, prior to
submitting your NOI, and that you comply with any limits pursuant to Part 2.4:
• Determination of “No Significant Impact” under the National Environmental Policy Act
(NEPA); or
• A completed Environmental Impact Statement in accordance with an environmental
review conducted by EPA pursuant to 40 CFR 6.102(a)(6)
2
.
1.1.3 Allowable Non-Stormwater Discharges.
The following are the non-stormwater discharges authorized under this permit, provided
the non-stormwater component of your discharge is in compliance with Part 2.1.2.10:
• Discharges from fire-fighting activities;
• Fire hydrant flushings;
• Potable water, including water line flushings;
• Uncontaminated condensate from air conditioners, coolers, and other compressors
and from the outside storage of refrigerated gases or liquids;
• Irrigation drainage;
• Landscape watering provided all pesticides, herbicides, and fertilizer have been
applied in accordance with the approved labeling;
• 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);
• Routine external building washdown that does not use detergents;
• Uncontaminated ground water or spring water;
1
NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part
423-applicable sources that were New Sources under the 1974 regulations are subject to the 1974 NSPS.
2
Note that if you have previously completed an Environmental Impact Statement or obtained a “No Significant
Impact” statement for discharges subject to NSPS, you have met your obligation under this provision and you only
need to retain this documentation for your files.
General Permit
• Foundation or footing drains where flows are not contaminated with process
materials; and
• 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).
1.1.4 Limitations on Coverage.
1.1.4.1 Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed with
non-stormwater, other than those non-stormwater discharges listed in Part 1.1.3, are not
eligible for coverage under this permit.
1.1.4.2 Stormwater Discharges Associated with Construction Activity. Stormwater discharges
associated with construction activity disturbing one acre or more are not eligible for
coverage under this permit, unless in conjunction with mining activities or certain oil and
gas extraction activities as specified in Sectors G, H, I, and J of this permit.
1.1.4.3 Discharges Currently or Previously Covered by Another Permit. Unless you received
written notification from EPA specifically allowing these discharges to be covered under
this permit, you are not eligible for coverage under this permit for any of the following:
• Stormwater discharges associated with industrial activity that are currently
covered under an individual NPDES permit or an alternative NPDES general
permit;
• Discharges covered within five years prior to the effective date of this permit by
an individual permit or alternative general permit where that permit established
site-specific numeric water quality-based limitations developed for the stormwater
component of the discharge; or
• Discharges from facilities where any NPDES permit has been or is in the process
of being denied, terminated, or revoked by EPA (this does not apply to the routine
reissuance of permits every five years).
1.1.4.4 Stormwater Discharges Subject to Effluent Limitations Guidelines. For discharges
subject to stormwater effluent limitation guidelines under 40 CFR, Subchapter N, only
those stormwater discharges identified in Table 1-1 are eligible for coverage under this
permit.
1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. Coverage under
this permit is available only if your stormwater discharges, allowable non-stormwater
discharges, and stormwater discharge-related activities will not adversely affect any
species that are federally-listed as endangered or threatened (“listed”) under the
Endangered Species Act (ESA) and will not result in the adverse modification or
destruction of habitat that is federally-designated as “critical habitat” under the ESA.
You must meet one of the criteria below, following the procedures in Appendix E:
Stormwater Discharges Associated With Industrial Activity 3
General Permit
Criterion A. No federally-listed threatened or endangered species or their designated critical
habitat are likely to occur in the “action area” as defined in Appendix A; or
Criterion B. Consultation between a Federal agency and the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service (together, the “Services”) under
section 7 of the ESA has been concluded. Consultations can be either formal or
informal, and would have occurred only as a result of a separate federal action
(e.g., during application for an individual wastewater discharge permit or the
issuance of a wetlands dredge and fill permit).
The consultation must have addressed the effects of your facility’s stormwater
discharges, allowable non-stormwater discharges, and stormwater discharge-related
activities on federally-listed threatened or endangered species and federally-designated
critical habitat, and must have resulted in either:
i. a biological opinion finding no jeopardy to federally-listed species or
destruction/adverse modification of federally-designated critical habitat; or
ii. written concurrence from the Service(s) with a finding that the facility’s
stormwater discharges associated with industrial activity, discharge-related
activities and allowable non-stormwater discharges are not likely to adversely
affect federally-listed species or federally-designated critical habitat; or
Criterion C. Your industrial activities are authorized through the issuance of a permit under
section 10 of the ESA, and authorization addresses the effects of the stormwater
discharges associated with industrial activity, discharge-related activities, and
allowable non-stormwater discharges on federally-listed species and federally-
designated critical habitat; or
Criterion D. Coordination between you and the U.S. Fish and Wildlife Service and/or the
National Marine Fisheries Service has been concluded. The coordination must
have addressed the effects of the facility’s stormwater discharges associated with
industrial activity, discharge-related activities, and allowable non-stormwater
discharges on federally-listed threatened or endangered species and federally-
designated critical habitat. The result of the coordination must be a written
statement from the Service concluding that authorizing your stormwater
discharges, discharge-related activities, and allowable non-stormwater discharges
is consistent with the determination that the issuance of the MSGP is not likely to
adversely affect federally-listed threatened or endangered species and federally-
designated critical habitat. Any conditions or prerequisites deemed necessary to
achieve consistency with the “not likely to adversely effect” determination
become eligibility conditions for MSGP coverage, and permit requirements under
Part 2.3; or
Criterion E. Authorizing your stormwater discharges associated with industrial activity,
discharge-related activities, and allowable non-stormwater discharges is
Stormwater Discharges Associated With Industrial Activity 4
General Permit
consistent with the determination that the issuance of the MSGP is not likely to
adversely affect any federally-listed endangered and threatened (“listed”) species
or designated critical habitat (“critical habitat”). To support your determination
that you meet Criterion E, you must provide supporting documentation for your
determination.
i. If you are an existing discharger, you must provide the following information
with your completed Notice of Intent (NOI) form: (1) a list of the federally-listed
threatened or endangered species or their designated critical habitat that are likely
to occur in the “action area”; (2) a list of the pollutant parameters for which you
have ever exceeded an applicable benchmark or effluent limitations guideline, or
for which your discharge has ever been found to cause or contribute to an
exceedance of an applicable water quality standard, or to violate State or Tribal
water quality requirements (Part 9); and (3) your rationale supporting your
determination that you meet Criterion E, including appropriate measures to be
undertaken to avoid or eliminate the likelihood of adverse effects.
ii. If you are a new discharger, you must provide the following information with
your completed NOI form: (1) a list of the federally-listed threatened or
endangered species or their designated critical habitat that are likely to occur in
the “action area”; (2) a list of the potential pollutants in your discharge; and (3)
your rationale supporting your determination that you meet Criterion E, including
appropriate measures to be undertaken to avoid or eliminate the likelihood of
adverse effects; or
Criterion F. The facility’s stormwater discharges associated with industrial activity, discharge-
related activities, and allowable non-stormwater discharges were already
addressed in another operator’s valid certification of eligibility that included these
discharges and activities and there is no reason to believe that federally-listed
species or federally-designated critical habitat not considered in the prior
certification may be present or located in the “action area”. To certify eligibility
under this criterion there must be no lapse of coverage in the other operator’s
certification. By certifying eligibility under this criterion, you agree to comply
with any measures or controls upon which the other operator's certification was
based. You must comply with any applicable terms, conditions, or other
requirements developed in the process of meeting the eligibility requirements of
the criteria in this section to remain eligible for coverage under this permit. If
your certification is based on another operator’s certification under Criterion E,
that certification is valid only if you have documentation showing that the other
operator had certified under Criterion E, and you provide EPA with the
supporting information required of existing dischargers in Criterion E (above,
under subparagraph (i)) in your NOI form.
1.1.4.6 Historic Properties Preservation. Coverage under this permit is available only if your
stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-
Stormwater Discharges Associated With Industrial Activity 5
General Permit
related activities meet one of the eligibility criteria below, following the procedures in
Appendix F:
Criterion A. Your stormwater discharges and allowable non-stormwater discharges do not
have the potential to have an effect on historic properties and you are not
constructing or installing new stormwater control measures on your site that cause
subsurface disturbance; or
Criterion B. Your discharge-related activities (i.e., construction and/or installation of
stormwater control measures that involve subsurface disturbance) will not affect
historic properties; or
Criterion C. Your stormwater discharges, allowable non-stormwater discharges, and
discharge-related activities have the potential to have an effect on historic
properties, and you have consulted with the State Historic Preservation Officer
(SHPO), Tribal Historic Preservation Officer (THPO), or other tribal
representative regarding measures to mitigate or prevent any adverse effects on
historic properties, and you have either (1) obtained and are in compliance with a
written agreement that outlines all such measures, or (2) been unable to reach
agreement on such measures; or
Criterion D. You have contacted the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or other tribal representative and EPA in writing informing
them that you have the potential to have an effect on historic properties and you
did not receive a response from the SHPO, THPO, or tribal representative within
30 days of receiving your letter.
If you have been unable to reach agreement with a SHPO, THPO, or other tribal
representative regarding appropriate measures to mitigate or prevent adverse effects, EPA may
notify you of additional measures you must implement to be eligible for coverage under this
permit.
1.1.4.7 New Discharges to Water Quality Impaired Waters. If you are a new discharger you are
not eligible for coverage under this permit to discharge to an “impaired water”, as defined
in Appendix A unless you:
a. prevent all exposure to stormwater of the pollutant(s) for which the waterbody is
impaired, and retain documentation of procedures taken to prevent exposure
onsite with your SWPPP; or
b. document that the pollutant(s) for which the waterbody is impaired is not present
at your site, and retain documentation of this finding with your SWPPP; or
c. in advance of submitting your NOI, provide to the appropriate EPA Regional
Office data to support a showing that the discharge is not expected to cause or
contribute to an exceedance of a water quality standard, and retain such data
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onsite with your SWPPP. To do this, you must provide data and other technical
information to the Regional Office sufficient to demonstrate:
i. For discharges to waters without an EPA approved or established TMDL, that
the discharge of the pollutant for which the water is impaired will meet in-
stream water quality criteria at the point of discharge to the waterbody; or
ii. For discharges to waters with an EPA approved or established TMDL, that
there are sufficient remaining wasteload allocations in an EPA approved or
established TMDL to allow your discharge and that existing dischargers to the
waterbody are subject to compliance schedules designed to bring the
waterbody into attainment with water quality standards.
You are eligible under Part 1.1.4.7.c if you receive an affirmative determination
from the Regional Office that your discharge will not contribute to the existing
impairment, in which case you must maintain such determination onsite with your
SWPPP, or if the Regional Office fails to respond within 30 days of submission of
data to the Regional Office.
1.1.4.8 New Discharges to Waters Designated as Tier 3 for Antidegradation Purposes. If you
are a new discharger, you are not eligible for coverage under this permit for discharges to
waters designated by a State or Tribe as Tier 3 (outstanding natural resource waters) for
antidegradation purposes under 40 CFR 131.13(a)(3) (see list of Tier 3 waters on EPA’s
website at http://www.epa.gov/npdes/stormwater/msgp).
1.2 Permit Compliance.
Any noncompliance with any of the requirements of this permit constitutes a violation of
the Clean Water Act. As detailed in Part 3 (Corrective Actions) of this permit, failure to take any
required corrective actions constitute an independent, additional violation of this permit and the
Clean Water Act. As such, any actions and time periods specified for remedying noncompliance
do not absolve parties of the initial underlying noncompliance. However, where corrective
action is triggered by an event that does not itself constitute permit noncompliance, such as an
exceedance of an applicable benchmark, there is no permit violation provided you take the
required corrective action within the relevant deadlines established in Part 3.3.
1.3 Authorization under this Permit.
1.3.1 How to Obtain Authorization.
To obtain authorization under this permit, you must:
• Be located in a State, territory, or Indian Country, or be a Federal Facility
identified in Appendix C where EPA is the permitting authority;
• Meet the Part 1.1 eligibility requirements;
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• Select, design, install, and implement control measures in accordance with Part
2.1 to meet numeric and non-numeric effluent limits;
• Submit a complete and accurate Notice of Intent (NOI) either using EPA’s
electronic Notice of Intent (eNOI) system (accessible at
www.epa.gov/npdes/eNOI) or using a paper form (included in Appendix G of this
permit) and then submitting that paper form to the address listed in Part 7.6.1; and
• Develop a SWPPP according to the requirements in Part 5 of this permit.
EPA will post on the Internet, at www.epa.gov/npdes/noisearch, all NOIs received. Late
NOIs will be accepted but authorization to discharge will not be retroactive.
Timeframes for discharge authorization are contained in Table 1-2. Some authorization
dates in Table 1-2 are dependent on you posting a copy of your SWPPP on the Internet. Posting
requires that (1) your NOI identifies the Uniform Resource Locator (URL) that provides direct
access to your SWPPP, (2) you post a complete copy of your SWPPP at that URL, and (3) the
SWPPP is available from that URL at least for the period starting the day you submit your NOI
until you are authorized to discharge. You are not required to post any confidential business
information (CBI) at this URL, but you must clearly identify those portions of the SWPPP that
are being withheld from public access as a result of your determination of CBI.
Stormwater Discharges Associated With Industrial Activity 8
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Table 1-2. NOI Submittal Deadlines/Discharge Authorization Dates
Category NOI Submission
Deadline
Discharge Authorization Date
1
Existing Dischargers – in
operation as of October 30, 2005
and authorized for coverage
under MSGP 2000.
No later than January 5,
2009.
30 days after EPA posts your NOI.
Your authorization under the MSGP
2000 is automatically continued until
you have been granted coverage under
this permit or an alternative permit, or
coverage is otherwise terminated.
New Dischargers or New
Sources - have commenced
discharging between October 30,
2005 and January 5, 2009.
As soon as possible but
no later than January 5,
2009.
30 days after EPA posts your NOI.
New Dischargers or New
Sources - commence discharging
after January 5, 2009.
A minimum of 60 days
prior to commencing
discharge, or a minimum
of 30 days if your
SWPPP is posted on the
Internet during this
period and the Internet
address (i.e., URL) to
your SWPPP is provided
on the NOI form.
If you post your SWPPP on the Internet,
30 days after EPA posts your NOI.
Otherwise, 60 days after EPA posts your
NOI.
New Owner/Operator of
Existing Discharger - transfer of
ownership and/or operation of a
facility whose discharge is
authorized under this permit
A minimum of 30 days
prior to date that the
transfer will take place to
the new owner/operator.
30 days after EPA posts your NOI.
Other Eligible Dischargers - in
operation prior to October 30,
2005, but not covered under the
MSGP 2000 or another NPDES
permit.
Immediately, to
minimize the time
discharges from the
facility will continue to
be unauthorized.
If you post your SWPPP on the Internet,
30 days after EPA posts your NOI.
Otherwise, 60 days after EPA posts your
NOI.
1
Based on a review of your NOI or other information, EPA may delay your authorization for
further review, notify you that additional effluent limitations are necessary, or may deny
coverage under this permit and require submission of an application for an individual NPDES
permit, as detailed in Part 1.6. In these instances, EPA will notify you in writing of the delay, of
the need for additional effluent limits, or of the request for submission of an individual NPDES
permit application.
1.3.2 Continuation of this Permit.
If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued in accordance with 40 CFR 122.6 and remain in force and effect. If
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you were authorized to discharge under this permit prior to the expiration date, any discharges
authorized under this permit will automatically remain covered by this permit until the earliest
of:
• Your authorization for coverage under a reissued permit or a replacement of this
permit following your timely and appropriate submittal of a complete NOI
requesting authorization to discharge under the new permit and compliance with
the requirements of the new permit; or
• Your submittal of a Notice of Termination; or
• Issuance or denial of an individual permit for the facility’s discharges; or
• A formal permit decision by EPA not to reissue this general permit, at which time
EPA will identify a reasonable time period for covered dischargers to seek
coverage under an alternative general permit or an individual permit. Coverage
under this permit will cease at the end of this time period.
1.4 Terminating Coverage.
1.4.1 Submitting a Notice of Termination.
To terminate permit coverage, you must submit a complete and accurate Notice of
Termination either electronically (strongly encouraged) at www.epa.gov/npdes/eNOI or using
the paper Notice of Termination form included in Appendix H of this permit, to the address
listed in Part 7.6.1. Your authorization to discharge under this permit terminates at midnight of
the day that a complete Notice of Termination is processed and posted on EPA’s website
(www.epa.gov/npdes/noisearch). If you submit a Notice of Termination without meeting one or
more of the conditions identified in Part 1.4.2, then your Notice of Termination is not valid. You
are responsible for meeting the terms of this permit until your authorization is terminated.
1.4.2 When to Submit a Notice of Termination.
You must submit a Notice of Termination within 30 days after one or more of the
following conditions have been met:
• A new owner or operator has taken over responsibility for the facility; or
• You have ceased operations at the facility, there are not or no longer will be
discharges of stormwater associated with industrial activity from the facility, and
you have already implemented necessary sediment and erosion controls as
required by Part 2.1.2.5;
• You are a Sector G, H, or J facility and you have met the applicable termination
requirements; or
• You have obtained coverage under an individual or alternative general permit for
all discharges required to be covered by an NPDES permit, unless EPA has
required that you obtain such coverage under authority of Part 1.6.1, in which
case coverage under this permit will terminate automatically.
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1.5 Conditional Exclusion for No Exposure.
If you are covered by this permit, and become eligible for a no exposure exclusion from
permitting under 40 CFR 122.26(g), you may file a No Exposure Certification. You are no
longer required to have a permit upon submission of a complete and accurate no exposure
certification to EPA. If you are no longer required to have permit coverage because of a no
exposure exclusion and have submitted a No Exposure Certification form to EPA, you are not
required to submit a Notice of Termination. You must submit a No Exposure Certification to
EPA once every five years. File your No Exposure Certification using the eNOI system at
www.epa.gov/npdes/eNOI.
1.6 Alternative Permits.
1.6.1 EPA Requiring Coverage under an Alternative Permit.
EPA may require you to apply for and/or obtain authorization to discharge under either
an individual NPDES permit or an alternative NPDES general permit in accordance with 40 CFR
122.64 and 124.5. Any interested person may petition EPA to take action under this paragraph. If
EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a
permit application is required. This notification will include a brief statement of the reasons for
this decision and will provide application information. In addition, if you are an existing
discharger authorized to discharge under this permit, the notice will set a deadline to file the
permit application, and will include a statement that on the effective date of the individual
NPDES permit, or the alternative general permit as it applies to you, coverage under this general
permit will terminate. EPA may grant additional time to submit the application if you request it.
If you are covered under this permit and fail to submit an individual NPDES permit application
as required by EPA, then the applicability of this permit to you is terminated at the end of the day
specified by EPA as the deadline for application submittal. EPA may take appropriate
enforcement action for any unpermitted discharge.
1.6.2 Permittee Requesting Coverage under an Alternative Permit.
You may request to be excluded from coverage under this general permit by applying for
an individual permit. In such a case, you must submit an individual permit application in
accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with reasons supporting the
request, to EPA at the applicable EPA Regional Office listed in Part 7.6.2 of this permit. The
request may be granted by issuance of an individual permit or authorization of coverage under an
alternative general permit if your reasons are adequate to support the request.
When an individual NPDES permit is issued to you or you are authorized to discharge
under an alternative NPDES general permit, your authorization to discharge under this permit is
terminated on the effective date of the individual permit or the date of authorization of coverage
under the alternative general permit.
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1.7 Severability.
Invalidation of a portion of this permit does not necessarily render the whole permit
invalid. EPA’s intent is that the permit is to remain in effect to the extent possible; in the event
that any part of this permit is invalidated, EPA will advise the regulated community as to the
effect of such invalidation.
2. Control Measures and Effluent Limits.
In the technology-based limits included in Part 2.1 and in Part 8, the term “minimize”
means reduce and/or eliminate to the extent achievable using control measures (including best
management practices) that are technologically available and economically practicable and
achievable in light of best industry practice.
2.1 Control Measures.
You must select, design, install, and implement control measures (including best
management practices) to address the selection and design considerations in Part 2.1.1, meet the
non-numeric effluent limits in Part 2.1.2, and meet limits contained in applicable effluent
limitations guidelines in Part 2.1.3. The selection, design, installation, and implementation of
these control measures must be in accordance with good engineering practices and
manufacturer’s specifications. Note that you may deviate from such manufacturer’s
specifications where you provide justification for such deviation and include documentation of
your rationale in the part of your SWPPP that describes your control measures, consistent with
Part 5.1.4. If you find that your control measures are not achieving their intended effect of
minimizing pollutant discharges, you must modify these control measures as expeditiously as
practicable. Regulated stormwater discharges from your facility include stormwater run-on that
commingles with stormwater discharges associated with industrial activity at your facility.
2.1.1 Control Measure Selection and Design Considerations
You must consider the following when selecting and designing control measures:
• preventing stormwater from coming into contact with polluting materials is
generally more effective, and less costly, than trying to remove pollutants from
stormwater;
• using control measures in combination is more effective than using control
measures in isolation for minimizing pollutants in your stormwater discharge;
• assessing the type and quantity of pollutants, including their potential to impact
receiving water quality, is critical to designing effective control measures that will
achieve the limits in this permit;
• minimizing impervious areas at your facility and infiltrating runoff onsite
(including bioretention cells, green roofs, and pervious pavement, among other
approaches) can reduce runoff and improve groundwater recharge and stream
base flows in local streams, although care must be taken to avoid ground water
contamination;
Stormwater Discharges Associated With Industrial Activity 12
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• attenuating flow using open vegetated swales and natural depressions can reduce
in-stream impacts of erosive flows;
• conserving and/or restoring of riparian buffers will help protect streams from
stormwater runoff and improve water quality; and
• using treatment interceptors (e.g., swirl separators and sand filters) may be
appropriate in some instances to minimize the discharge of pollutants.
2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT).
2.1.2.1 Minimize Exposure. You must minimize the exposure of manufacturing, processing, and
material storage areas (including loading and unloading, storage, disposal, cleaning,
maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either locating these
industrial materials and activities inside or protecting them with storm resistant coverings
(although significant enlargement of impervious surface area is not recommended). In
minimizing exposure, you should pay particular attention to the following:
- use grading, berming, or curbing to prevent runoff of contaminated flows and divert
run-on away from these areas;
- locate materials, equipment, and activities so that leaks are contained in existing
containment and diversion systems (confine the storage of leaky or leak-prone
vehicles and equipment awaiting maintenance to protected areas);
- clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the
discharge of pollutants;
- use drip pans and absorbents under or around leaky vehicles and equipment or store
indoors where feasible;
- use spill/overflow protection equipment;
- drain fluids from equipment and vehicles prior to on-site storage or disposal;
- perform all cleaning operations indoors, under cover, or in bermed areas that prevent
runoff and run-on and also that capture any overspray; and
- ensure that all washwater drains to a proper collection system (i.e., not the stormwater
drainage system).
The discharge of vehicle and equipment washwater, including tank cleaning operations,
is not authorized by this permit. These wastewaters must be covered under a separate
NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial
pretreatment requirements, or disposed of otherwise in accordance with applicable law.
Note: Industrial materials do not need to be enclosed or covered if stormwater runoff
from affected areas will not be discharged to receiving waters or if discharges are
authorized under another NPDES permit.
2.1.2.2 Good Housekeeping. You must keep clean all exposed areas that are potential sources of
pollutants, using such measures as sweeping at regular intervals, keeping materials
orderly and labeled, and storing materials in appropriate containers.
Stormwater Discharges Associated With Industrial Activity 13
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2.1.2.3 Maintenance. You must regularly inspect, test, maintain, and repair all industrial
equipment and systems to avoid situations that may result in leaks, spills, and other
releases of pollutants in stormwater discharged to receiving waters. You must maintain
all control measures that are used to achieve the effluent limits required by this permit in
effective operating condition. Nonstructural control measures must also be diligently
maintained (e.g., spill response supplies available, personnel appropriately trained). If
you find that your control measures need to be replaced or repaired, you must make the
necessary repairs or modifications as expeditiously as practicable.
2.1.2.4 Spill Prevention and Response Procedures. You must minimize the potential for leaks,
spills and other releases that may be exposed to stormwater and develop plans for
effective response to such spills if or when they occur. At a minimum, you must
implement:
• Procedures for plainly labeling containers (e.g., “Used Oil,” “Spent Solvents,”
“Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage
to encourage proper handling and facilitate rapid response if spills or leaks occur;
• Preventative measures such as barriers between material storage and traffic areas,
secondary containment provisions, and procedures for material storage and
handling;
• Procedures for expeditiously stopping, containing, and cleaning up leaks, spills,
and other releases. Employees who may cause, detect, or respond to a spill or
leak must be trained in these procedures and have necessary spill response
equipment available. If possible, one of these individuals should be a member of
your stormwater pollution prevention team (see Part 5.1.1); and
• Procedures for notification of appropriate facility personnel, emergency response
agencies, and regulatory agencies. Where a leak, spill, or other release containing
a hazardous substance or oil in an amount equal to or in excess of a reportable
quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR
Part 302, occurs during a 24-hour period, you must notify the National Response
Center (NRC) at (800) 424-8802 or, in the Washington, DC, metropolitan area,
call (202) 267-2675 in accordance with the requirements of 40 CFR Part 110, 40
CFR Part 117, and 40 CFR Part 302 as soon as you have knowledge of the
discharge. State or local requirements may necessitate reporting spills or
discharges to local emergency response, public health, or drinking water supply
agencies. Contact information must be in locations that are readily accessible and
available.
2.1.2.5 Erosion and Sediment Controls. You must stabilize exposed areas and contain runoff
using structural and/or non-structural control measures to minimize onsite erosion and
sedimentation, and the resulting discharge of pollutants. Among other actions you must
take to meet this limit, you must place flow velocity dissipation devices at discharge
locations and within outfall channels where necessary to reduce erosion and/or settle out
pollutants. In selecting, designing, installing, and implementing appropriate control
measures, you are encouraged to consult with EPA’s internet-based resources relating to
BMPs for erosion and sedimentation, including the sector-specific Industrial Stormwater
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Fact Sheet Series, (www.epa.gov/npdes/stormwater/msgp), National Menu of Stormwater
BMPs (www.epa.gov/npdes/stormwater/menuofbmps), and National Management
Measures to Control Nonpoint Source Pollution from Urban Areas
(www.epa.gov/owow/nps/urbanmm/index.html
), and any similar State or Tribal
publications.
2.1.2.6 Management of Runoff. You must divert, infiltrate, reuse, contain, or otherwise reduce
stormwater runoff, to minimize pollutants in your discharges. In selecting, designing,
installing, and implementing appropriate control measures, you are encouraged to consult
with EPA’s internet-based resources relating to runoff management, including the sector-
specific Industrial Stormwater Fact Sheet Series,
(www.epa.gov/npdes/stormwater/msgp
), National Menu of Stormwater BMPs
(www.epa.gov/npdes/stormwater/menuofbmps), and National Management Measures to
Control Nonpoint Source Pollution from Urban Areas
(www.epa.gov/owow/nps/urbanmm/index.html), and any similar State or Tribal
publications.
2.1.2.7 Salt Storage Piles or Piles Containing Salt. You must enclose or cover storage piles of
salt, or piles containing salt, used for deicing or other commercial or industrial purposes,
including maintenance of paved surfaces. You must implement appropriate measures
(e.g., good housekeeping, diversions, containment) to minimize exposure resulting from
adding to or removing materials from the pile. Piles do not need to be enclosed or
covered if stormwater runoff from the piles is not discharged or if discharges from the
piles are authorized under another NPDES permit.
2.1.2.8 Sector Specific Non-Numeric Effluent Limits. You must achieve any additional non-
numeric limits stipulated in the relevant sector-specific section(s) of Part 8.
2.1.2.9 Employee Training. You must train all employees who work in areas where industrial
materials or activities are exposed to stormwater, or who are responsible for
implementing activities necessary to meet the conditions of this permit (e.g., inspectors,
maintenance personnel), including all members of your Pollution Prevention Team.
Training must cover both the specific control measures used to achieve the effluent limits
in this Part, and monitoring, inspection, planning, reporting, and documentation
requirements in other parts of this permit. EPA recommends training be conducted at
least annually (or more often if employee turnover is high).
2.1.2.10 Non-Stormwater Discharges. You must eliminate non-stormwater discharges not
authorized by an NPDES permit. See Part 1.2.3 for a list of non-stormwater discharges
authorized by this permit.
2.1.2.11 Waste, Garbage and Floatable Debris. You must ensure that waste, garbage, and
floatable debris are not discharged to receiving waters by keeping exposed areas free of
such materials or by intercepting them before they are discharged.
Stormwater Discharges Associated With Industrial Activity 15
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2.1.2.12 Dust Generation and Vehicle Tracking of Industrial Materials. You must minimize
generation of dust and off-site tracking of raw, final, or waste materials.
2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines
If you are in an industrial category subject to one of the effluent limitations guidelines
identified in Table 6-1 (see Part 6.2.2.1), you must meet the effluent limits referenced in Table 2-
1 below:
Table 2-1. Applicable Effluent Limitations Guidelines
Regulated Activity 40 CFR Part/Subpart Effluent Limit
Discharges resulting from spray down or
intentional wetting of logs at wet deck
storage areas
Part 429, Subpart I See Part 8.A.7
Runoff from phosphate fertilizer
manufacturing facilities that comes into
contact with any raw materials, finished
product, by-products or waste products
(SIC 2874)
Part 418, Subpart A See Part 8.C.4
Runoff from asphalt emulsion facilities Part 443, Subpart A See Part 8.D.4
Runoff from material storage piles at
cement manufacturing facilities
Part 411, Subpart C See Part 8.E.5
Mine dewatering discharges at crushed
stone, construction sand and gravel, or
industrial sand mining facilities
Part 436, Subparts B, C,
or D
See Part 8.J.9
Runoff from hazardous waste landfills Part 445, Subpart A See Part 8.K.6
Runoff from non-hazardous waste
landfills
Part 445, Subpart B See Part 8.L.10
Runoff from coal storage piles at steam
electric generating facilities
Part 423 See Part 8.O.8
2.2 Water Quality-Based Effluent Limitations.
2.2.1 Water Quality Standards
Your discharge must be controlled as necessary to meet applicable water quality
standards.
EPA expects that compliance with the other conditions in this permit will control
discharges as necessary to meet applicable water quality standards. If at any time you become
aware, or EPA determines, that your discharge causes or contributes to an exceedance of
applicable water quality standards, you must take corrective action as required in Part 3.1,
document the corrective actions as required in Parts 3.4 and 5.4, and report the corrective actions
to EPA as required in Part 7.2.
Stormwater Discharges Associated With Industrial Activity 16
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Additionally, EPA may impose additional water quality-based limitations on a site-
specific basis, or require you to obtain coverage under an individual permit, if information in
your NOI, required reports, or from other sources indicates that your discharges are not
controlled as necessary to meet applicable water quality standards.
2.2.2 Discharges to Water Quality Impaired Waters.
2.2.2.1 Existing Discharge to an Impaired Water with an EPA Approved or Established
TMDL. If you discharge to an impaired water with an EPA approved or established
TMDL, EPA will inform you if any additional limits or controls are necessary for your
discharge to be consistent with the assumptions of any available wasteload allocation in
the TMDL, or if coverage under an individual permit is necessary in accordance with Part
1.6.1.
2.2.2.2 Existing Discharge to an Impaired Water without an EPA Approved or Established
TMDL. If you discharge to an impaired water without an EPA approved or established
TMDL, you are required to comply with Part 2.2.1 and the monitoring requirement of
Part 6.2.4. Note that this provision also applies to situations where EPA determines that
your discharge is not controlled as necessary to meet water quality standards in a
downstream water segment, even if your discharge is to a receiving water that is not
specifically identified on a Section 303(d) list.
2.2.2.3 New Discharge to an Impaired Water. If your authorization to discharge under this
permit relied on Part 1.1.4.7 for a new discharge to an impaired water, you must
implement and maintain any control measures or conditions on your site that enabled you
to become eligible under Part 1.1.4.7, and modify such measures or conditions as
necessary pursuant to any Part 3 corrective actions. You are also required to comply with
Part 2.2.1 and the monitoring requirements of Parts 6.2.4.
2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers
If you are a new discharger, or an existing discharger required to notify EPA of an
increased discharge consistent with Part 7.4 (i.e., a “planned changes” report), and you discharge
directly to waters designated by a State or Tribe as Tier 2 or Tier 2.5 for antidegradation
purposes under 40 CFR 131.12(a) (see list of Tier 2 and 2.5 waters on EPA’s website at
http://www.epa.gov/npdes/stormwater/msgp
), EPA may notify you that additional analyses,
control measures, or other permit conditions are necessary to comply with the applicable
antidegradation requirements, or notify you that an individual permit application is necessary in
accordance with Part 1.6.1.
2.3 Requirements Relating to Endangered Species and Historic Properties
If your eligibility under either Part 1.1.4.5 or Part 1.1.4.6 was made possible through
your, or another operator’s, agreement to include certain measures or prerequisite actions, or
implement certain terms and conditions, you must comply with all such agreed-upon
requirements to maintain eligibility under the MSGP.
Stormwater Discharges Associated With Industrial Activity 17
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2.4 Requirements Relating to the National Environmental Policy Act (NEPA) Review
If your eligibility under Part 1.1.2.5 was made possible through your agreement to
implement any mitigation measures as a result of the NEPA review process, you must comply
with all such agreed-upon measures to maintain eligibility under the MSGP.
3. Corrective Actions
3.1 Conditions Requiring Review and Revision to Eliminate Problem
If any of the following conditions occur, you must review and revise the selection,
design, installation, and implementation of your control measures to ensure that the condition is
eliminated and will not be repeated in the future:
• an unauthorized release or discharge (e.g., spill, leak, or discharge of non-stormwater not
authorized by this or another NPDES permit) occurs at your facility;
• a discharge violates a numeric effluent limit;
• you become aware, or EPA determines, that your control measures are not stringent
enough for the discharge to meet applicable water quality standards;
• an inspection or evaluation of your facility by an EPA official, or local, State, or Tribal
entity, determines that modifications to the control measures are necessary to meet the
non-numeric effluent limits in this permit; or
• you find in your routine facility inspection, quarterly visual assessment, or
comprehensive site inspection that your control measures are not being properly operated
and maintained.
3.2 Conditions Requiring Review to Determine if Modifications Are Necessary
If any of the following conditions occur, you must review the selection, design, installation,
and implementation of your control measures to determine if modifications are necessary to meet
the effluent limits in this permit:
• construction or a change in design, operation, or maintenance at your facility
significantly changes the nature of pollutants discharged in stormwater from your
facility, or significantly increases the quantity of pollutants discharged; or
• the average of 4 quarterly sampling results exceeds an applicable benchmark. If less
than 4 benchmark samples have been taken, but the results are such that an
exceedence of the 4 quarter average is mathematically certain (i.e., if the sum of
quarterly sample results to date is more than 4 times the benchmark level) this is
considered a benchmark exceedence, triggering this review.
3.3 Corrective Action Deadlines
You must document your discovery of any of the conditions listed in Parts 3.1 and 3.2
within 24 hours of making such discovery. Subsequently, within 14 days of such discovery, you
Stormwater Discharges Associated With Industrial Activity 18
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must document any corrective action(s) to be taken to eliminate or further investigate the
deficiency, or if no corrective action is needed, the basis for that determination. Specific
documentation required within 24 hours and 14 days is detailed in Part 3.4. If you determine that
changes are necessary following your review, any modifications to your control measures must
be made before the next storm event if possible, or as soon as practicable following that storm
event. These time intervals are not grace periods, but are schedules considered reasonable for
documenting your findings and for making repairs and improvements. They are included in this
permit to ensure that the conditions prompting the need for these repairs and improvements are
not allowed to persist indefinitely.
3.4 Corrective Action Report
Within 24 hours of discovery of any condition listed in Parts 3.1 and 3.2, you must
document the following information (i.e., questions 3-5 of the Corrective Actions section in the
Annual Reporting Form, provided in Appendix I):
• Identification of the condition triggering the need for corrective action review;
• Description of the problem identified; and
• Date the problem was identified.
Within 14 days of discovery of any condition listed in Parts 3.1 and 3.2, you must
document the following information (i.e., questions 7-11 of the Corrective Actions section in the
Annual Reporting Form, provided in Appendix I):
• Summary of corrective action taken or to be taken (or, for triggering events identified in
Part 3.2 where you determine that corrective action is not necessary, the basis for this
determination);
• Notice of whether SWPPP modifications are required as a result of this discovery or
corrective action;
• Date corrective action initiated; and
• Date corrective action completed or expected to be completed.
You must submit this documentation in an annual report as required in Part 7.2 and retain
a copy onsite with your SWPPP as required in Part 5.4.
3.5 Effect of Corrective Action
If the event triggering the review is a permit violation (e.g., non-compliance with an
effluent limit), correcting it does not remove the original violation. Additionally, failing to take
corrective action in accordance with this section is an additional permit violation. EPA will
consider the appropriateness and promptness of corrective action in determining enforcement
responses to permit violations.
Stormwater Discharges Associated With Industrial Activity 19
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3.6 Substantially Identical Outfalls
If the event triggering corrective action is linked to an outfall that represents other
substantially identical outfalls, your review must assess the need for corrective action for each
outfall represented by the outfall that triggered the review. Any necessary changes to control
measures that affect these other outfalls must also be made before the next storm event if
possible, or as soon as practicable following that storm event.
4. Inspections
You must conduct the inspections in Parts 4.1, 4.2, and 4.3 at your facility.
4.1 Routine Facility Inspections.
4.1.1 Routine Facility Inspection Procedures.
Conduct routine facility inspections of all areas of the facility where industrial materials
or activities are exposed to stormwater, and of all stormwater control measures used to comply
with the effluent limits contained in this permit. Routine facility inspections must be conducted
at least quarterly (i.e., once each calendar quarter) although in many instances, more frequent
inspection (e.g., monthly) may be appropriate for some types of equipment, processes, and
control measures or areas of the facility with significant activities and materials exposed to
stormwater. Perform these inspections during periods when the facility is in operation. You
must specify the relevant inspection schedules in your SWPPP document as required in Part
5.1.5. These routine inspections must be performed by qualified personnel (for definition see
Appendix A) with at least one member of your stormwater pollution prevention team
participating. At least once each calendar year, the routine facility inspection must be conducted
during a period when a stormwater discharge is occurring.
4.1.2 Routine Facility Inspection Documentation.
You must document the findings of each routine facility inspection performed and
maintain this documentation onsite with your SWPPP as required in Part 5.4. You are not
required to submit your routine facility inspection findings to EPA, unless specifically requested
to do so. At a minimum, your documentation of each routine facility inspection must include:
• The inspection date and time;
• The name(s) and signature(s) of the inspector(s);
• Weather information and a description of any discharges occurring at the time of
the inspection;
• Any previously unidentified discharges of pollutants from the site;
• Any control measures needing maintenance or repairs;
• Any failed control measures that need replacement;
• Any incidents of noncompliance observed; and
• Any additional control measures needed to comply with the permit requirements.
Stormwater Discharges Associated With Industrial Activity 20
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Any corrective action required as a result of a routine facility inspection must be
performed consistent with Part 3 of this permit.
4.1.3 Exceptions to Routine Facility Inspections.
Inactive and Unstaffed Sites: The requirement to conduct routine facility inspections on
a quarterly basis does not apply at a facility that is inactive and unstaffed, as long as there
are no industrial materials or activities exposed to stormwater. Such a facility is only
required to conduct an annual comprehensive site inspection in accordance with the
requirements of Part 4.3. To invoke this exception, you must maintain a statement in
your SWPPP pursuant to Part 5.1.5.2 indicating that the site is inactive and unstaffed, and
that there are no industrial materials or activities exposed to precipitation, in accordance
with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement must be
signed and certified in accordance with Appendix B, Subsection 11. If circumstances
change and industrial materials or activities become exposed to stormwater or your
facility becomes active and/or staffed, this exception no longer applies and you must
immediately resume quarterly facility inspections. If you are not qualified for this
exception at the time you are authorized under this permit, but during the permit term you
become qualified because your facility is inactive and unstaffed, and there are no
industrial materials or activities that are exposed to stormwater, then you must include the
same signed and certified statement as above and retain it with your records pursuant to
Part 5.4.
Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines
and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing),
are not required to meet the “no industrial materials or activities exposed to stormwater”
standard to be eligible for this exception from routine inspections, consistent with the
requirements established in Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1.
4.2 Quarterly Visual Assessment of Stormwater Discharges.
4.2.1 Quarterly Visual Assessment Procedures.
Once each quarter for the entire permit term, you must collect a stormwater sample from
each outfall (except as noted in Part 4.2.3) and conduct a visual assessment of each of these
samples. These samples are not required to be collected consistent with 40 CFR Part 136
procedures but should be collected in such a manner that the samples are representative of the
stormwater discharge.
The visual assessment must be made:
• Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit
area;
• On samples collected within the first 30 minutes of an actual discharge from a
storm event. If it is not possible to collect the sample within the first 30 minutes
of discharge, the sample must be collected as soon as practicable after the first 30
Stormwater Discharges Associated With Industrial Activity 21
General Permit
minutes and you must document why it was not possible to take samples within
the first 30 minutes. In the case of snowmelt, samples must be taken during a
period with a measurable discharge from your site; and
• For storm events, on discharges that occur at least 72 hours (3 days) from the
previous discharge. The 72-hour (3-day) storm interval does not apply if you
document that less than a 72-hour (3-day) interval is representative for local storm
events during the sampling period.
You must visually inspect the sample for the following water quality characteristics:
- Color;
- Odor;
- Clarity;
- Floating solids;
- Settled solids;
- Suspended solids;
- Foam;
- Oil sheen; and
- Other obvious indicators of stormwater pollution.
4.2.2 Quarterly Visual Assessment Documentation.
You must document the results of your visual assessments and maintain this
documentation onsite with your SWPPP as required in Part 5.4. You are not required to submit
your visual assessment findings to EPA, unless specifically requested to do so. At a minimum,
your documentation of the visual assessment must include:
• Sample location(s)
• Sample collection date and time, and visual assessment date and time for each
sample;
• Personnel collecting the sample and performing visual assessment, and their
signatures;
• Nature of the discharge (i.e., runoff or snowmelt);
• Results of observations of the stormwater discharge;
• Probable sources of any observed stormwater contamination,
• If applicable, why it was not possible to take samples within the first 30 minutes.
Any corrective action required as a result of a quarterly visual assessment must be
performed consistent with Part 3 of this permit.
4.2.3 Exceptions to Quarterly Visual Assessments.
Adverse Weather Conditions
: When adverse weather conditions prevent the collection of
samples during the quarter, you must take a substitute sample during the next qualifying
storm event. Documentation of the rationale for no visual assessment for the quarter must
be included with your SWPPP records as described in Part 5.4. Adverse conditions are
Stormwater Discharges Associated With Industrial Activity 22
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those that are dangerous or create inaccessibility for personnel, such as local flooding,
high winds, or electrical storms, or situations that otherwise make sampling impractical,
such as drought or extended frozen conditions.
Climates with Irregular Stormwater Runoff: If your facility is located in an area where
limited rainfall occurs during many parts of the year (e.g., arid or semi-arid climate) or in
an area where freezing conditions exist that prevent runoff from occurring for extended
periods, then your samples for the quarterly visual assessments may be distributed during
seasons when precipitation runoff occurs.
Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment
must capture snowmelt discharge, as described in Part 6.1.3, taking into account the
exception described above for climates with irregular stormwater runoff.
Inactive and unstaffed sites: The requirement for a quarterly visual assessment does not
apply at a facility that is inactive and unstaffed, as long as there are no industrial
materials or activities exposed to stormwater. To invoke this exception, you must
maintain a statement in your SWPPP as required in Part 5.1.5.2 indicating that the site is
inactive and unstaffed, and that there are no industrial materials or activities exposed to
precipitation, in accordance with the substantive requirements in 40 CFR
122.26(g)(4)(iii). The statement must be signed and certified in accordance with
Appendix B, Subsection 11. If circumstances change and industrial materials or activities
become exposed to stormwater or your facility becomes active and/or staffed, this
exception no longer applies and you must immediately resume quarterly visual
assessments. If you are not qualified for this exception at the time you are authorized
under this permit, but during the permit term you become qualified because your facility
is inactive and unstaffed, and there are no industrial materials or activities that are
exposed to stormwater, then you must include the same signed and certified statement as
above and retain it with your records pursuant to Part 5.4.
Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines
and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing),
are not required to meet the “no industrial materials or activities exposed to stormwater”
standard to be eligible for this exception from quarterly visual assessment, consistent
with the requirements established in Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1.
Substantially identical outfalls: If your facility has two or more outfalls that you believe
discharge substantially identical effluents, as documented in Part 5.1.5.2, you may
conduct quarterly visual assessments of the discharge at just one of the outfalls and report
that the results also apply to the substantially identical outfall(s) provided that you
perform visual assessments on a rotating basis of each substantially identical outfall
throughout the period of your coverage under this permit.
If stormwater contamination is identified through visual assessment performed at a
substantially identical outfall, you must assess and modify your control measures as
appropriate for each outfall represented by the monitored outfall.
Stormwater Discharges Associated With Industrial Activity 23
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4.3 Comprehensive Site Inspections.
4.3.1 Comprehensive Site Inspection Procedures.
You must conduct annual comprehensive site inspections while you are covered under
this permit. Annual, as defined in this Part, means once during each of the following inspection
periods beginning with the period you are authorized to discharge under this permit:
Year 1: September 29, 2008 – September 29, 2009
Year 2: September 29, 2009 – September 29, 2010
Year 3: September 29, 2010 – September 29, 2011
Year 4: September 29, 2011 – September 29, 2012
Year 5: September 29, 2012 – September 29, 2013
You are waived from having to perform a comprehensive site inspection for an inspection
period, as defined above, if you obtain authorization to discharge less than three months before
the end of that inspection period.
Should your coverage be administratively continued after the expiration date of this
permit, you must continue to perform these inspections annually until you are no longer covered.
Comprehensive site inspections must be conducted by qualified personnel with at least
one member of your stormwater pollution prevention team participating in the comprehensive
site inspections.
Your comprehensive site inspections must cover all areas of the facility affected by the
requirements in this permit, including the areas identified in the SWPPP as potential pollutant
sources (see Part 5.1.3) where industrial materials or activities are exposed to stormwater, any
areas where control measures are used to comply with the effluent limits in Part 2, and areas
where spills and leaks have occurred in the past 3 years. The inspections must also include a
review of monitoring data collected in accordance with Part 6.2. Inspectors must consider the
results of the past year’s visual and analytical monitoring when planning and conducting
inspections. Inspectors must examine the following:
• Industrial materials, residue, or trash that may have or could come into contact with
stormwater;
• Leaks or spills from industrial equipment, drums, tanks, and other containers;
• Offsite tracking of industrial or waste materials, or sediment where vehicles enter or exit
the site;
• Tracking or blowing of raw, final, or waste materials from areas of no exposure to
exposed areas; and
• Control measures needing replacement, maintenance, or repair.
Stormwater Discharges Associated With Industrial Activity 24
General Permit
Stormwater control measures required by this permit must be observed to ensure that they
are functioning correctly. If discharge locations are inaccessible, nearby downstream locations
must be inspected.
Your annual comprehensive site inspection may also be used as one of the routine
inspections, as long as all components of both types of inspections are included.
4.3.2 Comprehensive Site Inspection Documentation.
You must document the findings of each comprehensive site inspection and maintain this
documentation onsite with your SWPPP as required in Part 5.4. In addition, you must submit
this documentation in an annual report as required in Part 7.2. At a minimum, your
documentation of the comprehensive site inspection must include (see the Annual Reporting
Form included as Appendix I):
• The date of the inspection;
• The name(s) and title(s) of the personnel making the inspection;
• Findings from the examination of areas of your facility identified in Part 4.3.1;
• All observations relating to the implementation of your control measures
including:
previously unidentified discharges from the site,
previously unidentified pollutants in existing discharges,
evidence of, or the potential for, pollutants entering the drainage system;
evidence of pollutants discharging to receiving waters at all facility outfall(s),
and the condition of and around the outfall, including flow dissipation
measures to prevent scouring, and
additional control measures needed to address any conditions requiring
corrective action identified during the inspection.
• Any required revisions to the SWPPP resulting from the inspection;
• Any incidents of noncompliance observed or a certification stating the facility is
in compliance with this permit (if there is no noncompliance); and
• A statement, signed and certified in accordance with Appendix B, Subsection 11
of the permit.
Any corrective action required as a result of the comprehensive site inspection must be
performed consistent with Part 3 of this permit.
5. Stormwater Pollution Prevention Plan (SWPPP).
You must prepare a SWPPP for your facility before
submitting your Notice of Intent
(NOI) for permit coverage. If you prepared a SWPPP for coverage under a previous NPDES
permit, you must review and update the SWPPP to implement all provisions of this permit prior
to submitting your NOI. The SWPPP does not contain effluent limitations; the limitations are
contained in Part 2 of the permit, and for some sectors, Parts 8 and 9 of the permit. The SWPPP
is intended to document the selection, design, and installation of control measures. As distinct
from the SWPPP, the additional documentation requirements (see Part 5.4) are intended to
Stormwater Discharges Associated With Industrial Activity 25
General Permit
document the implementation (including inspection, maintenance, monitoring, and corrective
action) of the permit requirements.
5.1 Contents of Your SWPPP.
For coverage under this permit, your SWPPP must contain all of the following elements:
• Stormwater pollution prevention team (see Part 5.1.1);
• Site description (see Part 5.1.2);
• Summary of potential pollutant sources (see Part 5.1.3);
• Description of control measures (see Part 5.1.4);
• Schedules and procedures (see Part 5.1.5);
• Documentation to support eligibility considerations under other federal laws (see
Part 5.1.6); and
• Signature requirements (see Part 5.1.7).
Where your SWPPP refers to procedures in other facility documents, such as a Spill
Prevention, Control and Countermeasure (SPCC) Plan or an Environmental Management System
(EMS) developed for a National Environmental Performance Track facility, copies of the
relevant portions of those documents must be kept with your SWPPP.
5.1.1 Stormwater Pollution Prevention Team.
You must identify the staff members (by name or title) that comprise the facility’s
stormwater pollution prevention team as well as their individual responsibilities. Your
stormwater pollution prevention team is responsible for assisting the facility manager in
developing and revising the facility’s SWPPP as well as maintaining control measures and taking
corrective actions where required. Each member of the stormwater pollution prevention team
must have ready access to either an electronic or paper copy of applicable portions of this permit
and your SWPPP.
5.1.2 Site Description.
Your SWPPP must include the following:
• Activities at the Facility. Provide a description of the nature of the industrial
activities at your facility.
• General location map. Provide a general location map (e.g., U.S. Geological
Survey (USGS) quadrangle map) with enough detail to identify the location of
your facility and all receiving waters for your stormwater discharges.
• Site map. Provide a map showing:
the size of the property in acres;
the location and extent of significant structures and impervious surfaces;
directions of stormwater flow (use arrows);
locations of all existing structural control measures;
Stormwater Discharges Associated With Industrial Activity 26
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locations of all receiving waters in the immediate vicinity of your facility,
indicating if any of the waters are impaired and, if so, whether the waters have
TMDLs established for them;
locations of all stormwater conveyances including ditches, pipes, and swales;
locations of potential pollutant sources identified under Part 5.1.3.2;
locations where significant spills or leaks identified under Part 5.1.3.3 have
occurred;
locations of all stormwater monitoring points;
locations of stormwater inlets and outfalls, with a unique identification code
for each outfall (e.g., Outfall No. 1, No. 2, etc), indicating if you are treating
one or more outfalls as “substantially identical” under Parts 4.2.3, 5.1.5.2, and
6.1.1, and an approximate outline of the areas draining to each outfall;
municipal separate storm sewer systems, where your stormwater discharges to
them;
locations and descriptions of all non-stormwater discharges identified under
Part 2.1.2.10;
locations of the following activities where such activities are exposed to
precipitation:
o fueling stations;
o vehicle and equipment maintenance and/or cleaning areas;
o loading/unloading areas;
o locations used for the treatment, storage, or disposal of wastes;
o liquid storage tanks;
o processing and storage areas;
o
immediate access roads and rail lines used or traveled by carriers of raw
materials, manufactured products, waste material, or by-products used or
created by the facility;
o transfer areas for substances in bulk; and
o machinery; and
locations and sources of run-on to your site from adjacent property that
contains significant quantities of pollutants.
5.1.3 Summary of Potential Pollutant Sources.
You must document areas at your facility where industrial materials or activities are
exposed to stormwater and from which allowable non-stormwater discharges are released.
Industrial materials or activities include, but are not limited to: material handling equipment or
activities; industrial machinery; raw materials; industrial production and processes; and
intermediate products, by-products, final products, and waste products. Material handling
activities include, but are not limited to: the storage, loading and unloading, transportation,
disposal, or conveyance of any raw material, intermediate product, final product or waste
product. For each area identified, the description must include:
5.1.3.1 Activities in the area. A list of the industrial activities exposed to stormwater (e.g.,
material storage; equipment fueling, maintenance, and cleaning; cutting steel beams).
Stormwater Discharges Associated With Industrial Activity 27
General Permit
5.1.3.2 Pollutants. A list of the pollutant(s) or pollutant constituents (e.g., crankcase oil, zinc,
sulfuric acid, and cleaning solvents) associated with each identified activity. The
pollutant list must include all significant materials that have been handled, treated, stored,
or disposed, and that have been exposed to stormwater in the 3 years prior to the date you
prepare or amend your SWPPP.
5.1.3.3 Spills and Leaks. You must document where potential spills and leaks could occur that
could contribute pollutants to stormwater discharges, and the corresponding outfall(s)
that would be affected by such spills and leaks. You must document all significant spills
and leaks of oil or toxic or hazardous pollutants that actually occurred at exposed areas,
or that drained to a stormwater conveyance, in the 3 years prior to the date you prepare or
amend your SWPPP.
Note: Significant spills and leaks include, but are not limited to, releases of oil or
hazardous substances in excess of quantities that are reportable under CWA Section 311
(see 40 CFR 110.6 and 40 CFR 117.21) or Section 102 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §9602.
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.
5.1.3.4 Non-Stormwater Discharges. You must document that you have evaluated for the
presence of non-stormwater discharges and that all unauthorized discharges have been
eliminated. Documentation of your evaluation must include:
• The date of any evaluation;
• A description of the evaluation criteria used;
• A list of the outfalls or onsite drainage points that were directly observed during
the evaluation;
• The different types of non-stormwater discharge(s) and source locations; and
• The action(s) taken, such as a list of control measures used to eliminate
unauthorized discharge(s), if any were identified. For example, a floor drain was
sealed, a sink drain was re-routed to sanitary, or an NPDES permit application
was submitted for an unauthorized cooling water discharge.
5.1.3.5 Salt Storage. You must document the location of any storage piles containing salt used
for deicing or other commercial or industrial purposes.
5.1.3.6 Sampling Data. You must summarize all stormwater discharge sampling data collected
at your facility during the previous permit term.
5.1.4 Description of Control Measures.
5.1.4.1 Control Measures to Meet Technology-Based and Water Quality-Based Effluent
Limits. You must document the location and type of control measures you have installed
and implemented at your site to achieve the non-numeric effluent limits in Part 2.1.2, and
where applicable in Part 8, the effluent limitations guidelines-based limits in Part 2.1.3,
Stormwater Discharges Associated With Industrial Activity 28
General Permit
the water quality-based effluent limits in Part 2.2, and any agreed-upon endangered
species or NEPA-related requirements in Parts 2.3 and 2.4, and describe how you
addressed the control measure selection and design considerations in Part 2.1.1. This
documentation must describe how the control measures at your site address both the
pollutant sources identified in Part 5.1.3, and any stormwater run-on that commingles
with any discharges covered under this permit.
5.1.5 Schedules and Procedures
5.1.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2.
The following must be documented in your SWPPP:
• Good Housekeeping (See Part 2.1.2.2) – A schedule for regular pickup and
disposal of waste materials, along with routine inspections for leaks and
conditions of drums, tanks and containers;
• Maintenance (See Part 2.1.2.3) – Preventative maintenance procedures, including
regular inspections, testing, maintenance, and repair of all industrial equipment
and systems, and control measures, to avoid situations that may result in leaks,
spills, and other releases, and any back-up practices in place should a runoff event
occur while a control measure is off-line;
• Spill Prevention and Response Procedures (See Part 2.1.2.4) – Procedures for
preventing and responding to spills and leaks. You 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, provided that you keep a copy of
that other plan onsite and make it available for review consistent with Part 5.3;
and
• Employee Training (Part 2.1.2.9) – A schedule for all types of necessary training.
5.1.5.2 Pertaining to Monitoring and Inspection. You must document in your SWPPP your
procedures for conducting the five types of analytical monitoring specified by this permit,
where applicable to your facility, including:
• Benchmark monitoring (see Part 6.2.1);
• Effluent limitations guidelines monitoring (see Part 6.2.2);
• State- or Tribal-specific monitoring (see Part 6.2.3);
• Impaired waters monitoring (see Part 6.2.4); and
• Other monitoring as required by EPA (see Part 6.2.5).
For each type of monitoring, your SWPPP must document:
• Locations where samples are collected, including any determination that two or
more outfalls are substantially identical;
• Parameters for sampling and the frequency of sampling for each parameter;
• Schedules for monitoring at your facility, including schedule for alternate
monitoring periods for climates with irregular stormwater runoff (see Part 6.1.6);
Stormwater Discharges Associated With Industrial Activity 29
General Permit
• Any numeric control values (benchmarks, effluent limitations guidelines, TMDL-
related requirements, or other requirements) applicable to discharges from each
outfall; and
• Procedures (e.g., responsible staff, logistics, laboratory to be used, etc.) for
gathering storm event data, as specified in Part 6.1.
If you are invoking the exception for inactive and unstaffed sites for benchmark
monitoring, you must include in your SWPPP the information to support this claim as required
by Part 6.2.1.3.
You must document the following in your SWPPP if you plan to use the substantially
identical outfall exception for your quarterly visual assessment requirements in Part 4.2 or your
benchmark monitoring requirements in Part 6.2.1:
• Location of each of the substantially identical outfalls;
• Description of the general industrial activities conducted in the drainage area of
each outfall;
• Description of the control measures implemented in the drainage area of each
outfall;
• Description of the exposed materials located in the drainage area of each outfall
that are likely to be significant contributors of pollutants to stormwater
discharges;
• An estimate of the runoff coefficient of the drainage areas (low = under 40%;
medium = 40 to 65%; high = above 65%); and
• Why the outfalls are expected to discharge substantially identical effluents.
You must document in your SWPPP your procedures for performing, as appropriate, the
three types of inspections specified by this permit, including:
• Routine facility inspections (see Part 4.1);
• Quarterly visual assessment of stormwater discharges (see Part 4.2); and
• Comprehensive site inspections (see Part 4.3).
For each type of inspection performed, your SWPPP must identify:
• Person(s) or positions of person(s) responsible for inspection;
• Schedules for conducting inspections, including tentative schedule for facilities in
climates with irregular stormwater runoff discharges (see Part 4.2.3); and
• Specific items to be covered by the inspection, including schedules for specific
outfalls.
If you are invoking the exception for inactive and unstaffed sites relating to routine
facility inspections and quarterly visual assessments, you must include in your SWPPP the
information to support this claim as required by Parts 4.1.3 and 4.2.3.
Stormwater Discharges Associated With Industrial Activity 30
General Permit
5.1.6 Documentation to Support Eligibility Considerations Under Other Federal Laws.
5.1.6.1 Documentation Regarding Endangered Species. You must keep with your SWPPP the
documentation supporting your determination with regard to Part 1.1.4.5 (Endangered
and Threatened Species and Critical Habitat Protection).
5.1.6.2 Documentation Regarding Historic Properties. You must keep with your SWPPP the
documentation supporting your determination with regard to Part 1.1.4.6 (Historic
Properties Preservation).
5.1.6.3 Documentation Regarding NEPA Review. You must keep with your SWPPP the
documentation supporting your certification of eligibility under Part 1.1.2.5 (Discharges
Subject to Any New Source Performance Standards).
5.1.7 Signature Requirements.
You must sign and date your SWPPP in accordance with Appendix B, Subsection 11,
including the date of signature.
5.2 Required SWPPP Modifications.
You must modify your SWPPP whenever necessary to address any of the triggering
conditions for corrective action in Part 3.1 and to ensure that they do not reoccur, or to reflect
changes implemented when a review following the triggering conditions in Part 3.2 indicates that
changes to your control measures are necessary to meet the effluent limits in this permit.
Changes to your SWPPP document must be made in accordance with the corrective action
deadlines in Parts 3.3 and 3.4, and must be signed and dated in accordance with Appendix B,
Subsection 11.
5.3 SWPPP Availability.
You must retain a copy of the current SWPPP required by this permit at the facility, and
it must be immediately available to EPA; a State, Tribal, or local agency approving stormwater
management plans; the operator of an MS4 receiving discharges from the site; and
representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries
Service (NMFS) at the time of an onsite inspection or upon request. EPA may provide access to
portions of your SWPPP to a member of the public upon request. Confidential Business
Information (CBI) may be withheld from the public, but may not be withheld from those staff
cleared for CBI review within EPA, USFWS, or NMFS.
EPA encourages you to post your SWPPP online and provide the website address on your
NOI.
Stormwater Discharges Associated With Industrial Activity 31
General Permit
5.4 Additional Documentation Requirements.
You are required to keep the following inspection, monitoring, and certification records
with your SWPPP that together keep your records complete and up-to-date, and demonstrate
your full compliance with the conditions of this permit:
• A copy of the NOI submitted to EPA along with any correspondence exchanged
between you and EPA specific to coverage under this permit;
• A copy of the acknowledgment letter you receive from the NOI Processing Center
or eNOI system assigning your permit tracking number;
• A copy of this permit (an electronic copy easily available to SWPPP personnel is
also acceptable);
• Descriptions and dates of any incidences of significant spills, leaks, or other
releases that resulted in discharges of pollutants to waters of the U.S., through
stormwater or otherwise; the circumstances leading to the release and actions
taken in response to the release; and measures taken to prevent the recurrence of
such releases (see Part 2.1.2.4);
• Records of employee training, including date training received (see Part 2.1.2.9);
• Documentation of maintenance and repairs of control measures, including the
date(s) of regular maintenance, date(s) of discovery of areas in need of
repair/replacement, and for repairs, date(s) that the control measure(s) returned to
full function, and the justification for any extended maintenance/repair schedules
(see Part 2.1.2.3);
• All inspection reports, including the Routine Facility Inspection Reports (see Part
4.1), the Quarterly Visual Assessment Reports (see Part 4.2), and the
Comprehensive Site Inspection Reports (see Part 4.3);
• Description of any deviations from the schedule for visual assessments and/or
monitoring, and the reason for the deviations (e.g., adverse weather or it was
impracticable to collect samples within the first 30 minutes of a measurable storm
event) (see Parts 4.2.1, 6.1.4, and 6.2.1.2);
• Description of any corrective action taken at your site, including triggering event
and dates when problems were discovered and modifications occurred;
• Documentation of any benchmark exceedances and how they were responded to,
including either (1) corrective action taken, (2) a finding that the exceedence was
due to natural background pollutant levels, or (3) a finding that no further
pollutant reductions were technologically available and economically practicable
and achievable in light of best industry practice consistent with Part 6.2.1.2;
• Documentation to support any determination that pollutants of concern are not
expected to be present above natural background levels if you discharge directly
to impaired waters, and that such pollutants were not detected in your discharge or
were solely attributable to natural background sources (see Part 6.2.4.2); and
•
Documentation to support your claim that your facility has changed its status from
active to inactive and unstaffed with respect to the requirements to conduct
routine facility inspections (see Part 4.1.3), quarterly visual assessments (see Part
4.2.3), and/or benchmark monitoring (see Part 6.2.1.3).
Stormwater Discharges Associated With Industrial Activity 32
General Permit
6. Monitoring.
You must collect and analyze stormwater samples and document monitoring activities
consistent with the procedures described in Part 6 and Appendix B, Subsections 10 – 12, and any
additional sector-specific or State/Tribal-specific requirements in Parts 8 and 9, respectively.
Refer to Part 7 for reporting and recordkeeping requirements.
6.1 Monitoring Procedures
6.1.1 Monitored Outfalls.
Applicable monitoring requirements apply to each outfall authorized by this permit,
except as otherwise exempt from monitoring as a “substantially identical outfall.” If your
facility has two or more outfalls that you believe discharge substantially identical effluents,
based on the similarities of the general industrial activities and control measures, exposed
materials that may significantly contribute pollutants to stormwater, and runoff coefficients of
their drainage areas, you may monitor the effluent of just one of the outfalls and report that the
results also apply to the substantially identical outfall(s). As required in Part 5.1.5.2, your
SWPPP must identify each outfall authorized by this permit and describe the rationale for any
substantially identical outfall determinations. The allowance for monitoring only one of the
substantially identical outfalls is not applicable to any outfalls with numeric effluent limitations.
You are required to monitor each outfall covered by a numeric effluent limit as identified in Part
6.2.2.
6.1.2 Commingled Discharges.
If discharges authorized by this permit commingle with discharges not authorized under
this permit, any required sampling of the authorized discharges must be performed at a point
before they mix with other waste streams, to the extent practicable.
6.1.3 Measurable Storm Events.
All required monitoring must be performed on a storm event that results in an actual
discharge from your site (“measurable storm event”) that follows the preceding measurable
storm event by at least 72 hours (3 days). The 72-hour (3-day) storm interval does not apply if
you are able to document that less than a 72-hour (3-day) interval is representative for local
storm events during the sampling period. In the case of snowmelt, the monitoring must be
performed at a time when a measurable discharge occurs at your site.
For each monitoring event, except snowmelt monitoring, you must identify the date and
duration (in hours) of the rainfall event, rainfall total (in inches) for that rainfall event, and time
(in days) since the previous measurable storm event. For snowmelt monitoring, you must
identify the date of the sampling event.
Stormwater Discharges Associated With Industrial Activity 33
General Permit
6.1.4 Sample Type.
You must take a minimum of one grab sample from a discharge resulting from a
measurable storm event as described in Part 6.1.3. Samples must be collected within the first 30
minutes of a measurable storm event. If it is not possible to collect the sample within the first 30
minutes of a measurable storm event, the sample must be collected as soon as practicable after
the first 30 minutes and documentation must be kept with the SWPPP explaining why it was not
possible to take samples within the first 30 minutes. In the case of snowmelt, samples must be
taken during a period with a measurable discharge.
6.1.5 Adverse Weather Conditions.
When adverse weather conditions as described in Part 4.2.3 prevent the collection of
samples according to the relevant monitoring schedule, you must take a substitute sample during
the next qualifying storm event. Adverse weather does not exempt you from having to file a
benchmark monitoring report in accordance with your sampling schedule. You must report any
failure to monitor as specified in Part 7.1 indicating the basis for not sampling during the usual
reporting period.
6.1.6 Climates with Irregular Stormwater Runoff.
If your facility is located in areas where limited rainfall occurs during parts of the year
(e.g., arid or semi-arid climates) or in areas where freezing conditions exist that prevent runoff
from occurring for extended periods, required monitoring events may be distributed during
seasons when precipitation occurs, or when snowmelt results in a measurable discharge from
your site. You must still collect the required number of samples.
6.1.7 Monitoring Periods.
Monitoring requirements in this permit begin in the first full quarter following either
April 1, 2009 or your date of discharge authorization, whichever date comes later. If your
monitoring is required on a quarterly basis (e.g., benchmark monitoring), you must monitor at
least once in each of the following 3-month intervals:
• January 1 – March 31;
• April 1 – June 30;
• July 1 – September 30; and
• October 1 – December 31.
For example, if you obtain permit coverage on June 2, 2009, then your first monitoring quarter is
July 1 - September 30, 2009. This monitoring schedule may be modified in accordance with Part
6.1.6 if the revised schedule is documented with your SWPPP and provided to EPA with your
first monitoring report.
Stormwater Discharges Associated With Industrial Activity 34
General Permit
6.1.8 Monitoring for Allowable Non-Stormwater Discharges
You are only required to monitor allowable non-stormwater discharges (as delineated in
Part 1.1.3) when they are commingled with stormwater discharges associated with industrial
activity.
6.2 Required Monitoring.
This permit includes five types of required analytical monitoring, one or more of which
may apply to your discharge:
• Quarterly benchmark monitoring (see Part 6.2.1)
• Annual effluent limitations guidelines monitoring (see Part 6.2.2);
• State- or Tribal-specific monitoring (see Part 6.2.3);
• Impaired waters monitoring (see Part 6.2.4); and
• Other monitoring as required by EPA (see Part 6.2.5).
When more than one type of monitoring for the same parameter at the same outfall
applies (e.g., total suspended solids once per year for an effluent limit and once per quarter for
benchmark monitoring at a given outfall), you may use a single sample to satisfy both
monitoring requirements (i.e., one sample satisfying both the annual effluent limit sample and
one of the 4 quarterly benchmark monitoring samples).
All required monitoring must be conducted in accordance with the procedures described
in Appendix B, Subsection 10.D.
6.2.1 Benchmark Monitoring.
This permit stipulates pollutant benchmark concentrations that may be applicable to your
discharge. The benchmark concentrations are not effluent limitations; a benchmark exceedance,
therefore, is not a permit violation. Benchmark monitoring data are primarily for your use to
determine the overall effectiveness of your control measures and to assist you in knowing when
additional corrective action(s) may be necessary to comply with the effluent limitations in Part 2.
6.2.1.1 Applicability of Benchmark Monitoring. You must monitor for any benchmark
parameters specified for the industrial sector(s), both primary industrial activity and any
co-located industrial activities, applicable to your discharge. Your industry-specific
benchmark concentrations are listed in the sector-specific sections of Part 8. If your
facility is in one of the industrial sectors subject to benchmark concentrations that are
hardness-dependent, you are required to submit to EPA with your first benchmark report
a hardness value, established consistent with the procedures in Appendix J, which is
representative of your receiving water.
Samples must be analyzed consistent with 40 CFR Part 136 analytical methods and using
test procedures with quantitation limits at or below benchmark values for all benchmark
parameters for which you are required to sample.
Stormwater Discharges Associated With Industrial Activity 35
General Permit
6.2.1.2 Benchmark Monitoring Schedule. Benchmark monitoring must be conducted quarterly,
as identified in Part 6.1.7, for your first 4 full quarters of permit coverage commencing no
earlier than April 1, 2009. Facilities in climates with irregular stormwater runoff, as
described in Part 6.1.6, may modify this quarterly schedule provided that this revised
schedule is reported to EPA when the first benchmark sample is collected and reported,
and that this revised schedule is kept with the facility’s SWPPP as specified in Part 5.4.
Data not exceeding benchmarks: After collection of 4 quarterly samples, if the average
of the 4 monitoring values for any parameter does not exceed the benchmark, you have
fulfilled your monitoring requirements for that parameter for the permit term. For
averaging purposes, use a value of zero for any individual sample parameter, analyzed
using procedures consistent with Part 6.2.1.1, which is determined to be less than the
method detection limit. For sample values that fall between the method detection level
and the quantitation limit (i.e., a confirmed detection but below the level that can be
reliably quantified), use a value halfway between zero and the quantitation limit.
Data exceeding benchmarks: After collection of 4 quarterly samples, if the average of
the 4 monitoring values for any parameter exceeds the benchmark, you must, in
accordance with Part 3.2, review the selection, design, installation, and implementation of
your control measures to determine if modifications are necessary to meet the effluent
limits in this permit, and either:
• Make the necessary modifications and continue quarterly monitoring until you
have completed 4 additional quarters of monitoring for which the average does
not exceed the benchmark; or
• Make a determination that no further pollutant reductions are technologically
available and economically practicable and achievable in light of best industry
practice to meet the technology-based effluent limits or are necessary to meet the
water-quality-based effluent limitations in Parts 2 of this permit, in which case
you must continue monitoring once per year. You must also document your
rationale for concluding that no further pollutant reductions are achievable, and
retain all records related to this documentation with your SWPPP. You must also
notify EPA of this determination in your next benchmark monitoring report.
In accordance with Part 3.2, you must review your control measures and perform any
required corrective action immediately (or document why no corrective action is
required), without waiting for the full 4 quarters of monitoring data, if an exceedance of
the 4 quarter average is mathematically certain. If after modifying your control measures
and conducting 4 additional quarters of monitoring, your average still exceeds the
benchmark (or if an exceedance of the benchmark by the 4 quarter average is
mathematically certain prior to conducting the full 4 additional quarters of monitoring),
you must again review your control measures and take one of the two actions above.
Stormwater Discharges Associated With Industrial Activity 36
General Permit
Natural background pollutant levels: Following the first 4 quarters of benchmark
monitoring (or sooner if the exceedance is triggered by less than 4 quarters of data, see
above), if the average concentration of a pollutant exceeds a benchmark value, and you
determine that exceedance of the benchmark is attributable solely to the presence of that
pollutant in the natural background, you are not required to perform corrective action or
additional benchmark monitoring provided that:
• The average concentration of your benchmark monitoring results is less than or
equal to the concentration of that pollutant in the natural background;
• You document and maintain with your SWPPP, as required in Part 5.4, your
supporting rationale for concluding that benchmark exceedances are in fact
attributable solely to natural background pollutant levels. You must include in
your supporting rationale any data previously collected by you or others
(including literature studies) that describe the levels of natural background
pollutants in your stormwater discharge; and
• You notify EPA on your final quarterly benchmark monitoring report that the
benchmark exceedances are attributable solely to natural background pollutant
levels.
Natural background pollutants include those substances that are naturally occurring in
soils or groundwater. Natural background pollutants do not include legacy pollutants
from earlier activity on your site, or pollutants in run-on from neighboring sources which
are not naturally occurring.
6.2.1.3 Exception for Inactive and Unstaffed Sites. The requirement for benchmark monitoring
does not apply at a facility that is inactive and unstaffed, as long as there are no industrial
materials or activities exposed to stormwater. To invoke this exception, you must do the
following:
• Maintain a statement onsite with your SWPPP stating that the site is inactive and
unstaffed, and that there are no industrial materials or activities exposed to
stormwater in accordance with the substantive requirements in 40 CFR 122.26(g)
and sign and certify the statement in accordance with Appendix B, Subsection 11;
and
• If circumstances change and industrial materials or activities become exposed to
stormwater or your facility becomes active and/or staffed, this exception no
longer applies and you must immediately begin complying with the applicable
benchmark monitoring requirements under Part 6.2 as if you were in your first
year of permit coverage. You must indicate in your first benchmark monitoring
report that your facility has materials or activities exposed to stormwater or has
become active and/or staffed.
• If you are not qualified for this exception at the time you are authorized under this
permit, but during the permit term you become qualified because your facility is
inactive and unstaffed, and there are no industrial materials or activities that are
exposed to stormwater, then you must notify EPA of this change in your next
benchmark monitoring report. You may discontinue benchmark monitoring once
Stormwater Discharges Associated With Industrial Activity 37
General Permit
you have notified EPA, and prepared and signed the certification statement
described above concerning your facility’s qualification for this special exception.
Note: This exception has different requirements for Sectors G, H, and J (see Part 8).
6.2.2 Effluent Limitations Monitoring.
6.2.2.1 Monitoring Based on Effluent Limitations Guidelines. Table 6-1 identifies the
stormwater discharges subject to effluent limitation guidelines that are authorized for
coverage under this permit. Beginning in the first full quarter following April 1, 2009 or
your date of discharge authorization, whichever date comes later, you must monitor once
per year at each outfall containing the discharges identified in Table 6-1 for the
parameters specified in the sector-specific section of Part 8.
Table 6-1. Required Monitoring for Effluent Limits Based on Effluent Limitations
Guidelines
Regulated Activity Effluent Limit Monitoring
Frequency
Sample
Type
Discharges resulting from spray down or intentional
wetting of logs at wet deck storage areas
See Part 8.A.7 1/year Grab
Runoff from phosphate fertilizer manufacturing
facilities that comes into contact with any raw
materials, finished product, by-products or waste
products (SIC 2874)
See Part 8.C.4 1/year Grab
Runoff from asphalt emulsion facilities See Part 8.D.4 1/year Grab
Runoff from material storage piles at cement
manufacturing facilities
See Part 8.E.5 1/year Grab
Mine dewatering discharges at crushed stone,
construction sand and gravel, or industrial sand
mining facilities
See Part 8.J.9 1/year Grab
Runoff from hazardous waste landfills See Part 8.K.6 1/year Grab
Runoff from non-hazardous waste landfills See Part 8.L.10 1/year Grab
Runoff from coal storage piles at steam electric
generating facilities
See Part 8.O.8
1/year
Grab
6.2.2.2 Substantially Identical Outfalls. You must monitor each outfall discharging runoff from
any regulated activity identified in Table 6-1. The substantially identical outfall
monitoring provisions are not available for numeric effluent limits monitoring.
6.2.3 State or Tribal Provisions Monitoring
6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. You must comply with any
State or Tribal monitoring requirements (see Part 9) applicable to your facility’s location.
6.2.3.2 State or Tribal Monitoring Schedule. If a monitoring frequency is not specified for an
applicable requirement in Part 9, you must monitor once per year for the entire permit term.
Stormwater Discharges Associated With Industrial Activity 38
General Permit
6.2.4 Discharges to Impaired Waters Monitoring.
6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters. If you discharge to an
impaired water, you must monitor for all pollutants for which the waterbody is impaired
and for which a standard analytical method exists (see 40 CFR Part 136).
If the pollutant for which the waterbody is impaired is suspended solids, turbidity or
sediment/sedimentation, you must monitor for Total Suspended Solids (TSS). If the
pollutant for which the waterbody is impaired is expressed in the form of an indicator or
surrogate pollutant, you must monitor for that indicator or surrogate pollutant. No
monitoring is required when a waterbody’s biological communities are impaired but no
pollutant, including indicator or surrogate pollutants, is specified as causing the
impairment, or when a waterbody’s impairment is related to hydrologic modifications,
impaired hydrology, or temperature.
6.2.4.2 Impaired Waters Monitoring Schedule.
Discharges to impaired waters without an EPA approved or established TMDL:
Beginning in the first full quarter following April 1, 2009 or your date of discharge
authorization, whichever date comes later, you must monitor once per year at each outfall
(except substantially identical outfalls) discharging stormwater to impaired waters
without an EPA approved or established TMDL. This monitoring requirement does not
apply after one year if the pollutant for which the waterbody is impaired is not detected
above natural background levels in your stormwater discharge, and you document, as
required in Part 5.4 (Additional Documentation Requirements), that this pollutant is not
expected to be present above natural background levels in your discharge.
If the pollutant for which the water is impaired is not present and not expected to be
present in your discharge, or it is present but you have determined that its presence is
caused solely by natural background sources, you should include a notification to this
effect in your first monitoring report, after which you may discontinue annual
monitoring. To support a determination that the pollutant’s presence is caused solely by
natural background sources, you must keep the following documentation with your
SWPPP records:
• An explanation of why you believe that the presence of the pollutant causing the
impairment in your discharge is not related to the activities at your facility; and
• Data and/or studies that tie the presence of the pollutant causing the impairment in
your discharge to natural background sources in the watershed.
Natural background pollutants include those substances that are naturally occurring in
soils or groundwater. Natural background pollutants do not include legacy pollutants
from earlier activity on your site, or pollutants in run-on from neighboring sources which
are not naturally occurring.
Stormwater Discharges Associated With Industrial Activity 39
General Permit
Discharges to impaired waters with an EPA approved or established TMDL: For
stormwater discharges to waters for which there is an EPA approved or established
TMDL, you are not required to monitor for the pollutant for which the TMDL was
written unless EPA informs you, upon examination of the applicable TMDL and/or
WLA, that you are subject to such a requirement consistent with the assumptions of the
applicable TMDL and/or WLA. EPA’s notice will include specifications on which
pollutant to monitor and the required monitoring frequency during the first year of permit
coverage. Following the first year of monitoring:
• If the TMDL pollutant is not detected in any of your first year samples, you may
discontinue further sampling, unless the TMDL has specific instructions to the
contrary, in which case you must follow those instructions. You must keep
records of this finding onsite with your SWPPP.
• If you detect the presence of the pollutant causing the impairment in your
stormwater discharge for any of the samples collected in your first year, you must
continue monitoring annually throughout the term of this permit, unless the
TMDL specifies more frequent monitoring, in which case you must follow the
TMDL requirements.
6.2.5 Additional Monitoring Required by EPA.
EPA may notify you of additional discharge monitoring requirements. Any such notice
will briefly state the reasons for the monitoring, locations, and parameters to be monitored,
frequency and period of monitoring, sample types, and reporting requirements.
6.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit.
You must conduct follow-up monitoring within 30 calendar days (or during the next
qualifying runoff event, should none occur within 30 days) of implementing corrective action(s)
taken pursuant to Part 3 in response to an exceedance of a numeric effluent limit contained in
this permit. See Part 9 for specific monitoring requirements applicable to individual States or
Tribes. Monitoring must be performed for any pollutant(s) that exceeds the effluent limit. If this
follow-up monitoring exceeds the applicable effluent limitation, you must comply with both
Parts 6.3.1 and 6.3.2.
6.3.1 Submit an Exceedance Report.
You must submit an Exceedance Report consistent with Part 7.3.
6.3.2 Continue to Monitor.
You must continue to monitor, at least quarterly, until your discharge is in compliance
with the effluent limit or until EPA waives the requirement for additional monitoring.
Stormwater Discharges Associated With Industrial Activity 40
General Permit
7. Reporting and Recordkeeping
7.1 Reporting Monitoring Data to EPA.
All monitoring data collected pursuant to Parts 6.2 and 6.3 must be submitted to EPA
using EPA’s online eNOI system (www.epa.gov/npdes/eNOI) no later than 30 days (email date
or postmark date) after you have received your complete laboratory results for all monitored
outfalls for the reporting period. If you cannot access eNOI, paper reporting forms must be
submitted by the same deadline to the appropriate address identified in Part 7.6.1. If you are
using paper reporting forms, EPA strongly recommends that you use the MSGP discharge
monitoring report (MDMR) available at www.epa.gov/npdes/stormwater/msgp. See Part 9 for
specific reporting requirements applicable to individual States or Tribes.
For benchmark monitoring, note that you are required to submit sampling results to EPA
no later than 30 days after receiving laboratory results for each quarter that you are required to
collect benchmark samples, in accordance with Part 6.2.1.2. If you collect multiple samples in a
single quarter (e.g., due to adverse weather conditions, climates with irregular stormwater runoff,
or areas subject to snow), you are required to submit all sampling results to EPA within 30 days
of receiving the laboratory results.
7.2 Annual Report
You must submit an annual report to EPA that includes the findings from your Part 4.3
comprehensive site inspection and any corrective action documentation as required in Part 3.4.
If corrective action is not yet completed at the time of submission of this annual report, you must
describe the status of any outstanding corrective action(s). In addition to the information
required in Parts 3.4 (Corrective Action Report) and 4.3.2 (Comprehensive Site Inspection
Documentation), you must include the following information with your annual report:
- Facility name
- NPDES permit tracking number
- Facility physical address
- Contact person name, title, and phone number
EPA strongly recommends that you submit this report using the Annual Reporting Form
provided as Appendix I. You must submit the annual report to EPA within 45 days (postmark
date) after conducting the comprehensive site inspection to the address identified in Part 7.6.1.
7.3 Exceedance Report for Numeric Effluent Limits
If follow-up monitoring pursuant to Part 6.3 exceeds a numeric effluent limit, you must
submit an Exceedance Report to EPA no later than 30 days after you have received your lab
results. Your report must include the following:
• NPDES permit tracking number;
Stormwater Discharges Associated With Industrial Activity 41
General Permit
• Facility name, physical address and location;
• Name of receiving water;
• Monitoring data from this and the preceding monitoring event(s);
• An explanation of the situation; what you have done and intend to do (should your
corrective actions not yet be complete) to correct the violation; and
• An appropriate contact name and phone number.
7.4 Additional Reporting.
In addition to the reporting requirements stipulated in Part 7, you are also subject to the
standard permit reporting provisions of Appendix B, Subsection 12.
Where applicable, you must submit the following reports to the appropriate EPA
Regional Office listed in Part 7.6.2, as applicable. If you discharge through an MS4, you must
also submit these reports to the MS4 operator (identified pursuant to Part 5.1.2).
• 24-hour reporting (see Appendix B, Subsection 12.F) - You must report any
noncompliance which may endanger health or the environment. Any information
must be provided orally within 24 hours from the time you become aware of the
circumstances;
• 5-day follow-up reporting to the 24 hour reporting (see Appendix B, Subsection
12.F) - A written submission must also be provided within five days of the time
you become aware of the circumstances;
• Reportable quantity spills (see Part 2.1.2.4) - You must provide notification, as
required under Part 2.1.2.4, as soon as you have knowledge of a leak, spill, or
other release containing a hazardous substance or oil in an amount equal to or in
excess of a reportable quantity.
Where applicable, you must submit the following reports to EPA Headquarters at the
appropriate address in Part 7.6.1:
• Planned changes (see Appendix B, Subsection 12.A) – You must give notice to
EPA as soon as possible of any planned physical alterations or additions to the
permitted facility that qualify the facility as a new source or that could
significantly change the nature or significantly increase the quantity of pollutants
discharged;
• Anticipated noncompliance (see Appendix B, Subsection 12.B) – You must give
advance notice to EPA of any planned changes in the permitted facility or activity
which you anticipate will result in noncompliance with permit requirements;
• Transfer of ownership and/or operation – You must submit a complete and
accurate NOI in accordance with the requirements of Appendix G of this permit
and by the deadlines specified in Table 1-2;
• Compliance schedules (see Appendix B, Subsection 12.F) - Reports of
compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit must be
submitted no later than 14 days following each schedule date;
Stormwater Discharges Associated With Industrial Activity 42
General Permit
• Other noncompliance (see Appendix B, Subsection 12.G) - You must report all
instances of noncompliance not reported in your monitoring report (pursuant to
Part 7.1), compliance schedule report, or 24-hour report at the time monitoring
reports are submitted; and
• Other information (see Appendix B, Subsection 12.H) – You must promptly
submit facts or information if you become aware that you failed to submit
relevant facts in your NOI, or that you submitted incorrect information in your
NOI or in any report.
7.5 Recordkeeping.
You must retain copies of your SWPPP (including any modifications made during the
term of this permit), additional documentation requirements pursuant to Part 5.4 (including
documentation related to corrective actions taken pursuant to Part 3), all reports and
certifications required by this permit, monitoring data, and records of all data used to complete
the NOI to be covered by this permit, for a period of at least 3 years from the date that your
coverage under this permit expires or is terminated.
7.6 Addresses for Reports
7.6.1 EPA Addresses
Paper copies of any reports required in Part 6 and 7, not otherwise submitted
electronically via EPA’s eNOI system (www.epa.gov/npdes/eNOI) must be sent to one of the
following addresses:
Via U.S. mail:
U.S. Environmental Protection Agency
Office of Water, Water Permits Division
Mail Code 4203M, ATTN: MSGP Reports
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Or Via Overnight/Express Delivery:
U.S. Environmental Protection Agency
Office of Water, Water Permits Division
Room 7420, ATTN: MSGP Reports
1201 Constitution Avenue, NW
Washington, D.C. 20004
Phone number: 202-564-9545
Notices of Intent and Notices of Termination should be submitted using EPA’s eNOI
system (www.epa.gov/npdes/eNOI) or sent to EPA’s NOI Center (see Appendix G for the
address).
Stormwater Discharges Associated With Industrial Activity 43
General Permit
All other 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 individual permit applications, must be sent to the address of the appropriate EPA
Regional Office listed below:
7.6.2 Regional Addresses
7.6.2.1 Region 1: Connecticut, Massachusetts, and New Hampshire, Rhode Island,
Vermont.
U.S. EPA Region 1
Office of Ecosystem Protection
One Congress Street - CIP
Boston, MA 02114
7.6.2.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.
For Puerto Rico and the Virgin Islands
U.S. EPA Region 2
Caribbean Environmental Protection Division
Environmental Management Branch
Centro Europa Building
1492 Ponce de Leon Avenue, Suite 417
San Juan, PR 00907-4127
For New Jersey and New York:
(Coverage not available under this permit.)
U.S. EPA Region 2
Division of Environmental Planning and Protection
290 Broadway
New York, NY 10007-1866
7.6.2.3 Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia.
U.S. EPA Region 3
Water Protection Division (3WP40)
Stormwater Coordinator
1650 Arch Street
Philadelphia, PA 19103
Stormwater Discharges Associated With Industrial Activity 44
General Permit
7.6.2.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee.
(Coverage not available under this permit.)
U.S. EPA Region 4
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
Atlanta Federal Center
61 Forsyth Street SW
Atlanta, GA 30303
7.6.2.5 Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
U.S. EPA Region 5
Water Division
NPDES Programs Branch
77 W. Jackson Blvd.
Mail Code WN16J
Chicago, IL 60604
7.6.2.6 Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see
Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands).
U.S. EPA Region 6
Stormwater Coordinator
Compliance Assurance and Enforcement Division (6EN-WC)
EPA SW MSGP
P.O. Box 50625
Dallas, TX 75205
7.6.2.7 Region 7: Iowa, Kansas, Missouri, Nebraska.
(Coverage not available under this permit.)
U.S. EPA - Region 7
901 N. 5th Street
Kansas City, KS 66101
Stormwater Discharges Associated With Industrial Activity 45
General Permit
Stormwater Discharges Associated With Industrial Activity 46
7.6.2.8 Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah
(except see Region 9 for Goshute Reservation and Navajo Reservation lands), the
Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation in
Nebraska.
(Coverage not available under this permit.)
U.S. EPA Region 8
Stormwater Coordinator (8P-W-P)
999 18
th
Street, Suite 300
Denver, CO 80202-2466
7.6.2.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah
and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck
Valley Reservation in Idaho, Fort McDermitt Reservation in Oregon.
U.S. EPA Region 9
Water Management Division, WTR-5
Stormwater Coordinator
75 Hawthorne Street
San Francisco, CA 94105
7.6.2.10 Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt
Reservation), Washington.
U.S. EPA Region 10
Office of Water and Watersheds OWW-130
Stormwater Coordinator
1200 6th Avenue
Seattle, WA 98101
7.6.3 State and Tribal Addresses.
See Part 9 (States and Tribes) for the addresses of applicable States or Tribes that require
submission of information to their agencies.
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector A 47
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart A – Sector A – Timber Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.A.1 Covered Stormwater Discharges.
The requirements in Subpart A apply to stormwater discharges associated with industrial
activity from Timber Products facilities as identified by the SIC Codes specified under Sector A
in Table D-1 of Appendix D of the permit.
8.A.2 Limitation on Coverage
8.A.2.1 Prohibition of Discharges. (See also Part 1.1.4) Not covered by this permit: stormwater
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.
8.A.2.2 Authorized Non-Stormwater Discharges. (See also Part 1.1.3) Also authorized by this
permit, provided the non-stormwater component of the discharge is in compliance with
the requirements in Part 2.1.2 (Non-Numeric Effluent Limits): 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.
8.A.3 Additional Technology-Based Effluent Limits.
8.A.3.1 Good Housekeeping. (See also Part 2.1.2.2) In areas where storage, loading and
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.
8.A.4 Additional SWPPP Requirements.
8.A.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or 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.
8.A.4.2 Inventory of Exposed Materials. (See also Part 5.1.3.2) Where such information exists,
if your facility has used chlorophenolic, creosote, or chromium-copper-arsenic
formulations for wood surface protection or preserving, document in your SWPPP 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 stormwater runoff.
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector A 48
8.A.4.3 Description of Stormwater Management Controls. (See also Part 5.1.4) Document
measures implemented to address the following activities and sources: log, lumber, and
wood product storage areas; residue storage areas; loading and unloading areas;
material handling areas; chemical storage areas; and equipment and vehicle
maintenance, storage, and repair areas. If your facility performs wood surface
protection and preservation activities, address the specific control measures, including
any BMPs, for these activities.
8.A.5 Additional Inspection Requirements.
See also Part 4.1. If your facility performs wood surface protection and 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 stormwater discharges.
8.A.6 Sector-Specific Benchmarks
Table 8.A-1 identifies benchmarks that apply to the specific subsectors of Sector A.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Table 8.A-1
Subsector
(You may be subject to requirements for more than
one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Chemical Oxygen
Demand (COD)
120.0 mg/L
Total Suspended
Solids (TSS)
100 mg/L
Subsector A1. General Sawmills and Planing Mills
(SIC 2421)
Total Zinc
1
Hardness Dependent
Total Arsenic 0.15 mg/L Subsector A2. Wood Preserving (SIC 2491)
Total Copper
1
Hardness Dependent
Subsector A3. Log Storage and Handling
(SIC 2411)
Total Suspended
Solids (TSS)
100 mg/L
Chemical Oxygen
Demand (COD)
120.0 mg/L Subsector A4. Hardwood Dimension and Flooring
Mills; Special Products Sawmills, not elsewhere
classified; Millwork, Veneer, Plywood, and Structural
Wood; Wood Pallets and Skids; Wood Containers, not
elsewhere classified; Wood Buildings and Mobile
Homes; Reconstituted Wood Products; and Wood
Products Facilities not elsewhere classified (SIC 2426,
2429, 2431-2439 (except 2434), 2441, 2448, 2449,
2451, 2452, 2493, and 2499)
Total Suspended
Solids (TSS)
100.0 mg/L
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments.
Hardness Dependent Benchmarks follow in the table below:
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector A 49
Water Hardness Range
Copper
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.0038 0.04
25-50 mg/L 0.0056 0.05
50-75 mg/L 0.0090 0.08
75-100 mg/L 0.0123 0.11
100-125 mg/L 0.0156 0.13
125-150 mg/L 0.0189 0.16
150-175 mg/L 0.0221 0.18
175-200 mg/L 0.0253 0.20
200-225 mg/L 0.0285 0.23
225-250 mg/L 0.0316 0.25
250+ mg/L 0.0332 0.26
8.A.7 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.A-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.A-2
1
Industrial Activity
pH 6.0 - 9.0 s.u
Discharges resulting from spray down or
intentional wetting of logs at wet deck
storage areas
Debris (woody material
such as bark, twigs,
branches, heartwood, or
sapwood)
No discharge of debris that
will not pass through a
2.54-cm (1-in.) diameter
round opening
1
Monitor annually.
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector B 50
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart B – Sector B – Paper and Allied Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.B.1 Covered Stormwater Discharges.
The requirements in Subpart B apply to stormwater discharges associated with industrial
activity from Paper and Allied Products Manufacturing facilities, as identified by the SIC Codes
specified under Sector B in Table D-1 of Appendix D of the permit.
8.B.2 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.B-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Subsector B1. Paperboard Mills
(SIC Code 2631)
Chemical Oxygen
Demand (COD)
120 mg/L
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart C – Sector C – Chemical and Allied Products Manufacturing, and Refining.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.C.1 Covered Stormwater Discharges.
The requirements in Subpart C apply to stormwater discharges associated with industrial
activity from Chemical and Allied Products Manufacturing, and Refining facilities, as identified
by the SIC Codes specified under Sector C in Table D-1 of Appendix D of the permit.
8.C.2 Limitations on Coverage.
8.C.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not
covered by this permit: non-stormwater 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.
8.C.3 Sector-Specific Benchmarks
Table 8.C-1 identifies benchmarks that apply to the specific subsectors of Sector C.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Stormwater Discharges Associated With Industrial Activity – Sector C 51
General Permit
Table 8.C-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Total Lead
1
Hardness Dependent
Total Iron 1.0 mg/L
Total Zinc
1
Hardness Dependent
Subsector C1. Agricultural Chemicals (SIC
2873-2879)
Phosphorus 2.0 mg/L
Total Aluminum 0.75 mg/ L
Total Iron 1.0 mg/L
Subsector C2. Industrial Inorganic Chemicals
(SIC 2812-2819)
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Nitrate plus Nitrite Nitrogen 0.68 mg/L Subsector C3. Soaps, Detergents, Cosmetics,
and Perfumes (SIC 2841-2844)
Total Zinc
1
Hardness Dependent
Subsector C4. Plastics, Synthetics, and Resins
(SIC 2821-2824)
Total Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments.
Hardness Dependent Benchmarks follow in the table below:
Water
Hardness
Range
Lead
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.014 0.04
25-50 mg/L 0.023 0.05
50-75 mg/L 0.045 0.08
75-100 mg/L 0.069 0.11
100-125 mg/L 0.095 0.13
125-150 mg/L 0.122 0.16
150-175 mg/L 0.151 0.18
175-200 mg/L 0.182 0.20
200-225 mg/L 0.213 0.23
225-250 mg/L 0.246 0.25
250+ mg/L 0.262 0.26
8.C.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.C-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Stormwater Discharges Associated With Industrial Activity – Sector C 52
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector C 53
Table 8.C-2
1
Industrial Activity Parameter Effluent Limit
105.0 mg/L, daily maximum Total Phosphorus (as P)
35 mg/L,
30-day avg.
75.0 mg/L,
daily maximum
Runoff from phosphate fertilizer
manufacturing facilities that comes into
contact with any raw materials, finished
product, by-products or waste products
(SIC 2874)
Fluoride
25.0 mg/L,
30-day avg.
1
Monitor annually.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart D – Sector D – Asphalt Paving and Roofing Materials and Lubricant
Manufacturing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.D.1 Covered Stormwater Discharges.
The requirements in Subpart D apply to stormwater discharges associated with industrial
activity from Asphalt Paving and Roofing Materials and Lubricant Manufacturing facilities, as
identified by the SIC Codes specified under Sector D in Table D-1 of Appendix D of the permit.
8.D.2 Limitations on Coverage.
The following stormwater discharges associated with industrial activity are not
authorized by this permit (See also Part 1.1.4)
8.D.2.1 Discharges from petroleum refining facilities, including those that manufacture asphalt
or asphalt products, that are subject to nationally established effluent limitation
guidelines found in 40 CFR Part 419 (Petroleum Refining); or
8.D.2.2 Discharges from oil recycling facilities; or
8.D.2.3 Discharges associated with fats and oils rendering.
8.D.3 Sector-Specific Benchmarks
Table 8.D-1 identifies benchmarks that apply to the specific subsectors of Sector D.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Table 8.D-1.
Subsector
Parameter
Benchmark Monitoring
Concentration
Subsector D1. Asphalt Paving and Roofing
Materials (SIC 2951, 2952)
Total Suspended Solids
(TSS)
100 mg/L
Stormwater Discharges Associated With Industrial Activity – Sector D 54
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector D 55
8.D.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.D-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.D-2
1
Industrial Activity Parameter Effluent Limit
23.0 mg/L,
daily maximum
15.0 mg/L,
30-day avg.
Total Suspended Solids
(TSS)
pH 6.0 - 9.0 s.u.
15.0 mg/L,
daily maximum
Discharges from asphalt emulsion facilities.
Oil and Grease
10 mg/L,
30-day avg.
1
Monitor annually.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart E – Sector E – Glass, Clay, Cement, Concrete, and Gypsum Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.E.1 Covered Stormwater Discharges.
The requirements in Subpart E apply to stormwater 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 D-1 of Appendix D of the permit.
8.E.2 Additional Technology-Based Effluent Limits.
8.E.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 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 stormwater from paved
portions of the site that are exposed to stormwater. Consider sweeping regularly or
using other equivalent measures to minimize the presence of these materials. Indicate in
your SWPPP the frequency of sweeping or equivalent measures. Determine the
frequency based on 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 or processed. You must
also prevent the exposure of fine granular solids (cement, fly ash, kiln dust, etc.) to
stormwater, where practicable, by storing these materials in enclosed silos, hoppers, or
buildings, or under other covering.
8.E.3 Additional SWPPP Requirements.
8.E.3.1 Drainage Area Site Map. (See also Part 5.1.2) Document in the SWPPP 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.
8.E.3.2 Certification. (See also Part 5.1.3.4) For facilities producing ready-mix concrete,
concrete block, brick, or similar products, include in the non-stormwater discharge
certification a description of measures that ensure that process waste waters resulting
from washing trucks, mixers, transport buckets, forms, or other equipment are
discharged in accordance with NPDES requirements or are recycled.
8.E.4 Sector-Specific Benchmarks.
Table 8.E-1 identifies benchmarks that apply to the specific subsectors of Sector E.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Stormwater Discharges Associated With Industrial Activity – Sector E 56
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector E 57
Table 8.E-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark
Monitoring Cutoff
Concentration
Subsector E1. Clay Product Manufacturers
(SIC 3251-3259, 3261-3269)
Total Aluminum 0.75 mg/L
Total Suspended Solids
(TSS)
100 mg/L Subsector E2. Concrete and Gypsum Product
Manufacturers (SIC 3271-3275)
Total Iron 1.0 mg/L
8.E.5 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.E-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.E-2
1
Industrial Activity Parameter Effluent Limit
Total Suspended Solids
(TSS)
50 mg/L, daily
maximum
Discharges from material storage piles at
cement manufacturing facilities
pH 6.0 - 9.0 s.u.
1
Monitor annually.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart F – Sector F – Primary Metals.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.F.1 Covered Stormwater Discharges.
The requirements in Subpart F apply to stormwater discharges associated with industrial
activity from Primary Metals facilities, as identified by the SIC Codes specified under Sector F
in Table D-1 of Appendix D of the permit.
8.F.2 Additional Technology-Based Effluent Limits
8.F.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good
housekeeping program, include a cleaning and maintenance program for all impervious
areas of the facility where particulate matter, dust, or debris may accumulate, especially
areas where material loading and unloading, storage, handling, and processing occur;
and, where practicable, 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 stormwater 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.
8.F.3 Additional SWPPP Requirements.
8.F.3.1 Drainage Area Site Map. (See also Part 5.1.2) Identify in the SWPPP where any of the
following activities may be exposed to precipitation or surface runoff: storage or
disposal of wastes such as spent solvents and baths, sand, slag and dross; liquid storage
tanks and 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 and coke handling operations, etc., and could result in
a discharge of pollutants to waters of the United States.
8.F.3.2 Inventory of Exposed Material. (See also Part 5.1.3.2) Include in the inventory of
materials handled at the site that potentially may be exposed to precipitation or runoff,
areas where deposition of particulate matter from process air emissions or losses during
material-handling activities are possible
8.F.4 Additional Inspection Requirements. (See also Part 4.1) As part of conducting your
quarterly routine facility inspections (Part 4.1), 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,
Stormwater Discharges Associated With Industrial Activity – Sector F 58
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector F 59
corrosion, or improper operation) that could limit their efficiency and lead to excessive
emissions. Consider monitoring air flow at inlets and 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 and drums) for signs of material losses due to wind or stormwater runoff.
8.F.5 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.F-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Cutoff Concentration
Total Aluminum 0.75 mg/L Subsector F1. Steel Works, Blast Furnaces,
and Rolling and Finishing Mills
(SIC 3312-3317)
Total Zinc
1
Hardness Dependent
Total Aluminum 0.75 mg/L
Total Suspended Solids (TSS) 100 mg/L
Total Copper
1
Hardness Dependent
Total Iron 1.0 mg/L
Subsector F2. Iron and Steel Foundries
(SIC 3321-3325)
Total Zinc
1
Hardness Dependent
Total Copper
1
Hardness Dependent Subsector F3. Rolling, Drawing, and
Extruding of Nonferrous Metals
(SIC 3351-3357)
Total Zinc
1
Hardness Dependent
Total Copper
1
Hardness Dependent Subsector F4. Nonferrous Foundries
(SIC 3363-3369)
Total Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments.
Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Copper
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.0038 0.04
25-50 mg/L 0.0056 0.05
50-75 mg/L 0.0090 0.08
75-100 mg/L 0.0123 0.11
100-125 mg/L 0.0156 0.13
125-150 mg/L 0.0189 0.16
150-175 mg/L 0.0221 0.18
175-200 mg/L 0.0253 0.20
200-225 mg/L 0.0285 0.23
225-250 mg/L 0.0316 0.25
250+ mg/L 0.0332 0.26
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart G – Sector G – Metal Mining.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.G.1 Covered Stormwater Discharges.
The requirements in Subpart G apply to stormwater discharges associated with industrial
activity from Metal Mining facilities, including mines abandoned on Federal lands, as identified
by the SIC Codes specified under Sector G in Table D-1 of Appendix D. Coverage is required
for metal mining facilities that discharge stormwater 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.
8.G.1.1 Covered Discharges from Inactive Facilities. All stormwater discharges.
8.G.1.2 Covered Discharges from Active and Temporarily Inactive Facilities. Only the
stormwater discharges from the following areas are covered: waste rock and overburden
piles if composed entirely of stormwater and not combining with mine drainage; topsoil
piles; offsite haul and access roads; onsite haul and access roads constructed of waste
rock, overburden, or spent ore if composed entirely of stormwater and not combining
with mine drainage; onsite haul and access roads not constructed of waste rock,
overburden, or spent ore except if mine drainage is used for dust control; runoff from
tailings dams or dikes when not constructed of waste rock or tailings and no process
fluids are present; runoff from tailings dams or dikes when constructed of waste rock or
tailings and no process fluids are present, if composed entirely of stormwater and not
combining with mine drainage; concentration building if no contact with material piles;
mill site if no contact with material piles; office or administrative building and housing
if mixed with stormwater 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 and equipment maintenance area and 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
requirements prior to December 17, 1990; and partially or inadequately reclaimed areas
or areas not released from reclamation requirements.
8.G.1.3 Covered Discharges from Exploration and Construction of Metal Mining and/or Ore
Dressing Facilities. All stormwater discharges.
8.G.1.4 Covered Discharges from Facilities Undergoing Reclamation. All stormwater
discharges.
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8.G.2 Limitations on Coverage.
8.G.2.1 Prohibition of Stormwater Discharges. Stormwater discharges not authorized by this
permit: discharges from active metal mining facilities that are subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR
Part 440).
NOTE: Stormwater runoff from these sources are subject to 40 CFR Part 440 if they
are mixed with other discharges subject to Part 440. In this case, they are not eligible
for coverage under this permit. Discharges from overburden/waste rock and
overburden/waste rock-related areas are not subject to 40 CFR Part 440 unless they: (1)
drain naturally (or are intentionally diverted) to a point source; and (2) combine 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 stormwater does not combine with other sources of mine drainage that are
not subject to 40 CFR Part 440, and meets the other eligibility criteria contained in Part
1.2 of the permit. Permit applicants bear the initial responsibility for determining if they
are eligible for coverage under this permit, or must seek coverage under another
NPDES permit. 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.
8.G.2.2 Prohibition of Non-Stormwater Discharges. Not authorized by this permit: adit
drainage, and contaminated springs or seeps discharging from waste rock dumps that do
not directly result from precipitation events (see also the standard Limitations on
Coverage in Part 1.1.4).
8.G.3 Definitions.
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.G.3.1 Mining operation - Consists of the active and temporarily inactive phases, and the
reclamation phase, but excludes the exploration and construction phases.
8.G.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the
viability of a site. The exploration phase is not considered part of “mining operations.”
8.G.3.3 Construction phase - Includes the building of site access roads and removal of
overburden and waste rock to expose mineable minerals. The construction phase is not
considered part of “mining operations.”
8.G.3.4 Active phase - Activities including the extraction, removal or recovery of metal ore.
For surface mines, this definition does not include any land where grading has returned
the earth to a desired contour and reclamation has begun. This definition is derived
from the definition of “active mining area” found at 40 CFR 440.132(a). The active
phase is considered part of “mining operations.”
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8.G.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land
reclamation requirements, following the cessation of the “active phase”, intended to
return the land to an appropriate post-mining land use in order to meet applicable
Federal and State reclamation requirements. The reclamation phase is considered part
of "mining operations."
8.G.3.6 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. This definition is derived from the definition of
“active mining area” found at 40 CFR 440.132(a).
8.G.3.7 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 agency. An inactive metal mining facility has an identifiable owner /
operator. Sites where mining claims are being maintained prior to disturbances
associated with the extraction, beneficiation, or processing of mined materials and sites
where minimal activities are undertaken for the sole purpose of maintaining a mining
claim are not considered either active or inactive mining facilities and do not require an
NPDES industrial stormwater permit.
8.G.3.8 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 agency.
8.G.3.9 Final Stabilization - A site or portion of a site is “finally stabilized” when it has
implemented all applicable Federal and State reclamation requirements.
8.G.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities.
Clearing, grading, and excavation activities being conducted as part of the exploration
and construction phase of mining activities are covered under this permit.
8.G.4.1 Management Practices for Clearing, Grading, and Excavation Activities.
8.G.4.1.1 Selecting and installing control measures. For all areas affected by clearing,
grading, and excavation activities, you must select, design, install, and
implement control measures that meet applicable Part 2 effluent limits.
8.G.4.1.2 Good Housekeeping. Litter, debris, and chemicals must be prevented from
becoming a pollutant source in stormwater discharges.
8.G.4.1.3 Retention and Detention of Stormwater Runoff. For drainage locations serving
more than one acre, sediment basins and/or temporary sediment traps should
be used. At a minimum, silt fences, vegetative buffer strips, or equivalent
sediment controls are required for all down slope boundaries (and for side
slope boundaries as necessary based on individual site conditions) of the
development area unless a sediment basin providing storage for a calculated
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volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage
per acre drained is provided. You are required to remove sediment from
sediment traps or sedimentation ponds when design capacity has been reduced
by 50 percent. Due to high sediment discharges from some Sector G facilities,
permittees may need to implement a combination of structural BMP
approaches to sufficiently decrease discharge of sediment from their facilities.
8.G.4.2 Inspection of Clearing, Grading, and Excavation Activities.
8.G.4.2.1 Inspection Frequency. Inspections must be conducted either at least once
every 7 calendar days, or at least once every 14 calendar days and within 24
hours of the end of a storm event of 0.5 inches or greater. Inspection
frequency may be reduced to at least once every month if the entire site is
temporarily stabilized (pursuant to Part 8.G.4.3.2), if runoff is unlikely due to
winter (e.g., site is covered with snow or ice) or frozen conditions, or
construction is occurring during seasonal dry periods in arid areas and semi-
arid areas.
8.G.4.2.2 Location of Inspections. Inspections must include all areas of the site disturbed
by clearing, grading, and/or excavation activities and areas used for storage of
materials that are exposed to precipitation. Sedimentation and erosion control
measures must be observed to ensure proper operation. Discharge locations
must be inspected to ascertain whether erosion control measures are effective
in preventing significant impacts to waters of the United States, where
accessible. Where discharge locations are inaccessible, nearby downstream
locations must be inspected to the extent that such inspections are practicable.
Locations where vehicles enter or exit the site must be inspected for evidence
of significant off-site sediment tracking.
8.G.4.2.3 Inspection Reports. For each inspection required above, you must complete an
inspection report. At a minimum, the inspection report must include the
information required in Part 4.1.
8.G.4.3 Requirements for Cessation of Clearing, Grading, and Excavation Activities.
8.G.4.3.1 Inspections and Maintenance. Inspections and maintenance of control
measures, including BMPs, associated with clearing, grading, and excavation
activities being conducted as part of the exploration and construction phase of
a mining operation must continue until final stabilization has been achieved on
all portions of the disturbed area, or until the commencement of the active
mining phase for those areas that have been temporarily stabilized as a
precursor to mining.
8.G.4.3.2 Temporary Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where clearing, grading and/or
excavation activities have temporarily ceased, but in no case more than 14
days after the clearing, grading and/or excavation activities in that portion of
the site have temporarily ceased. In arid, semiarid, and drought-stricken areas,
or in areas subject to snow or freezing conditions, where initiating perennial
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vegetative stabilization measures is not possible within 14 days after mining,
exploration, and/or construction activity has temporarily ceased, temporary
vegetative stabilization measures must be initiated as soon as practicable.
Until temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers must be
employed. In areas of the site, where exploration and/or construction has
permanently ceased prior to active mining, temporary stabilization measures
must be implemented to minimize mobilization of sediment or other pollutants
until such time as the active mining phase commences.
8.G.4.3.3 Final Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where exploration and/or
construction activities have permanently ceased, but in no case more than 14
days after the exploration and/or construction activity in that portion of the site
has permanently ceased. In arid, semiarid, and drought-stricken areas, or in
areas subject to snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within 14 days after mining,
exploration, and/or construction activity has permanently ceased, final
vegetative stabilization measures must be initiated as soon as possible. Until
final stabilization is achieved temporary stabilization measures, such as
erosion control blankets with an appropriate seed base and tackifiers, must be
used.
8.G.5 Additional Technology-Based Effluent Limits.
8.G.5.1 Employee Training. (See also Part 2.1.2.9) Conduct employee training at least annually
at active and temporarily inactive sites.
8.G.5.2 Stormwater Controls. Apart from the control measures you implement to meet your Part
2 effluent limits, consider implementing the following control measures at your site.
The potential pollutants identified in Part 8.G.6.3 shall determine the priority and
appropriateness of the control measures selected.
8.G.5.2.1 Stormwater Diversions: Consider diverting stormwater away from potential
pollutant sources. Following are some options: interceptor or 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.
8.G.5.2.2 Capping: When capping is necessary to minimize pollutant discharges in
stormwater, identify the source being capped and the material used to
construct the cap.
8.G.5.2.3 Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil
and water separators, artificial wetlands) is necessary to protect water quality,
describe the type and location of treatment used. Passive and/or active
treatment of stormwater runoff is encouraged where practicable. Treated
runoff may be discharged as a stormwater source regulated under this permit
Stormwater Discharges Associated With Industrial Activity – Sector G 64
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provided the discharge is not combined with discharges subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source Category
(40 CFR Part 440).
8.G.5.3 Certification of Discharge Testing. (See also Part 5.1.3.4) Test or evaluate all outfalls
covered under this permit for the presence of specific mining-related non-stormwater
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 keep a certification with your SWPPP consistent
with Part 8.G.6.6.
8.G.6 Additional SWPPP Requirements.
8.G.6.1 Nature of Industrial Activities. (See also Part 5.1.2) Briefly document in your SWPPP
the mining and associated activities that can potentially affect the stormwater
discharges covered by this permit, including a general description of the location of the
site relative to major transportation routes and communities.
8.G.6.2 Site Map. (See also Part 5.1.2) Document in your SWPPP the locations of the following
(as appropriate): mining or milling site boundaries; access and haul roads; outline of the
drainage areas of each stormwater outfall within the facility with indications of the
types of discharges from the drainage areas; location(s) of all permitted discharges
covered under an individual NPDES permit, outdoor equipment storage, fueling, and
maintenance areas; materials handling areas; outdoor manufacturing, outdoor storage,
and material disposal areas; outdoor 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 and ponds (including proposed
ones); heap leach pads; off-site points of discharge for mine drainage and process
water; surface waters; boundary of tributary areas that are subject to effluent limitations
guidelines; and location(s) of reclaimed areas.
8.G.6.3 Potential Pollutant Sources. (See also Part 5.1.3) For each area of the mine or mill site
where stormwater 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 stormwater; vegetation of site (if any); and history of
significant leaks or spills of toxic or hazardous pollutants. Also include a summary of
any existing ore or waste rock or 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.
8.G.6.4 Documentation of Control Measures. Document all control measures that you
implement consistent with Part 8.G.5.2. If control measures are implemented or
planned but are not listed in Part 8.G.5.2 (e.g., substituting a less toxic chemical for a
more toxic one), include descriptions of them in your SWPPP.
8.G.6.5 Employee Training. All employee training(s) must be documented in the SWPPP.
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8.G.6.6 Certification of Permit Coverage for Commingled Non-Stormwater Discharges: If you
are able, consistent with Part 8.G.5.3 above, to certify that a particular discharge
composed of commingled stormwater and non-stormwater is covered under a separate
NPDES permit, and that permit subjects the non-stormwater portion to effluent
limitations prior to any commingling, retain such certification with your SWPPP. This
certification must identify the non-stormwater discharges, the applicable NPDES
permit(s), the effluent limitations placed on the non-stormwater discharge by the
permit(s), and the points at which the limitations are applied.
8.G.7 Additional Inspection Requirements.
(See also Part 4.1 and 8.G.4.2.) Except for areas of the site subject to clearing, grading,
and/or excavation activities conducted as part of the exploration and construction phase, which
are subject to Part 8.G.4.2.1, inspect sites at least quarterly unless adverse weather conditions
make the site inaccessible. Sites which discharge to waters designated as outstanding waters or
waters which are impaired for sediment or nitrogen must be inspected monthly. See Part 8.G.8.4
for inspection requirements for inactive and unstaffed sites.
8.G.8 Monitoring and Reporting Requirements. (See also Part 6 of the permit.)
Note: There are no Part 8.G.8 monitoring and reporting requirements for inactive and
unstaffed sites.
8.G.8.1 Benchmark Monitoring for Active Copper Ore Mining and Dressing Facilities. Active
copper ore mining and dressing facilities, must sample and analyze stormwater
discharges for the pollutants listed in Table 8.G-1.
Table 8.G-1
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Total Suspended Solids
(TSS)
100 mg/L
Nitrate plus Nitrite
Nitrogen
0.68 mg/L
Subsector G1. Active Copper Ore Mining and
Dressing Facilities
(SIC 1021)
Chemical Oxygen Demand
(COD)
120 mg/L
8.G.8.2 Benchmark Monitoring Requirements for Discharges From Waste Rock and
Overburden Piles at Active Metal Mining Facilities. For discharges from waste rock
and overburden piles, perform benchmark monitoring once in the first year for the
parameters listed in Table 8.G-2, and twice annually in all subsequent years of coverage
under this permit for any parameters for which the benchmark has been exceeded. You
are also required to conduct analytic monitoring for the parameters listed in Table 8.G-3
in accordance with the requirements in Part 8.G.6.3. The Director may also notify you
that you must perform additional monitoring to accurately characterize the quality and
quantity of pollutants discharged from your waste rock and overburden piles.
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Table 8.G-2.
Subsector
(Discharges may be subject to
requirements for more than one
sector/subsector)
Parameter
Benchmark Monitoring
Cutoff Concentration
Total Suspended Solids (TSS) 100 mg/L
Turbidity 50 NTU
pH 6.0-9.0 s.u.
Hardness (as CaCO
3
; calc. from
Ca, Mg)
1
no benchmark value
Total Antimony 0.64 mg/L
Total Arsenic 0.15 mg/ L
Total Beryllium 0.13 mg/L
Total Cadmium
1
Hardness Dependent
Total Copper
1
Hardness Dependent
Total Iron 1.0 mg/L
Total Lead
1
Hardness Dependent
Total Mercury 0.0014 mg/L
Total Nickel
1
Hardness Dependent
Total Selenium 0.005 mg/L
Total Silver
1
Hardness Dependent
Subsector G2. Iron Ores; Copper Ores;
Lead and Zinc Ores; Gold and Silver Ores;
Ferroalloy Ores, Except Vanadium; and
Miscellaneous Metal Ores (SIC Codes
1011, 1021, 1031, 1041, 1044, 1061, 1081,
1094, 1099)
(Note: when analyzing hardness for a suite
of metals, it is more cost effective to add
analysis of calcium and magnesium, and
have hardness calculated than to require
hardness analysis separately)
Total Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L
increments. Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Cadmium
(mg/L)
Copper
(mg/L)
Lead
(mg/L)
Nickel
(mg/L)
Silver
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.0005 0.0038 0.014 0.15 0.0007 0.04
25-50 mg/L 0.0008 0.0056 0.023 0.20 0.0007 0.05
50-75 mg/L 0.0013 0.0090 0.045 0.32 0.0017 0.08
75-100 mg/L 0.0018 0.0123 0.069 0.42 0.0030 0.11
100-125 mg/L 0.0023 0.0156 0.095 0.52 0.0046 0.13
125-150 mg/L 0.0029 0.0189 0.122 0.61 0.0065 0.16
150-175 mg/L 0.0034 0.0221 0.151 0.71 0.0087 0.18
175-200 mg/L 0.0039 0.0253 0.182 0.80 0.0112 0.20
200-225 mg/L 0.0045 0.0285 0.213 0.89 0.0138 0.23
225-250 mg/L 0.0050 0.0316 0.246 0.98 0.0168 0.25
250+ mg/L 0.0053 0.0332 0.262 1.02 0.0183 0.26
8.G.8.3 Additional Analytic Monitoring Requirements for Discharges From Waste Rock and
Overburden Piles at Active Metal Mining Facilities. In addition to the monitoring
required in Part 8.G.6.2 for discharges from waste rock and overburden piles, you must
also conduct monitoring for additional parameters based on the type of ore you mine at
your site. Where a parameter in Table 8.G-3 is the same as a pollutant you are required
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to monitor for in Table 8.G-2 (i.e., for all of the metals, you must use the corresponding
benchmark in Table 8.G-2 and you may use any monitoring results conducted for Part
8.G.6.2 to satisfy the monitoring requirement for that parameter for Part 8.G.6.3. For
radium and uranium, which do not have corresponding benchmarks in Table 8.G-2,
there are no applicable benchmarks.) The frequency and schedule for monitoring for
these additional parameters is the same as that specified in Part 6.2.1.2.
Table 8.G-3. Additional Monitoring Requirements for Discharges from Waste Rock and
Overburden Piles
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),
Lead (H), Zinc (H)
Molybdenum X X Arsenic, Cadmium (H), Copper (H),
Lead (H), Mercury, Zinc (H)
Uranium, Radium, and
Vanadium Ore
X X Chemical Oxygen Demand, Arsenic,
Radium (Dissolved and Total),
Uranium, Zinc (H)
Note: An “X” indicated for TSS and/or pH means that you are required to monitor for those parameters. (H)
indicates that hardness must also be measured when this pollutant is measured.
8.G.8.4 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirements
for Quarterly Visual Assessments and Routine Facility Inspections. As a Sector G
facility, if you are seeking to exercise a waiver from the quarterly visual assessment and
routine facility inspection requirements for inactive and unstaffed sites (including
temporarily inactive sites), you are conditionally exempt from the requirement to certify
that “there are no industrial materials or activities exposed to stormwater” in Part 4.2.3.
This exemption is conditioned on the following:
• If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
quarterly visual assessment requirements; and
• EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to cause,
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General Permit
or contributes to an instream excursion above an applicable water quality standard,
including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct quarterly visual assessments and routine
facility inspections. You are not waived from conducting the Part 4.3 comprehensive
site inspection. You are encouraged to inspect your site more frequently where you
have reason to believe that severe weather or natural disasters may have damaged
control measures or increased discharges.
Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Discharge/Source of Discharge Note/Comment
Piles
Waste rock/overburden If composed entirely of stormwater 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 stormwater and not
combining with mine drainage. See note below.
Offsite haul and 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 and access roads --
Milling/concentrating
Runoff from tailings dams and dikes when
constructed of waste rock/tailings
Except if process fluids are present and only if
composed entirely of stormwater and not
combining with mine drainage. See Note below.
Runoff from tailings dams/dikes when not
constructed of waste rock and tailings
Except if process fluids are present
Concentration building If stormwater only and no contact with piles
Mill site If stormwater only and no contact with piles
Ancillary areas
Office and administrative building and housing If mixed with stormwater 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 and 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
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Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Reclamation-related areas
Any disturbed area (unreclaimed) Only if not in active mining area
Reclaimed areas released from reclamation
requirements prior to Dec. 17, 1990
--
Partially/inadequately reclaimed areas or areas not
released from reclamation requirements
--
Note: Stormwater runoff from these sources are subject to the NPDES program for stormwater unless mixed with
discharges subject to 40 CFR Part 440 that are regulated by another permit prior to mixing. Non-stormwater
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 stormwater 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 1.1 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.
8.G.9. Termination of Permit Coverage
8.G.9.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site
or a portion of a site that has been released from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
under this permit. If the site or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
required to maintain coverage under this permit if the site or portion of the site has been
reclaimed as defined in Part 8.G.7.2.
8.G.9.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site
or portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not have
the potential to cause or contribute to violations of state water quality standards, (2) soil
disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil
erosion, and (4) as appropriate depending on location, size, and the potential to
contribute pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart H – Sector H – Coal Mines and Coal Mining-Related Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.H.1 Covered Stormwater Discharges.
The requirements in Subpart H apply to stormwater 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 D-1 of Appendix D.
8.H.2 Limitations on Coverage.
8.H.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) 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.
8.H.2.2 Discharges Subject to Stormwater Effluent Guidelines. (See also Part 1.1.4.4) Not
authorized by this permit: stormwater discharges subject to an existing effluent
limitation guideline at 40 CFR Part 434.
8.H.3 Definitions
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.H.3.1 Mining operation - Consists of the active and temporarily inactive phases, and the
reclamation phase, but excludes the exploration and construction phases.
8.H.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the
financial viability of a site. The exploration phase is not considered part of “mining
operations.”
8.H.3.3 Construction phase - Includes the building of site access roads and removal of
overburden and waste rock to expose mineable coal. The construction phase is not
considered part of “mining operations.”
8.H.3.4 Active phase - Activities including the extraction, removal or recovery of coal. For
surface mines, this definition does not include any land where grading has returned the
earth to a desired contour and reclamation has begun. This definition is derived from
the definition of “active mining area” found at 40 CFR 434.11(b). The active phase is
considered part of “mining operations.”
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8.H.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land
reclamation requirements, following the cessation of the “active phase”, intended to
return the land to an appropriate post-mining land use. The reclamation phase is
considered part of "mining operations."
8.H.3.6 Active coal mining facility - A place where work or other activity related to the
extraction, removal, or recovery of coal 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. This definition is derived from the definition of
“active mining area” found at 40 CFR 434.11(b).
8.H.3.7 Inactive coal mining facility - A site or portion of a site where coal 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 agency. An inactive coal mining facility has an identifiable owner / operator.
Sites where mining claims are being maintained prior to disturbances associated with
the extraction, beneficiation, or processing of mined materials and sites where minimal
activities are undertaken for the sole purpose of maintaining a mining claim are not
considered either active or inactive mining facilities and do not require an NPDES
industrial stormwater permit.
8.H.3.8 Temporarily inactive coal mining facility - A site or portion of a site where coal 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 agency.
8.H.3.9 Final Stabilization - A site or portion of a site is “finally stabilized” when it has
implemented all applicable Federal and State reclamation requirements.
8.H.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities.
Clearing, grading, and excavation activities being conducted as part of the exploration
and construction phase of mining activities are covered under this permit.
8.H.4.1 Management Practices for Clearing, Grading, and Excavation Activities.
8.H.4.1.1 Selecting and installing control measures. For all areas affected by clearing,
grading, and excavation activities, you must select, design, install, and
implement control measures that meet applicable Part 2 effluent limits.
8.H.4.1.2 Good Housekeeping. Litter, debris, and chemicals must be prevented from
becoming a pollutant source in stormwater discharges.
8.H.4.1.3 Retention and Detention of Stormwater Runoff. For drainage locations serving
more than one acre, sediment basins and/or temporary sediment traps should
be used. At a minimum, silt fences, vegetative buffer strips, or equivalent
sediment controls are required for all down slope boundaries (and side slope
boundaries as necessary based on individual site conditions) of the
development area unless a sediment basin providing storage for a calculated
volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage
Stormwater Discharges Associated With Industrial Activity – Sector H 72
General Permit
per acre drained is provided. You are required to remove sediment from
sediment traps or sedimentation ponds when design capacity has been reduced
by 50 percent. Due to high sediment discharges from some Sector H facilities,
permittees may need to implement a combination of structural BMP
approaches to sufficiently decrease discharge of sediment from their facilities.
8.H.4.2 Inspection of Clearing, Grading, and Excavation Activities.
8.H.4.2.1 Inspection Frequency. Inspections must be conducted either at least once
every 7 calendar days, or at least once every 14 calendar days and within 24
hours of the end of a storm event of 0.5 inches or greater. Inspection
frequency may be reduced to at least once every month if the entire site is
temporarily stabilized (pursuant to Part 8.H.4.3.2), if runoff is unlikely due to
winter (e.g., site is covered with snow or ice) or frozen conditions, or
construction is occurring during seasonal dry periods in arid areas and semi-
arid areas.
8.H.4.2.2 Location of Inspections. Inspections must include all areas of the site disturbed
by clearing, grading, and/or excavation activities and areas used for storage of
materials that are exposed to precipitation. Sedimentation and erosion control
measures must be observed to ensure proper operation. Discharge locations
must be inspected to ascertain whether erosion control measures are effective
in preventing significant impacts to waters of the United States, where
accessible. Where discharge locations are inaccessible, nearby downstream
locations must be inspected to the extent that such inspections are practicable.
Locations where vehicles enter or exit the site must be inspected for evidence
of significant off-site sediment tracking.
8.H.4.2.3 Inspection Reports. For each inspection required above, you must complete an
inspection report. At a minimum, the inspection report must include the
information required in Part 4.1.
8.H.4.3 Requirements for Cessation of Clearing, Grading, and Excavation Activities.
8.H.4.3.1 Inspections and Maintenance. Inspections and maintenance of control
measures, including BMPs, associated with clearing, grading, and/or
excavation activities being conducted as part of the exploration and
construction phase of a mining operation must continue until final stabilization
has been achieved on all portions of the disturbed area.
8.H.4.3.2 Temporary Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where clearing, grading and/or
excavation activities have temporarily ceased, but in no case more than 14
days after the clearing, grading and/or excavation activities in that portion of
the site have temporarily ceased. In arid, semiarid, and drought-stricken areas,
or in areas subject to snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within 14 days after mining,
exploration, and/or construction activity has temporarily ceased, temporary
vegetative stabilization measures must be initiated as soon as practicable.
Stormwater Discharges Associated With Industrial Activity – Sector H 73
General Permit
Until temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers must be
employed. In areas of the site, where exploration and/or construction has
permanently ceased prior to active mining, temporary stabilization measures
must be implemented to minimize mobilization of sediment or other pollutants
until such time as the active mining phase commences.
8.H.4.3.2 Final Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where exploration and/or
construction activities have permanently ceased, but in no case more than 14
days after the exploration and/or construction activity in that portion of the site
has permanently ceased. In arid, semiarid, and drought-stricken areas, or in
areas subject to snow or freezing conditions, or in areas subject to snow or
freezing conditions, where initiating perennial vegetative stabilization
measures is not possible within 14 days after mining, exploration, and/or
construction activity has permanently ceased, temporary vegetative
stabilization measures must be initiated as soon as possible. Until final
stabilization is achieved temporary stabilization measures, such as erosion
control blankets with an appropriate seed base and tackifiers, must be used.
8.H.5 Additional Technology-Based Effluent Limits.
8.H.5.1 Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good
housekeeping program, consider using sweepers and covered storage, watering haul
roads to minimize dust generation, and conserving vegetation (where possible) to
minimize erosion.
8.H.5.2 Preventive Maintenance. (See also Part 2.1.2.3) Perform inspections or other equivalent
measures of storage tanks and pressure lines of fuels, lubricants, hydraulic fluid, and
slurry to prevent leaks due to deterioration or faulty connections.
8.H.6 Additional SWPPP Requirements.
8.H.6.1 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 stormwater-related pollutant discharges must be addressed and then
documented with the SWPPP (directly or by reference).
8.H.6.2 Site Map. (See also Part 5.1.2) Document in your SWPPP where any of the following
may be exposed to precipitation or surface runoff: 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 and structures; and
inactive mines and related areas; acidic spoil, refuse, or unreclaimed disturbed areas;
and liquid storage tanks containing pollutants such as caustics, hydraulic fluids, and
lubricants.
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General Permit
8.H.6.3 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP 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 or spoil.
8.H.7 Additional Inspection Requirements.
8.H.7.1 Inspections of Active Mining-Related Areas. (See also Part 4) Except for areas of the
site subject to clearing, grading, and/or excavation activities conducted as part of the
exploration and construction phase, which are subject to Part 8.H.4.2.1, perform
quarterly inspections of active mining 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. See Part 8.H.8.1 for inspection requirements for inactive and unstaffed
sties.
8.H.7.2 Sediment and Erosion Control. (See also Part 2.1.2.5) As indicated in Part 8.H.6.1,
SMCRA requirements regarding sediment and erosion control measures must be
complied with for those areas subject to SMCRA authority, including inspection
requirements.
8.H.7.3 Comprehensive Site Inspections. (See also Part 4.3) Your inspection program must
include inspections for pollutants entering the drainage system from activities located
on or near coal mining-related areas. Among the areas to be inspected are 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
and structures; and inactive mines and related areas.
8.H.8 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.H-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Subsector H1. Coal Mines and Related Areas
(SIC 1221-1241)
Total Suspended Solids (TSS) 100 mg/L
8.H.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement
for Routine Inspections, Quarterly Visual Assessments, and Benchmark Monitoring. As
a Sector H facility, if you are seeking to exercise a waiver from either the quarterly
visual assessment or the benchmark monitoring requirements for inactive and unstaffed
sites (including temporarily inactive sites), you are conditionally exempt from the
requirement to certify that “there are no industrial materials or activities exposed to
Stormwater Discharges Associated With Industrial Activity – Sector H 75
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector H 76
stormwater” in Parts 4.2.3 and 6.2.1.3, respectively. Additionally, if you are seeking to
reduce your required quarterly routine inspection frequency to a once annual
comprehensive inspection, as is allowed under Part 4.1.3, you are also conditionally
exempt from the requirement to certify that “there are no industrial materials or
activities exposed to stormwater.” These conditional exemptions are based on the
following requirements:
• If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
applicable benchmark monitoring requirements as if you were in your first year of
permit coverage, and the quarterly visual assessment requirements; and
• EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to cause
or contribute to an instream excursion above an applicable water quality standard,
including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct quarterly visual assessments and routine
facility inspections. You are not waived from conducting the Part 4.3 comprehensive
site inspection. You are encouraged to inspect your site more frequently where you
have reason to believe that severe weather or natural disasters may have damaged
control measures or increased discharges.
8.H.9 Termination of Permit Coverage
8.H.9.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site
or a portion of a site that has been released from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
under this permit. If the site or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
required to maintain coverage under this permit if the site or portion of the site has been
reclaimed as defined in Part 8.H.7.2.
8.H.9.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site
or portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not have
the potential to cause or contribute to violations of state water quality standards, (2) soil
disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil
erosion, and (4) as appropriate depending on location, size, and the potential to
contribute pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart I – Sector I – Oil and Gas Extraction.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.I.1 Covered Stormwater Discharges.
The requirements in Subpart I apply to stormwater discharges associated with industrial
activity from Oil and Gas Extraction facilities as identified by the SIC Codes specified under
Sector I in Table D-1 of Appendix D of the permit.
Discharges of stormwater runoff from field activities or operations associated with oil
and gas exploration, production, processing, or treatment operations or transmission facilities are
exempt from NPDES permit coverage unless, in accordance with 40 CFR 122.26(c)(1)(iii), the
facility:
• Has had a discharge of stormwater resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40
CFR 302.6 at anytime since November 16, 1987; or
• Has had a discharge of stormwater resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 110.6 at any
time since November 16, 1987; or
• Contributes to a violation of a water quality standard.
Any stormwater discharges that require permit coverage as a result of meeting one of the
conditions of 122.26(c)(1)(iii) may be covered under this permit unless otherwise required to
obtain coverage under an alternative NPDES general permit or an individual NPDES permit as
specified in Part 1.6.1.
8.I.2 Limitations on Coverage.
8.I.2.1 Stormwater Discharges Subject to Effluent Limitation Guidelines. (See also Part
1.1.4.4) This permit does not authorize stormwater discharges from petroleum drilling
operations that are subject to nationally established effluent limitation guidelines found
at 40 CFR Part 435, respectively.
8.I.2.2 Non-Stormwater Discharges. Discharges of vehicle and equipment washwater,
including tank cleaning operations, are not authorized by this permit. 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.
Stormwater Discharges Associated With Industrial Activity – Sector I 77
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector I 78
8.I.3 Additional Technology-Based Effluent Limits.
8.I.3.1 Vegetative Controls. Implement vegetative practices designed to preserve existing
vegetation, where attainable, and revegetate 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, and tree
protection practices. Begin implementing appropriate vegetative practices on all
disturbed areas within 14 days following the last activity in that area.
8.I.4 Additional SWPPP Requirements.
8.I.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or 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.
8.I.4.2 Potential Pollutant Sources. (See also Part 5.1.3) Also document in your SWPPP 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
reportable quantity (RQ) release that triggered the permit application requirements: the
nature of the release (e.g., spill of oil from a drum storage area), 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 stormwater from release (taking into account human health
risks, the control of drinking water intakes, and the designated uses of the receiving water).
8.I.4.3 Erosion and Sedimentation Control. (See also Part 2.1.2.5) Unless covered by the
current Construction General Permit (CGP), the additional documentation requirements
for sediment and erosion controls for well drillings and sand/shale mining areas include
the following:
8.I.4.3.1 Site Description. Also include a description in your SWPPP 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, a site
drainage map, including approximate slopes, and the names of all receiving
waters.
8.I.4.3.2 Vegetative Controls. Document vegetative practices used consistent with Part
8.I.3.1 in the SWPPP.
8.I.5 Additional Inspection Requirements.
All erosion and sedimentation control measures must be inspected every 7 days.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart J – Sector J – Non-Metallic Mineral Mining and Dressing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.J.1 Covered Stormwater Discharges.
The requirements in Subpart J apply to stormwater discharges associated with industrial
activity from Active and Inactive Non-Metallic Mineral Mining and Dressing facilities as
identified by the SIC Codes specified under Sector J in Table D-1 of Appendix D of the permit.
8.J.1.1 Covered Discharges from Inactive Facilities. All stormwater discharges.
8.J.1.2 Covered Discharges from Active and Temporarily Inactive Facilities. All stormwater
discharges, except for most stormwater discharges subject to the existing effluent
limitation guideline at 40 CFR Part 436. Mine dewatering discharges composed
entirely of stormwater or uncontaminated ground water seepage from: construction
sand and gravel, industrial sand, and crushed stone mining facilities in Regions 1, 2, 3,
6, 9, and 10 are covered by this permit.
8.J.1.3 Covered Discharges from Exploration and Construction of Non-Metallic Mineral
Mining Facilities. All stormwater discharges.
8.J.1.4 Covered Discharges from Sites Undergoing Reclamation. All stormwater discharges.
8.J.2 Limitations on Coverage.
Most stormwater discharges subject to an existing effluent limitation guideline at 40 CFR
Part 436 are not authorized by this permit. The exceptions to this limitation, which are covered
by this permit, are mine dewatering discharges composed entirely of stormwater or
uncontaminated ground water seepage from construction sand and gravel, industrial sand, and
crushed stone mining facilities in Regions 1, 2, 3, 6, 9, and 10.
8.J.3 Definitions.
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.J.3.1 Mining operations - Consists of the active and temporarily inactive phases, and the
reclamation phase, but excludes the exploration and construction phases.
8.J.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the
financial viability of a site. The exploration phase is not considered part of “mining
operations.”
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General Permit
8.J.3.3 Construction phase - Includes the building of site access roads and removal of
overburden and waste rock to expose mineable minerals. The construction phase is not
considered part of “mining operations”.
8.J.3.4 Active phase - Activities including the extraction, removal or recovery of minerals. For
surface mines, this definition does not include any land where grading has returned the
earth to a desired contour and reclamation has begun. This definition is derived from
the definition of “active mining area” found at 40 CFR 440.132(a). The active phase is
considered part of “mining operations.”
8.J.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land
reclamation requirements, following the cessation of the “active phase”, intended to
return the land to an appropriate post-mining land use. The reclamation phase is
considered part of "mining operations".
NOTE: The following definitions are not intended to supersede the definitions of active
and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.J.3.6 Active Mineral Mining Facility - A place where work or other activity related to the
extraction, removal, or recovery of minerals 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. This definition is derived from the definition of
“active mining area” found at 40 CFR 440.132(a).
8.J.3.7 Inactive Mineral Mining Facility - A site or portion of a site where mineral 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 agency. An inactive mineral mining facility has an
identifiable owner / operator. Sites where mining claims are being maintained prior to
disturbances associated with the extraction, beneficiation, or processing of mined
materials, and sites where minimal activities are undertaken for the sole purpose of
maintaining a mining claim are not considered either active or inactive mining facilities
and do not require an NPDES industrial stormwater permit.
8.J.3.8 Temporarily Inactive Mineral 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 agency.
8.J.3.9 Final Stabilization - a site or portion of a site is “finally stabilized” when it has
implemented all applicable Federal and State reclamation requirements.
8.J.3.10 Uncontaminated - Free from the presence of pollutants attributable to industrial activity.
8.J.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities.
Clearing, grading, and excavation activities being conducted as part of the exploration
and construction phase of mining activities are covered under this permit.
8.J.4.1 Management Practices for Clearing, Grading, and Excavation Activities.
Stormwater Discharges Associated With Industrial Activity – Sector J 80
General Permit
8.J.4.1.1 Selecting and installing control measures. For all areas affected by clearing,
grading, and excavation activities, you must select, design, install, and
implement control measures that meet applicable Part 2 effluent limits.
8.J.4.1.2 Good Housekeeping. (See also Part 2.1.2.2) Litter, debris, and chemicals must
be prevented from becoming a pollutant source in stormwater discharges.
8.J.4.1.3 Retention and Detention of Stormwater Runoff. For drainage locations serving
more than one acre, sediment basins and/or temporary sediment traps should
be used. At a minimum, silt fences, vegetative buffer strips, or equivalent
sediment controls are required for all down slope boundaries (and for those
side slope boundaries deemed appropriate as dictated by individual site
conditions) of the development area unless a sediment basin providing storage
for a calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic
feet of storage per acre drained is provided.
8.J.4.2 Inspection of Clearing, Grading, and Excavation Activities. (See also Part 4)
8.J.4.2.1 Inspection Frequency. Inspections must be conducted either at least once
every 7 calendar days or at least once every 14 calendar days and within 24
hours of the end of a storm event of 0.5 inches or greater. Inspection
frequency may be reduced to at least once every month if the entire site is
temporarily stabilized (pursuant to Part 8.J.4.3.2), if runoff is unlikely due to
winter conditions (e.g., site is covered with snow, ice, or the ground is frozen),
or construction is occurring during seasonal arid periods in arid areas and
semi-arid areas.
8.J.4.2.2 Location of Inspections. Inspections must include all areas of the site disturbed
by clearing, grading, and/or excavation activities and areas used for storage of
materials that are exposed to precipitation. Sedimentation and erosion control
measures implemented must be observed to ensure proper operation.
Discharge locations must be inspected to ascertain whether erosion control
measures are effective in preventing significant impacts to waters of the
United States, where accessible. Where discharge locations are inaccessible,
nearby downstream locations must be inspected to the extent that such
inspections are practicable. Locations where vehicles enter or exit the site
must be inspected for evidence of significant off-site sediment tracking.
8.J.4.2.3 Inspection Reports. (See also Part 4.1) For each inspection required above,
you must complete an inspection report. At a minimum, the inspection report
must include the information required in Part 4.1.
8.J.4.3 Requirements for Cessation of Clearing, Grading, and Excavation Activities.
8.J.4.3.1 Inspections and Maintenance. Inspections and maintenance of control
measures, including any BMPs, associated with clearing, grading, and/or
excavation activities being conducted as part of the exploration and
construction phase of a mining operation must continue until final stabilization
has been achieved on all portions of the disturbed area or until the
Stormwater Discharges Associated With Industrial Activity – Sector J 81
General Permit
commencement of the active mining phase for those areas that have been
temporarily stabilized as a precursor to mining
8.J.4.3.2 Temporary Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where clearing, grading and/or
excavation activities have temporarily ceased, but in no case more than 14
days after the clearing, grading and/or excavation activities in that portion of
the site have temporarily ceased. In arid, semiarid, and drought-stricken areas,
or in areas subject to snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within 14 days after mining,
exploration, and/or construction activity has temporarily ceased, temporary
vegetative stabilization measures must be initiated as soon as practicable.
Until temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers must be
employed. In areas of the site, where exploration and/or construction has
permanently ceased prior to active mining, temporary stabilization measures
must be implemented to minimize mobilization of sediment or other pollutants
until such time as the active mining phase commences.
8.J.4.3.3 Final Stabilization of Disturbed Areas. Stabilization measures should be
initiated immediately in portions of the site where mining, exploration, and/or
construction activities have permanently ceased, but in no case more than 14
days after the exploration and/or construction activity in that portion of the site
has permanently ceased. In arid, semiarid, and drought-stricken areas, or in
areas subject to snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within 14 days after mining,
exploration, and/or construction activity has permanently ceased, final
vegetative stabilization measures must be initiated as soon as possible. Until
final stabilization is achieved temporary stabilization measures, such as
erosion control blankets with an appropriate seed base and tackifiers must be
used.
8.J.5 Additional Technology-Based Effluent Limits.
8.J.5.1 Employee Training. Conduct employee training at least annually at active and
temporarily inactive sites. (See also Part 2.1.2.9)
8.J.5.2 Stormwater Controls. Apart from the control measures you implement to meet your Part
2 effluent limits, where necessary to minimize pollutant discharges, implement the
following control measures at your site. The potential pollutants identified in Part
8.J.5.3 shall determine the priority and appropriateness of the control measures selected.
8.J.5.2.1 Stormwater Diversions: Consider diverting stormwater away from potential
pollutant sources. Following are some control measure options: interceptor or
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.
Stormwater Discharges Associated With Industrial Activity – Sector J 82
General Permit
8.J.5.2.2 Capping: When capping is necessary to minimize pollutant discharges in
stormwater, identify the source being capped and the material used to
construct the cap.
8.J.5.2.3 Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil
and water separators, artificial wetlands) is necessary to protect water quality,
describe the type and location of treatment used. Passive and/or active
treatment of stormwater runoff is encouraged. Treated runoff may be
discharged as a stormwater source regulated under this permit provided the
discharge is not combined with discharges subject to effluent limitation
guidelines for the Mineral Mining and Processing Point Source Category (40
CFR Part 436).
8.J.5.3 Certification of Discharge Testing: (See also Part 5.1.4.4) Test or evaluate all outfalls
covered under this permit for the presence of specific mining-related non-stormwater
discharges such as discharges subject to effluent limitations guidelines (e.g., 40 CFR
Part 436). Alternatively (if applicable), you may keep a certification with your SWPPP.
8.J.6 Additional SWPPP Requirements.
The requirements in Part 8.J.6 are applicable for sites undergoing exploration and
construction, active mineral mining facilities, temporarily inactive mineral mining facilities, and
sites undergoing reclamation. The requirements in Part 8.J.6 are not applicable to inactive
mineral mining facilities.
8.J.6.1 Nature of Industrial Activities. (See also Part 5.1.2) Document in your SWPPP the
mining and associated activities that can potentially affect the stormwater discharges
covered by this permit, including a general description of the location of the site relative
to major transportation routes and communities.
8.J.6.2 Site Map. (See also Part 5.1.2) Document in your SWPPP the locations of the following
(as appropriate): mining or milling site boundaries; access and haul roads; outline of the
drainage areas of each stormwater outfall within the facility with indications of the
types of discharges from the drainage areas; location(s) of all permitted discharges
covered under an individual NPDES permit, outdoor equipment storage, fueling, and
maintenance areas; materials handling areas; outdoor manufacturing, outdoor storage,
and material disposal areas; outdoor chemicals and explosives storage areas;
overburden, materials, soils, or waste storage areas; location of mine drainage
dewatering or other process water; heap leach pads; off-site points of discharge for
mine dewatering and process water; surface waters; boundary of tributary areas that are
subject to effluent limitations guidelines; and location(s) of reclaimed areas.
8.J.6.3 Potential Pollutant Sources. (See also Part 5.1.3) For each area of the mine or mill site
where stormwater discharges associated with industrial activities occur, document in
your SWPPP the types of pollutants (e.g., heavy metals, sediment) likely to be present
in significant amounts. For example, phosphate mining facilities will likely need to
document pollutants such as selenium, which can be present in significant amounts in
their discharges. Consider these factors: the mineralogy of the waste rock (e.g., acid
forming); toxicity and quantity of chemicals used, produced, or discharged; the
Stormwater Discharges Associated With Industrial Activity – Sector J 83
General Permit
likelihood of contact with stormwater; vegetation of site (if any); and history of
significant leaks or spills of toxic or hazardous pollutants. Also include a summary of
any existing waste rock or overburden characterization data and test results for potential
generation of acid rock drainage.
8.J.6.4 Stormwater Controls. To the extent that you use any of the control measures in Part
8.J.5.2, document them in your SWPPP pursuant to Part 5.1.4. If control measures 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.
8.J.6.4 Employee Training. All employee training(s) conducted in accordance with Part 8.J.5.1
must be documented with the SWPPP.
8.J.6.5 Certification of Permit Coverage for Commingled Non-Stormwater Discharges. If you
determine that you are able to certify, consistent with Part 8.J.5.3, that a particular
discharge composed of commingled stormwater and non-stormwater is covered under a
separate NPDES permit, and that permit subjects the non-stormwater portion to effluent
limitations prior to any commingling, you must retain such certification with your
SWPPP. This certification must identify the non-stormwater discharges, the applicable
NPDES permit(s), the effluent limitations placed on the non-stormwater discharge by
the permit(s), and the points at which the limitations are applied.
8.J.7 Additional Inspection Requirements.
Except for areas of the site subject to clearing, grading, and/or excavation activities
conducted as part of the exploration and construction phase, which are subject to Part 8.J.4.2.1,
you must inspect sites at least quarterly unless adverse weather conditions make the site
inaccessible. Sites which discharge to waters which are designated as outstanding waters or
waters which are impaired for sediment or nitrogen must be inspected monthly. See Part 8.J.8.1
for inspection requirements for inactive and unstaffed sites. (See also Part 4.1 and 8.J.4.2.)
8.J.8 Sector-Specific Benchmarks
Table 8.J-1 identifies benchmarks that apply to the specific subsectors of Sector J. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Table 8.J-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Nitrate plus Nitrite Nitrogen 0.68 mg/L Subsector J1. Sand and Gravel Mining (SIC
1442, 1446)
Total Suspended Solids (TSS) 100 mg/L
Subsector J2. Dimension and Crushed Stone and
Nonmetallic Minerals (except fuels) (SIC 1411,
1422-1429, 1481, 1499)
Total Suspended Solids (TSS) 100 mg/L
Stormwater Discharges Associated With Industrial Activity – Sector J 84
General Permit
8.J.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement
for Routine Inspections, Quarterly Visual Assessments, and Benchmark Monitoring. As
a Sector J facility, if you are seeking to exercise a waiver from either the routine
inspection, quarterly visual assessment or the benchmark monitoring requirements for
inactive and unstaffed sites (including temporarily inactive sites), you are conditionally
exempt from the requirement to certify that “there are no industrial materials or
activities exposed to stormwater” in Parts 4.2.3 and 6.2.1.3, respectively. This
exemption is conditioned on the following:
• If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
applicable benchmark monitoring requirements as if you were in your first year of
permit coverage, and the quarterly visual assessment requirements; and
• EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to cause,
or contributes to an instream excursion above an applicable water quality standard,
including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct quarterly visual assessments and routine
facility inspections. You are not waived from conducting the Part 4.3 comprehensive
site inspection. You are encouraged to inspect your site more frequently where you
have reason to believe that severe weather or natural disasters may have damaged
control measures or increased discharges.
8.J.9 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit)
Table 8.J-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.J-2
Industrial Activity Parameter Effluent Limit
1
Mine dewatering discharges at crushed stone mining
facilities (SIC 1422 - 1429)
pH 6.0 - 9.0
Mine dewatering discharges at construction sand and
gravel mining facilities (SIC 1442)
pH 6.0 - 9.0
25 mg/L, monthly avg. Total Suspended
Solids (TSS)
45 mg/L, daily maximum
Mine dewatering discharges at industrial sand mining
facilities (SIC 1446)
pH 6.0 - 9.0
1
Monitor annually.
Stormwater Discharges Associated With Industrial Activity – Sector J 85
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector J 86
8.J.10 Termination of Permit Coverage
8.J.10.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site
or a portion of a site that has been released from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
under this permit. If the site or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
required to maintain coverage under this permit if the site or portion of the site has been
reclaimed as defined in Part 8.J.7.2.
8.J.10.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site
or portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not have
the potential to cause or contribute to violations of state water quality standards, (2) soil
disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil
erosion, and (4) as appropriate depending on location, size, and the potential to
contribute pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart K – Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.K.1 Covered Stormwater Discharges.
The requirements in Subpart K apply to stormwater discharges associated with industrial
activity from Hazardous Waste Treatment, Storage, or Disposal facilities (TSDFs) as identified
by the Activity Code specified under Sector K in Table D-1 of Appendix D of the permit.
8.K.2 Industrial Activities Covered by Sector K.
This permit authorizes stormwater 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.
Disposal facilities that have been properly closed and capped, and have no significant
materials exposed to stormwater, are considered inactive and do not require permits.
8.K.3 Limitations on Coverage.
8.K.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are 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 that have come in direct
contact with solid waste at the landfill facility.
8.K.3.2 Limitations on Coverage for Facilities Providing Commercial TSDF Services. For
facilities located in Region 6 (see Appendix C) coverage is limited to hazardous waste
TSDFs that are self-generating (including occasionally accepting wastes from community
household hazardous waste collection events as public service), handle only residential
wastes, and/or only store hazardous wastes and do not treat or dispose of them. Coverage
under this permit is not available to commercial waste disposal and treatment facilities
located in Region 6 that dispose and treat on a commercial basis any produced hazardous
wastes (i.e., not their own) as a service to commercial or industrial generators.
8.K.4 Definitions.
8.K.4.1 Contaminated stormwater - stormwater that comes into direct contact with landfill
wastes, the waste handling and treatment areas, or landfill wastewater as defined in Part
8.K.4.5. Some specific areas of a landfill that may produce contaminated stormwater
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.
Stormwater Discharges Associated With Industrial Activity – Sector K 87
General Permit
8.K.4.2 Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior
to landfilling.
8.K.4.3 Landfill - an area of land or an excavation in which wastes are placed for permanent
disposal, but that is not a land application or land treatment unit, surface impoundment,
underground injection well, waste pile, salt dome formation, salt bed formation,
underground mine, or cave as these terms are defined in 40 CFR 257.2, 258.2, and
260.10.
8.K.4.4 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 stormwater, 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 stormwater, and contact washwater from washing truck, equipment, and
railcar exteriors and surface areas that have come in direct contact with solid waste at
the landfill facility.
8.K.4.5 Leachate - liquid that has passed through or emerged from solid waste and contains
soluble, suspended, or miscible materials removed from such waste.
8.K.4.6 Non-contaminated stormwater - stormwater that does not come into direct contact with
landfill wastes, the waste handling and treatment areas, or landfill wastewater as
defined in Part 8.K.4.4. Non-contaminated stormwater includes stormwater that flows
off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.
8.K.5 Sector-Specific Benchmarks
Table 8.K-1 identifies benchmarks that apply to the specific subsectors of Sector K.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Stormwater Discharges Associated With Industrial Activity – Sector K 88
General Permit
Table 8.K-1.
Subsector
(You may be subject to requirements
for more than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Ammonia 2.14 mg/L
Total Magnesium 0.064 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Total Arsenic 0.15 mg/L
Total Cadmium
1
Hardness Dependent
Total Cyanide 0.022 mg/ L
Total Lead
1
Hardness Dependent
Total Mercury 0.0014 mg/ L
Total Selenium 0.005 mg/L
Subsector K1. ALL - Industrial Activity
Code “HZ” (Note: permit coverage
limited in some States). Benchmarks only
applicable to discharges not subject to
effluent limitations in 40 CFR Part 445
Subpart A (see below).
Total Silver
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments.
Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Cadmium
(mg/L)
Lead
(mg/L)
Silver
(mg/L)
0-25 mg/L 0.0005 0.014 0.0007
25-50 mg/L 0.0008 0.023 0.0007
50-75 mg/L 0.0013 0.045 0.0017
75-100 mg/L 0.0018 0.069 0.0030
100-125 mg/L 0.0023 0.095 0.0046
125-150 mg/L 0.0029 0.122 0.0065
150-175 mg/L 0.0034 0.151 0.0087
175-200 mg/L 0.0039 0.182 0.0112
200-225 mg/L 0.0045 0.213 0.0138
225-250 mg/L 0.0050 0.246 0.0168
250+ mg/L 0.0053 0.262 0.0183
8.K.6 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.K-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Stormwater Discharges Associated With Industrial Activity – Sector K 89
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector K 90
Table 8.K-2
1
Industrial Activity Parameter Effluent Limit
220 mg/L, daily maximum Biochemical Oxygen
Demand (BOD
5
)
56 mg/L, monthly avg. maximum
88 mg/L, daily maximum Total Suspended Solids
(TSS)
27 mg/L, monthly avg. maximum
10 mg/L, daily maximum Ammonia
4.9 mg/L, monthly avg. maximum
0.042 mg/L, daily maximum Alpha Terpineol
0.019 mg/L, monthly avg. maximum
0.024 mg/L, daily maximum Aniline
0.015 mg/L, monthly avg. maximum
0.119 mg/L, daily maximum Benzoic Acid
0.073 mg/L, monthly avg. maximum
0.059 mg/L, daily maximum Naphthalene
0.022 mg/L, monthly avg. maximum
0.024 mg/L, daily maximum p-Cresol
0.015 mg/L, monthly avg. maximum
0.048 mg/L, daily maximum Phenol
0.029 mg/L, monthly avg. maximum
0.072 mg/L, daily maximum Pyridine
0.025 mg/L, monthly avg. maximum
1.1 mg/L, daily maximum Total Arsenic
0.54 mg/L, monthly avg. maximum
1.1 mg/L, daily maximum
Discharges from hazardous
waste landfills subject to
effluent limitations in 40
CFR Part 445 Subpart A (see
footnote).
Total Chromium
0.46 mg/L, monthly avg. maximum
0.535 mg/L, daily maximum Total Zinc
0.296 mg/L, monthly avg. maximum
pH Within the range of 6-9 standard pH units (s.u.)
1
Monitor annually. As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated
stormwater 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 following facilities:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
only 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 that 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 that 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.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart L – Sector L – Landfills, Land Application Sites, and Open Dumps.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.L.1 Covered Stormwater Discharges.
The requirements in Subpart L apply to stormwater discharges associated with industrial
activity from Landfills and Land Application Sites and Open Dumps as identified by the Activity
Code specified under Sector L in Table D-1 of Appendix D of the permit.
8.L.2 Industrial Activities Covered by Sector L.
This permit may authorize stormwater 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. This permit
does not cover discharges from landfills that receive only municipal wastes.
8.L.3 Limitations on Coverage.
8.L.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following
discharges are 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 that have come in
direct contact with solid waste at the landfill facility.
8.L.4 Definitions.
8.L.4.1 Contaminated stormwater - stormwater that comes into direct contact with landfill
wastes, the waste handling and treatment areas, or landfill wastewater. Some areas of a
landfill that may produce contaminated stormwater 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.
8.L.4.2 Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior
to landfilling.
8.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 stormwater, 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 stormwater; and contact washwater from washing truck,
Stormwater Discharges Associated With Industrial Activity – Sector L 91
General Permit
equipment, and railcar exteriors and surface areas that have come in direct contact with
solid waste at the landfill facility.
8.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.
8.L.4.5 Non-contaminated stormwater - stormwater that does not come into direct contact with
landfill wastes, the waste handling and treatment areas, or landfill wastewater. Non-
contaminated stormwater includes stormwater that flows off the cap, cover,
intermediate cover, daily cover, and/or final cover of the landfill.
8.L.5 Additional Technology-Based Effluent Limits.
8.L.5.1 Preventive Maintenance Program. (See also Part 2.1.2.3) As part of your preventive
maintenance program, maintain the following: all elements of leachate collection and
treatment systems, to prevent commingling of leachate with stormwater; 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.
8.L.5.2 Erosion and Sedimentation Control. (See also Part 2.1.2.5) Provide temporary
stabilization (e.g., temporary seeding, mulching, and placing geotextiles on the inactive
portions of stockpiles) for the following: materials stockpiled for daily, intermediate,
and final cover; inactive areas of the landfill or open dump; landfills or open dump
areas that have gotten final covers but where vegetation has yet to establish itself; and
land application sites where waste application has been completed but final vegetation
has not yet been established.
8.L.5.3 Unauthorized Discharge Test Certification. (See also Part 5.1.3.4) The discharge test
and certification must also be conducted for the presence of leachate and vehicle
washwater.
8.L.6 Additional SWPPP Requirements.
8.L.5.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or 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, and leachate collection
and handling systems.
8.L.5.2 Summary of Potential Pollutant Sources. (See also Part 5.1.3) Document in your
SWPPP the following sources and activities that have potential pollutants associated
with them: fertilizer, herbicide, and pesticide application; earth and soil moving; waste
hauling and loading or 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; and failure or leaks from leachate collection and treatment systems.
Stormwater Discharges Associated With Industrial Activity – Sector L 92
General Permit
8.L.7 Additional Inspection Requirements. (See also Part 4)
8.L.7.1 Inspections of Active Sites. Except in arid and semi-arid climates, 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 and wastes that are exposed to precipitation,
stabilization, and structural control measures; leachate collection and treatment systems;
and locations where equipment and waste trucks enter and exit the site. 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 arid or semi-
arid, conduct inspections at least once every month.
8.L.7.2 Inspections of Inactive Sites. 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, leachate collection and
treatment systems, and all closed land application areas.
8.L.8 Additional Post-Authorization Documentation Requirements.
8.L.8.1 Recordkeeping and Internal Reporting. Keep records with your SWPPP of the types of
wastes disposed of in each cell or trench of a landfill or open dump. For land
application sites, track the types and quantities of wastes applied in specific areas.
8.L.9 Sector-Specific Benchmarks
Table 8.L-1 identifies benchmarks that apply to the specific subsectors of Sector L.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Table 8.L-1.
Subsector
(You may be subject to requirements for more than one
sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
1
Subsector L1. All Landfill, Land Application Sites and Open
Dumps (Industrial Activity Code “LF”)
Total Suspended
Solids (TSS)
100 mg/L
Subsector L2. All Landfill, Land Application Sites and Open
Dumps, except Municipal Solid Waste Landfill (MSWLF) Areas
Closed in Accordance with 40 CFR 258.60 (Industrial Activity
Code “LF”)
Total Iron 1.0 mg/L
1
Benchmark monitoring required only for discharges not subject to effluent limitations in 40 CFR Part 445 Subpart
B (see Table L-2 above).
Stormwater Discharges Associated With Industrial Activity – Sector L 93
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector L 94
8.L.10. Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.L-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.L-2
1
Industrial Activity Parameter Effluent Limit
140 mg/L, daily maximum Biochemical Oxygen Demand
(BOD
5
)
37 mg/L, monthly avg. maximum
88 mg/L, daily maximum Total Suspended Solids (TSS)
27 mg/L, monthly avg. maximum
10 mg/L, daily maximum Ammonia
4.9 mg/L, monthly avg. maximum
0.033 mg/L, daily maximum Alpha Terpineol
0.016 mg/L monthly avg. maximum
Discharges from non-
hazardous waste landfills
subject to effluent limitations
in 40 CFR Part 445 Subpart
B.
0.12 mg/L, daily maximum
Benzoic Acid
0.071 mg/L, monthly avg. maximum
0.025 mg/L, daily maximum p-Cresol
0.014 mg/L, monthly avg. maximum
0.026 mg/L, daily maximum Phenol
0.015 mg/L, monthly avg. maximum
0.20 mg/L, daily maximum Total Zinc
0.11 mg/L, monthly avg. maximum
pH Within the range of 6-9 standard pH
units (s.u.)
1
Monitor annually. As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated
stormwater discharges from MSWLFs that have not been closed in accordance with 40 CFR 258.60, and to
contaminated stormwater discharges from those landfills that are subject to the provisions of 40 CFR Part 257 except
for discharges from any of the following facilities:
(a) landfills operated in conjunction with other industrial or commercial operations, when the landfill receives
only 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 that 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 that the
other wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with 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.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart M – Sector M – Automobile Salvage Yards.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.M.1 Covered Stormwater Discharges.
The requirements in Subpart M apply to stormwater discharges associated with industrial
activity from Automobile Salvage Yards as identified by the SIC Code specified under Sector M
in Table D-1 of Appendix D of this permit.
8.M.2 Additional Technology-Based Effluent Limits.
8.M.2.1 Spill and Leak Prevention Procedures. (See also Part 2.1.2.4) 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 and leaks.
8.M.2.2 Employee Training. (See also Part 2.1.2.9) 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, mercury
switches, and solvents.
8.M.2.3 Management of Runoff. (See also Part 2.1.2.6) 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
installation of filtering devices and oil and water separators.
8.M.3 Additional SWPPP Requirements.
8.M.3.1 Drainage Area Site Map. (See also Part 5.1.2) Identify locations used for dismantling,
storage, and maintenance of used motor vehicle parts. Also identify where any of the
following may be exposed to precipitation or surface runoff: dismantling areas, parts
(e.g., engine blocks, tires, hub caps, batteries, hoods, mufflers) storage areas, and liquid
storage tanks and drums for fuel and other fluids.
8.M.3.2 Potential Pollutant Sources. (See also Part 5.1.3) Assess the potential for the following
to contribute pollutants to stormwater discharges: vehicle storage areas, dismantling
areas, parts storage areas (e.g., engine blocks, tires, hub caps, batteries, hoods,
mufflers), and fueling stations.
8.M.4 Additional Inspection Requirements. (See also Part 4.1) 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, any other types of
fluids, or mercury switches. Also, inspect quarterly for signs of leakage all vessels and
Stormwater Discharges Associated With Industrial Activity – Sector M 95
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector M 96
areas where hazardous materials and general automotive fluids are stored, including, but
not limited to, mercury switches, brake fluid, transmission fluid, radiator water, and
antifreeze.
8.M.5 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.M-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Total Suspended Solids (TSS) 100 mg/L
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Subsector M1. Automobile Salvage
Yards (SIC 5015)
Total Lead
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L
increments. Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Lead
(mg/L)
0-25 mg/L 0.014
25-50 mg/L 0.023
50-75 mg/L 0.045
75-100 mg/L 0.069
100-125 mg/L 0.095
125-150 mg/L 0.122
150-175 mg/L 0.151
175-200 mg/L 0.182
200-225 mg/L 0.213
225-250 mg/L 0.246
250+ mg/L 0.262
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart N – Sector N – Scrap Recycling and Waste Recycling Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.N.1 Covered Stormwater Discharges.
The requirements in Subpart N apply to stormwater discharges associated with industrial
activity from Scrap Recycling and Waste Recycling facilities as identified by the SIC Code
specified under Sector N in Table D-1 of Appendix D of the permit.
8.N.2 Limitation on Coverage.
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, and aluminum and tin cans). This includes recycling facilities commonly referred to
as material recovery facilities (MRF).
8.N.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Non-stormwater
discharges from turnings containment areas are not covered by this permit (see also Part
8.N.3.2.3). Discharges from containment areas in the absence of a storm event are
prohibited unless covered by a separate NPDES permit.
8.N.3 Additional Technology-Based Effluent Limits.
8.N.3.1 Scrap and Waste Recycling Facilities (Non-Source Separated, Nonliquid Recyclable
Materials). Requirements for facilities that receive, process, and do wholesale
distribution of nonliquid recyclable wastes (e.g., ferrous and nonferrous metals, plastics,
glass, cardboard, and paper). These facilities may receive both nonrecyclable and
recyclable materials. This section is not intended for those facilities that accept
recyclables only from primarily non-industrial and residential sources.
8.N.3.1.1 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. Following
are some control measure options: (a) provide information and 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) and removal of mercury switches from vehicles before delivery to
your facility; (b) establish procedures to minimize the potential of any residual
fluids from coming into contact with precipitation or runoff; (c) establish
procedures for accepting scrap lead-acid batteries (additional requirements for
Stormwater Discharges Associated With Industrial Activity – Sector N 97
General Permit
the handling, storage, and disposal or recycling of batteries are contained in
the scrap lead-acid battery program provisions in Part 8.N.3.2.6); (d) provide
training targeted for those personnel engaged in the inspection and acceptance
of inbound recyclable materials; and (e) establish procedures to ensure that
liquid wastes, including used oil, are stored in materially compatible and non-
leaking containers and are disposed of or recycled in accordance with the
Resource Conservation and Recovery Act (RCRA).
8.N.3.1.2 Scrap and Waste Material Stockpiles and Storage (Outdoor). Minimize
contact of stormwater runoff with stockpiled materials, processed materials,
and nonrecyclable wastes. Following are some control measure options: (a)
permanent or semi-permanent covers; (b) sediment traps, vegetated swales and
strips, catch basin filters, and sand filters to facilitate settling or filtering of
pollutants; (c) dikes, berms, containment trenches, culverts, and surface
grading to divert runoff from storage areas; (d) silt fencing; and (e) oil and
water separators, sumps, and dry absorbents for areas where potential sources
of residual fluids are stockpiled (e.g., automobile engine storage areas).
8.N.3.1.3 Stockpiling of Turnings Exposed to Cutting Fluids (Outdoor Storage).
Minimize contact of surface runoff with residual cutting fluids by: (a) storing
all turnings exposed to cutting fluids under some form of permanent or semi-
permanent cover, or (b) establishing dedicated containment areas for all
turnings that have been exposed to cutting fluids. Any containment areas must
be constructed of concrete, asphalt, or other equivalent types of impermeable
material and include a barrier (e.g., berms, curbing, elevated pads) to prevent
contact with stormwater run-on. Stormwater runoff from these areas can be
discharged, provided that any runoff is first collected and treated by an oil and
water separator or its equivalent. You must regularly maintain the oil and
water separator (or its equivalent) and properly dispose of or recycle collected
residual fluids.
8.N.3.1.4 Scrap and Waste Material Stockpiles and Storage (Covered or Indoor
Storage). Minimize contact of residual liquids and particulate matter from
materials stored indoors or under cover with surface runoff. Following are
some control measure options: (a) good housekeeping measures, including the
use of dry absorbents or wet vacuuming to contain, dispose of, or recycle
residual liquids originating from recyclable containers, or mercury spill kits
for spills from storage of mercury switches; (b) not allowing washwater from
tipping floors or other processing areas to discharge to the storm sewer
system; and (c) disconnecting or sealing off all floor drains connected to the
storm sewer system.
8.N.3.1.5 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.). Following are some control measure options: (a) regularly
Stormwater Discharges Associated With Industrial Activity – Sector N 98
General Permit
inspect equipment for spills or leaks and malfunctioning, worn, or corroded
parts or equipment; (b) establish a preventive maintenance program for
processing equipment; (c) use dry-absorbents or other cleanup practices to
collect and dispose of or recycle spilled or leaking fluids or use mercury spill
kits for spills from storage of mercury switches; (d) on unattended hydraulic
reservoirs over 150 gallons in capacity, install protection devices such as low-
level alarms or equivalent devices, or secondary containment that can hold the
entire volume of the reservoir; (e) containment or diversion structures such as
dikes, berms, culverts, trenches, elevated concrete pads, and grading to
minimize contact of stormwater runoff with outdoor processing equipment or
stored materials; (f) oil and water separators or sumps; (g) permanent or semi-
permanent covers in processing areas where there are residual fluids and
grease; (h) retention or detention ponds or basins; sediment traps, and
vegetated swales or strips (for pollutant settling and filtration); (i) catch basin
filters or sand filters.
8.N.3.1.6 Scrap Lead-Acid Battery Program. Properly handle, store, and dispose of
scrap lead-acid batteries. Following are some control measure options (a)
segregate scrap lead-acid batteries from other scrap materials; (b) properly
handle, store, and dispose of cracked or broken batteries; (c) collect and
dispose of leaking lead-acid battery fluid; (d) minimize or eliminate (if
possible) exposure of scrap lead-acid batteries to precipitation or runoff; and
(e) provide employee training for the management of scrap batteries.
8.N.3.1.7 Spill Prevention and Response Procedures. (See also Part 2.1.2.4)Install
alarms and/or pump shutoff 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. Use a mercury spill kit for
any release of mercury from switches, anti-lock brake systems, and switch
storage areas.
8.N.3.1.8 Supplier Notification Program. As appropriate, notify major suppliers which
scrap materials will not be accepted at the facility or will be accepted only
under certain conditions.
8.N.3.2 Waste Recycling Facilities (Liquid Recyclable Materials).
8.N.3.2.1 Waste Material Storage (Indoor). Minimize or eliminate contact between
residual liquids from waste materials stored indoors and from surface runoff.
The plan may refer to applicable portions of other existing plans, such as Spill
Prevention, Control, and Countermeasure (SPCC) plans required under 40
CFR Part 112. Following are some control measure options (a) procedures for
material handling (including labeling and marking); (b) clean up spills and
leaks with dry absorbent materials, a wet vacuum system; (c) appropriate
containment structures (trenching, curbing, gutters, etc.); and (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
Stormwater Discharges Associated With Industrial Activity – Sector N 99
General Permit
discharged to an appropriate treatment facility or 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.
8.N.3.2.2 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. Following
are some control measure 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) corrosion protection and/or leak detection systems
for storage tanks; and (d) dry-absorbent materials or a wet vacuum system to
collect spills.
8.N.3.2.3 Trucks and Rail Car Waste Transfer Areas. Minimize pollutants in discharges
from truck and rail car loading and unloading areas. Include measures to clean
up minor spills and leaks resulting from the transfer of liquid wastes.
Following are two control measure options: (a) containment and diversionary
structures to minimize contact with precipitation or runoff, and (b) dry clean-
up methods, wet vacuuming, roof coverings, or runoff controls.
8.N.3.3 Recycling Facilities (Source-Separated Materials). The following identifies
considerations for facilities that receive only source-separated recyclables,
primarily from non-industrial and residential sources.
8.N.3.3.1 Inbound Recyclable Material Control. Minimize the chance of accepting
nonrecyclables (e.g., hazardous materials) that could be a significant source of
pollutants by conducting inspections of inbound materials. Following are
some control measure options: (a) providing information and education
measures to inform suppliers of recyclables about acceptable and non-
acceptable materials, (b) training drivers responsible for pickup of recycled
material, (c) clearly marking public drop-off containers regarding which
materials can be accepted, (d) rejecting nonrecyclable wastes or household
hazardous wastes at the source, and (e) establishing procedures for handling
and disposal of nonrecyclable material.
8.N.3.3.2 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. Following are
some control measure options (a) provide totally enclosed drop-off containers
for the public; (b) install a sump and 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, and roll-off boxes;
Stormwater Discharges Associated With Industrial Activity – Sector N 100
General Permit
and (f) store the equivalent of one day’s volume of recyclable material
indoors.
8.N.3.3.3 Indoor Storage and Material Processing. Minimize the release of pollutants
from indoor storage and processing areas. Following are some control measure
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, and (c) provide employee training on pollution
prevention practices.
8.N.3.3.4 Vehicle and Equipment Maintenance. Following are some control measure
options for areas where vehicle and equipment maintenance occur 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, and (g) provide employee
training on proper handling and storage of hydraulic fluids and lubricants.
8.N.4 Additional SWPPP Requirements.
8.N.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP the locations
of any of the following activities or sources that may be exposed to precipitation or
surface runoff: scrap and waste material storage, outdoor scrap and waste processing
equipment; and containment areas for turnings exposed to cutting fluids.
8.N.4.2 Maintenance Schedules/Procedures for Collection, Handling, and Disposal or
Recycling of Residual Fluids at Scrap and Waste Recycling Facilities. If you are
subject to Part 8.N.3.1.3, your SWPPP must identify any applicable maintenance
schedule and the procedures to collect, handle, and dispose of or recycle residual fluids.
8.N.5 Additional Inspection Requirements.
8.N.5.1 Inspections for Waste Recycling Facilities. The inspections must be performed
quarterly, pursuant to Part 4.1, and include, at a minimum, all areas where waste is
generated, received, stored, treated, or disposed of and that are exposed to either
precipitation or stormwater runoff.
Stormwater Discharges Associated With Industrial Activity – Sector N 101
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector N 102
8.N.6 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.N-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Chemical Oxygen Demand
(COD)
120 mg/L
Total Suspended Solids
(TSS)
100 mg/L
Total Recoverable
Aluminum
0.75 mg/L
Total Recoverable Copper
1
Hardness Dependent
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead
1
Hardness Dependent
Subsector N1. Scrap Recycling and Waste
Recycling Facilities except Source-Separated
Recycling (SIC 5093)
Total Recoverable Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments.
Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Copper
(mg/L)
Lead
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.0038 0.014 0.04
25-50 mg/L 0.0056 0.023 0.05
50-75 mg/L 0.0090 0.045 0.08
75-100 mg/L 0.0123 0.069 0.11
100-125 mg/L 0.0156 0.095 0.13
125-150 mg/L 0.0189 0.122 0.16
150-175 mg/L 0.0221 0.151 0.18
175-200 mg/L 0.0253 0.182 0.20
200-225 mg/L 0.0285 0.213 0.23
225-250 mg/L 0.0316 0.246 0.25
250+ mg/L 0.0332 0.262 0.26
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart O – Sector O – Steam Electric Generating Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.O.1 Covered Stormwater Discharges.
The requirements in Subpart O apply to stormwater discharges associated with industrial
activity from Steam Electric Power Generating Facilities as identified by the Activity Code
specified under Sector O in Table D-1 of Appendix D.
8.O.2 Industrial Activities Covered by Sector O.
This permit authorizes stormwater discharges from the following industrial activities at
Sector O facilities:
8.O.2.1 steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to
produce a steam source, including coal handling areas;
8.O.2.2 coal pile runoff, including effluent limitations established by 40 CFR Part 423; and
8.O.2.3 dual fuel facilities that could employ a steam boiler.
8.O.3 Limitations on Coverage.
8.O.3.1 Prohibition of Non-Stormwater Discharges. Non-stormwater discharges subject to
effluent limitations guidelines are not covered by this permit.
8.O.3.2 Prohibition of Stormwater Discharges. Stormwater discharges from the following are
not covered by this permit:
8.O.3.2.1 ancillary facilities (e.g., fleet centers and substations) that are not contiguous
to a stream electric power generating facility;
8.O.3.2.2 gas turbine facilities (providing the facility is not a dual-fuel facility that
includes a steam boiler), and combined-cycle facilities where no supplemental
fuel oil is burned (and the facility is not a dual-fuel facility that includes a
steam boiler); and
8.O.3.2.3 cogeneration (combined heat and power) facilities utilizing a gas turbine.
8.O.4 Additional Technology-Based Effluent Limits. The following good housekeeping
measures are required in addition to Part 2.1.2.2:
8.O.4.1 Fugitive Dust Emissions. Minimize fugitive dust emissions from coal handling areas.
To minimize the tracking of coal dust offsite, consider procedures such as installing
Stormwater Discharges Associated With Industrial Activity – Sector O 103
General Permit
specially designed tires or washing vehicles in a designated area before they leave the
site and controlling the wash water.
8.O.4.2 Delivery Vehicles. Minimize contamination of stormwater runoff from delivery vehicles
arriving at the plant site. Consider 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 or spillage from vehicles or containers.
8.O.4.3 Fuel Oil Unloading Areas. Minimize contamination of precipitation or surface runoff
from fuel oil unloading areas. Consider using containment curbs in unloading areas,
having personnel familiar with spill prevention and response procedures present during
deliveries to ensure that any leaks or spills are immediately contained and cleaned up,
and using spill and overflow protection devices (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).
8.O.4.4 Chemical Loading and Unloading. Minimize contamination of precipitation or surface
runoff from chemical loading and unloading areas. Consider using containment curbs at
chemical loading and unloading areas to contain spills, having personnel familiar with
spill prevention and response procedures present during deliveries to ensure that any
leaks or spills are immediately contained and cleaned up, and loading and unloading in
covered areas and storing chemicals indoors.
8.O.4.5 Miscellaneous Loading and Unloading Areas. Minimize contamination of precipitation
or surface runoff from loading and unloading areas. Consider covering the loading area;
grading, berming, or curbing around the loading area to divert run-on; locating the
loading and unloading equipment and vehicles so that leaks are contained in existing
containment and flow diversion systems; or equivalent procedures.
8.O.4.6 Liquid Storage Tanks. Minimize contamination of surface runoff from above-ground
liquid storage tanks. Consider protective guards around tanks, containment curbs, spill
and overflow protection, dry cleanup methods, or equivalent measures.
8.O.4.7 Large Bulk Fuel Storage Tanks. Minimize contamination of surface runoff from large
bulk fuel storage tanks. Consider containment berms (or their equivalent). You must
also comply with applicable State and Federal laws, including Spill Prevention, Control
and Countermeasure (SPCC) Plan requirements.
8.O.4.8 Spill Reduction Measures. Minimize the potential for an oil or chemical spill, or
reference the appropriate part of your SPCC plan. Visually inspect as part of your
routine facility inspection the structural integrity of all above-ground tanks, pipelines,
pumps, and related equipment that may be exposed to stormwater, and make any
necessary repairs immediately.
8.O.4.9 Oil-Bearing Equipment in Switchyards. 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.
8.O.4.10 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
Stormwater Discharges Associated With Industrial Activity – Sector O 104
General Permit
vehicles without load covering or adequate gate sealing, or with leaking containers or
beds.
8.O.4.11 Ash Loading Areas. Reduce or control the tracking of ash and residue from ash loading
areas. Clear the ash building floor and immediately adjacent roadways of spillage,
debris, and excess water before departure of each loaded vehicle.
8.O.4.12 Areas Adjacent to Disposal Ponds or Landfills. Minimize contamination of surface
runoff from areas adjacent to disposal ponds or landfills. 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.
8.O.4.13 Landfills, Scrap yards, Surface Impoundments, Open Dumps, General Refuse Sites.
Minimize the potential for contamination of runoff from these areas.
8.O.5 Additional SWPPP Requirements.
8.O.5.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP the locations
of any of the following activities or sources that may be exposed to precipitation or
surface runoff: storage tanks, scrap yards, and 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 and construction
sites; and stock pile areas (e.g., coal or limestone piles).
8.O.5.2 Documentation of Good Housekeeping Measures. You must document in your SWPPP
the good housekeeping measures implemented to meet the effluent limits in Part 8.O.4.
8.O.6 Additional Inspection Requirements.
8.O.6.1 Comprehensive Site Compliance Inspection. (See also Part 4.3) As part of your
inspection, inspect the following areas monthly: coal handling areas, loading or
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.
8.O.7 Sector-Specific Benchmarks
Table 8.O-1 identifies benchmarks that apply to the specific subsectors of Sector O.
These benchmarks apply to both your primary industrial activity and any co-located industrial
activities, which describe your site activities.
Table 8.O-1.
Subsector
(You may be subject to requirements for more than one
sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Subsector O1. Steam Electric Generating Facilities (Industrial
Activity Code “SE”)
Total Iron 1.0 mg/L
Stormwater Discharges Associated With Industrial Activity – Sector O 105
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector O 106
8.O.8 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1
of the permit.)
Table 8.O-2 identifies effluent limits that apply to the industrial activities described
below. Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other wastestreams that may be
covered under this permit.
Table 8.O-2
1
Industrial Activity Parameter Effluent Limit
TSS 50 mg/l
2
Discharges from coal storage piles at Steam Electric
Generating Facilities
pH 6.0 min - 9.0 max
1
Monitor annually.
2
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.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart P – Sector P – Land Transportation and Warehousing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.P.1 Covered Stormwater Discharges.
The requirements in Subpart P apply to stormwater discharges associated with industrial
activity from Land Transportation and Warehousing facilities as identified by the SIC Codes
specified under Sector P in Table D-1 of Appendix D of the permit.
8.P.2 Limitation on Coverage
8.P.2.1 Prohibited Discharges (see also Parts 1.1.4 and 8.P.3.6) This permit does not authorize
the discharge of vehicle/equipment/surface washwater, including tank cleaning
operations. Such discharges must be authorized under a separate NPDES permit,
discharged to a sanitary sewer in accordance with applicable industrial pretreatment
requirements, or recycled on-site.
8.P.3 Additional Technology-Based Effluent Limits.
8.P.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2) In addition to the Good
Housekeeping requirements in Part 2.1.2.2, you must do the following. Recommended
control measures are discussed as indicated:
8.P.3.1.1 Vehicle and Equipment Storage Areas. Minimize the potential for stormwater
exposure to leaky or leak-prone vehicles/equipment awaiting maintenance.
Consider the following (or other equivalent measures): 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.
8.P.3.1.2 Fueling Areas. Minimize contamination of stormwater runoff from fueling
areas. Consider the following (or other equivalent measures): Covering the
fueling area; using spill/overflow protection and cleanup equipment;
minimizing stormwater run-on/runoff to the fueling area; using dry cleanup
methods; and treating and/or recycling collected stormwater runoff.
8.P.3.1.3 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 stormwater 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 stormwater to the areas; using dry cleanup methods; and
treating and/or recycling collected stormwater runoff.
Stormwater Discharges Associated With Industrial Activity – Sector P 107
General Permit
8.P.3.1.4 Vehicle and Equipment Cleaning Areas. Minimize contamination of
stormwater 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 stormwater
drainage system); treating and/or recycling collected washwater, or other
equivalent measures.
8.P.3.1.5 Vehicle and Equipment Maintenance Areas. Minimize contamination of
stormwater 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 stormwater drainage systems; using dry cleanup
methods; treating and/or recycling collected stormwater runoff, minimizing
run on/runoff of stormwater to maintenance areas.
8.P.3.1.6 Locomotive Sanding (Loading Sand for Traction) Areas. Consider the
following (or other equivalent measures): covering sanding areas; minimizing
stormwater run on/runoff; or appropriate sediment removal practices to
minimize the offsite transport of sanding material by stormwater.
8.P.3.2 Employee Training. (See also Part 2.1.2.9) Train personnel at least once a year and
address the following activities, as applicable: used oil and spent solvent management;
fueling procedures; general good housekeeping practices; proper painting procedures;
and used battery management.
8.P.4 Additional SWPPP Requirements.
8.P.4.1 Drainage Area Site Map. (See also Part 5.1.2) Identify in the SWPPP the following
areas of the facility and indicate whether activities occurring there may be exposed to
precipitation/surface runoff: 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; and storage areas.
8.P.4.2 Potential Pollutant Sources. (See also Part 5.1.3) Assess the potential for the following
activities and facility areas to contribute pollutants to stormwater discharges: Onsite
waste storage or disposal; dirt/gravel parking areas for vehicles awaiting maintenance;
illicit plumbing connections between shop floor drains and the stormwater conveyance
system(s); and fueling areas. Describe these activities in the SWPPP.
8.P.4.3 Description of Good Housekeeping Measures. You must document in your SWPPP the
good housekeeping measures you implement consistent with Part 8.P.3.
8.P.4.4 Vehicle and Equipment Washwater Requirements. If applicable, 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
Stormwater Discharges Associated With Industrial Activity – Sector P 108
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector P 109
industrial user permit is issued under a local pretreatment program, attach a copy to
your SWPPP. In any case, implement all non-stormwater discharge 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.
8.P.5 Additional Inspection Requirements. (See also Part 4.1) 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.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Q – Sector Q – Water Transportation.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Q.1 Covered Stormwater Discharges.
The requirements in Subpart Q apply to stormwater discharges associated with industrial
activity from Water Transportation facilities as identified by the SIC Codes specified under
Sector Q in Table D-1 of Appendix D of the permit.
8.Q.2 Limitations on Coverage.
8.Q.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this
permit: bilge and ballast water, sanitary wastes, pressure wash water, and cooling water
originating from vessels.
8.Q.3 Additional Technology-Based Effluent Limits.
8.Q.3.1 Good Housekeeping Measures. You must implement the following good housekeeping
measures in addition to the requirements of part 2.1.2.2:
8.Q.3.1.1 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. Collect or contain the discharges from the pressures washing area so
that they are not co-mingled with stormwater discharges authorized by this
permit.
8.Q.3.1.2 Blasting and Painting Area. Minimize the potential for spent abrasives, paint
chips, and overspray to discharge into receiving waters or the storm sewer
systems. Consider containing all blasting and painting activities or use other
measures to minimize the discharge of contaminants (e.g., hanging plastic
barriers or tarpaulins during blasting or painting operations to contain debris).
When necessary, regularly clean stormwater conveyances of deposits of
abrasive blasting debris and paint chips.
8.Q.3.1.3 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. Minimize the contamination of precipitation
or 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.
Stormwater Discharges Associated With Industrial Activity – Sector Q 110
General Permit
8.Q.3.1.4 Engine Maintenance and Repair Areas. Minimize the contamination of
precipitation or 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 stormwater runoff collected from the
maintenance area.
8.Q.3.1.5 Material Handling Area. Minimize the contamination of precipitation or
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 and overflow protection, mixing paints and solvents in a designated area
(preferably indoors or under a shed), and minimizing runoff of stormwater to
material handling areas.
8.Q.3.1.6 Drydock Activities. Routinely maintain and clean the drydock to minimize
pollutants in stormwater 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, and
fuel spills occurring on the drydock. Consider the following (or their
equivalents): sweeping rather than hosing off debris and spent blasting
material from accessible areas of the drydock prior to flooding and making
absorbent materials and oil containment booms readily available to clean up or
contain any spills.
8.Q.3.2 Employee Training. (See also Part 2.1.2.9) 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.
8.Q.3.3 Preventive Maintenance. (See also Part 2.1.2.3) As part of your preventive maintenance
program, perform timely inspection and maintenance of stormwater management
devices (e.g., cleaning oil and 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.
8.Q.4 Additional SWPPP Requirements.
8.Q.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: fueling; engine
maintenance and repair; vessel maintenance and repair; pressure washing; painting;
sanding; blasting; welding; metal fabrication; loading and unloading areas; locations
used for the treatment, storage, or disposal of wastes; liquid storage tanks; liquid
Stormwater Discharges Associated With Industrial Activity – Sector Q 111
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector Q 112
storage areas (e.g., paint, solvents, resins); and material storage areas (e.g., blasting
media, aluminum, steel, scrap iron).
8.Q.4.2 Summary of Potential Pollutant Sources. (See also Part 5.1.3) Document in the SWPPP
the following additional sources and activities that have potential pollutants associated
with them: outdoor manufacturing or processing activities (e.g., welding, metal
fabricating) and significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, and painting.)
8.Q.5 Additional Inspection Requirements.
(See also Part 4.1) Include the following in all quarterly routine facility inspections:
pressure washing area; blasting, sanding, and painting areas; material storage areas; engine
maintenance and repair areas; material handling areas; drydock area; and general yard area.
8.Q.6 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.Q-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Total Lead
1
Hardness Dependent
Subsector Q1. Water Transportation
Facilities
(SIC 4412-4499)
Total Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L
increments. Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Lead
(mg/L)
Zinc
(mg/L)
0-25 mg/L 0.014 0.04
25-50 mg/L 0.023 0.05
50-75 mg/L 0.045 0.08
75-100 mg/L 0.069 0.11
100-125 mg/L 0.095 0.13
125-150 mg/L 0.122 0.16
150-175 mg/L 0.151 0.18
175-200 mg/L 0.182 0.20
200-225 mg/L 0.213 0.23
225-250 mg/L 0.246 0.25
250+ mg/L 0.262 0.26
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart R – Sector R – Ship and Boat Building and Repair Yards.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.R.1 Covered Stormwater Discharges.
The requirements in Subpart R apply to stormwater discharges associated with industrial
activity from Ship and Boat Building and Repair Yards as identified by the SIC Codes specified
under Sector R in Table D-1 of Appendix D of the permit.
8.R.2 Limitations on Coverage.
8.R.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Discharges containing
bilge and ballast water, sanitary wastes, pressure wash water, and cooling water
originating from vessels are not covered by this permit.
8.R.3 Additional Technology-Based Effluent Limits.
8.R.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.R.3.1.1 Pressure Washing Area. If pressure washing is used to remove marine growth
from vessels, the discharged water must be permitted as a process wastewater
by a separate NPDES permit.
8.R.3.1.2 Blasting and Painting Area. Minimize the potential for spent abrasives, paint
chips, and overspray to discharging into the receiving water or the storm sewer
systems. Consider containing all blasting and 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).
When necessary, regularly clean stormwater conveyances of deposits of
abrasive blasting debris and paint chips.
8.R.3.1.3 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. Minimize the contamination of precipitation
or surface runoff from the storage areas. 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.
8.R.3.1.4 Engine Maintenance and Repair Areas. Minimize the contamination of
precipitation or 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
Stormwater Discharges Associated With Industrial Activity – Sector R 113
General Permit
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 stormwater runoff collected from the
maintenance area.
8.R.3.1.5 Material Handling Area. Minimize the contamination of precipitation or
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 and overflow protection, mixing paints and solvents in a designated area
(preferably indoors or under a shed), and minimizing stormwater run-on to
material handling areas.
8.R.3.1.6 Drydock Activities. Routinely maintain and clean the drydock to minimize
pollutants in stormwater runoff. Clean 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 and spent blasting material from accessible areas of the
drydock prior to flooding, and having absorbent materials and oil containment
booms readily available to clean up and contain any spills.
8.R.3.2 Employee Training. (See also Part 2.1.2.9) 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.
8.R.3.4 Preventive Maintenance. (See also Part 2.1.2.3) As part of your preventive maintenance
program, perform timely inspection and maintenance of stormwater management
devices (e.g., cleaning oil and 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.
8.R.4 Additional SWPPP Requirements.
8.R.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: fueling; engine
maintenance or repair; vessel maintenance or repair; pressure washing; painting;
sanding; blasting; welding; metal fabrication; loading and unloading areas; treatment,
storage, and waste disposal areas; liquid storage tanks; liquid storage areas (e.g., paint,
solvents, resins); and material storage areas (e.g., blasting media, aluminum, steel, scrap
iron).
8.R.4.2 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP the
following additional sources and activities that have potential pollutants associated with
them (if applicable): outdoor manufacturing or processing activities (e.g., welding,
Stormwater Discharges Associated With Industrial Activity – Sector R 114
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector R 115
metal fabricating) and significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, and painting).
8.R.4.3 Documentation of Good Housekeeping Measures. Document in your SWPPP any good
housekeeping measures implemented to meet the effluent limits in Part 8.R.3.
8.R.4.3.1 Blasting and Painting Areas. Document in the SWPPP any standard operating
practices relating to blasting and painting (e.g., prohibiting uncontained
blasting and painting over open water or prohibiting blasting and painting
during windy conditions, which can render containment ineffective).
8.R.4.3.2 Storage Areas. Specify in your SWPPP which materials are stored indoors,
and consider containment or enclosure for those stored outdoors.
8.R.5 Additional Inspection Requirements.
(See also Part 4.1) Include the following in all quarterly routine facility inspections:
pressure washing area; blasting, sanding, and painting areas; material storage areas; engine
maintenance and repair areas; material handling areas; drydock area; and general yard area.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart S – Sector S – Air Transportation.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.S.1 Covered Stormwater Discharges.
The requirements in Subpart S apply to stormwater discharges associated with industrial
activity from Air Transportation facilities identified by the SIC Codes specified under Sector S in
Table D-1 of Appendix D of the permit.
8.S.2 Limitation on Coverage
8.S.2.1 Limitations on Coverage. This permit authorizes stormwater discharges from only those
portions of the air transportation facility that are involved in vehicle maintenance
(including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations or deicing operations.
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.
8.S.2.2 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4 and Part 8.S.3) This
permit does not authorize the discharge of aircraft, ground vehicle, runway and
equipment washwaters; nor the dry weather discharge of deicing chemicals. Such
discharges must be covered by separate NPDES permit(s). Note that a discharge
resulting from snowmelt is not a dry weather discharge.
8.S.3 Additional Technology-Based Effluent Limits.
8.S.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.S.3.1.1 Aircraft, Ground Vehicle and Equipment Maintenance Areas. Minimize the
contamination of stormwater 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; prohibiting the practice of hosing down the
apron or hanger floor; using dry cleanup methods; and collecting the
stormwater runoff from the maintenance area and providing treatment or
recycling.
8.S.3.1.2 Aircraft, Ground Vehicle and Equipment Cleaning Areas. (See also Part
8.S.3.6) Clearly demarcate these areas on the ground using signage or other
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General Permit
appropriate means. Minimize the contamination of stormwater runoff from
cleaning areas.
8.S.3.1.3 Aircraft, Ground Vehicle and Equipment Storage Areas. Store all aircraft,
ground vehicles and equipment awaiting maintenance in designated areas only
and minimize the contamination of stormwater runoff from these storage
areas. Consider the following control measures, including any 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.
8.S.3.1.4 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 stormwater. Also plainly
label the vessels (e.g., “used oil,” “Contaminated Jet A,” etc.). Minimize
contamination of precipitation/runoff from these areas. Consider the following
control measures (or their equivalents): storing materials indoors; storing
waste materials in a centralized location; and installing berms/dikes around
storage areas.
8.S.3.1.5 Airport Fuel System and Fueling Areas. 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 control measures (or their equivalents): implementing spill and
overflow practices (e.g., placing absorptive materials beneath aircraft during
fueling operations); using only dry cleanup methods; and collecting
stormwater runoff.
8.S.3.1.6 Source Reduction. Minimize, and where feasible eliminate, the use of urea
and glycol-based deicing chemicals, in order 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; and anhydrous sodium
acetate.
8.S.3.1.6.1 Runway Deicing Operation: Minimize contamination of
stormwater runoff from runways as a result of deicing operations.
Evaluate whether over-application of deicing chemicals occurs by
analyzing application rates, and adjust as necessary, consistent
with considerations of flight safety. Also consider these control
measure 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.
8.S.3.1.6.2 Aircraft Deicing Operations. Minimize contamination of
stormwater runoff from aircraft deicing operations. Determine
whether excessive application of deicing chemicals occurs and
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adjust as necessary, consistent with considerations of flight safety.
This evaluation should be carried out by the personnel most
familiar with the particular aircraft and flight operations in
question (versus 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 control measure 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, and thermal blankets for MD-80s and DC-9s. Also
consider using ice-detection systems and airport traffic flow
strategies and departure slot allocation systems.
8.S.3.1.7 Management of Runoff. (See also 2.1.2.6) Where deicing operations occur,
implement a program to control or manage contaminated runoff to minimize
the amount of pollutants being discharged from the site. Consider these
control measure options (or their equivalents): a dedicated deicing facility
with a runoff collection/ recovery system; using vacuum/collection trucks;
storing contaminated stormwater/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 stormwater contamination. Used deicing fluid
should be recycled whenever possible.
8.S.3.2 Deicing Season. You must determine the seasonal timeframe (e.g., December-
February, October - March, etc.) during which deicing activities typically occur at the
facility. Implementation of control measures, including any BMPs, facility inspections
and monitoring must be conducted with particular emphasis throughout the defined
deicing season. If you meet the deicing chemical usage thresholds of 100,000 gallons
glycol and/or 100 tons of urea, the deicing season you identified is the timeframe during
which you must obtain the four required benchmark monitoring event results for
deicing-related parameters, i.e., BOD, COD, ammonia and pH. See also Part 8.S.6.
8.S.4 Additional SWPPP Requirements.
An airport authority and tenants of the airport are encouraged to work in partnership in
the development of a SWPPP. If an airport tenant obtains authorization under this permit and
develops a SWPPP for discharges from his own areas of the airport, prior to authorization, that
SWPPP must be coordinated and integrated with the SWPPP for the entire airport. Tenants of the
airport facility include air passenger or cargo companies, fixed based operators and other parties
Stormwater Discharges Associated With Industrial Activity – Sector S 118
General Permit
who have contracts with the airport authority to conduct business operations on airport property
and whose operations result in stormwater discharges associated with industrial activity.
8.S.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in the SWPPP the following
areas of the facility and indicate whether activities occurring there 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.
8.S.4.2 Potential Pollutant Sources. (See also Part 5.1.3) In your inventory of exposed
materials, describe in your SWPPP the potential for the following activities and facility
areas to contribute pollutants to stormwater discharges: 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 with any comprehensive airport SWPPPs.
8.S.4.3 Vehicle and Equipment Washwater Requirements. 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 local pretreatment program, include a copy in your
SWPPP. In any case, if you are subject to another permit, describe your control
measures for implementing all non-stormwater discharge permit conditions or
pretreatment requirements in your SWPPP. If washwater is handled in another manner
(e.g., hauled offsite, retained onsite), describe the disposal method and attach all
pertinent documentation/information (e.g., frequency, volume, destination, etc.) in your
SWPPP.
8.S.4.4 Documentation of Control Measures Used for Management of Runoff: Document in
your SWPPP the control measures used for collecting or containing contaminated melt
water from collection areas used for disposal of contaminated snow.
8.S.5 Additional Inspection Requirements.
8.S.5.1 Inspections. (See also Part 4.1) At a minimum conduct routine facility inspections at
least 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.
The Director may specifically require you to increase inspection frequencies.
8.S.5.2 Comprehensive Site Inspections. (See also Part 4.3) Using only qualified personnel,
conduct your annual site inspection during periods of actual deicing operations, if
possible. If not practicable during active deicing because of weather, conduct the
Stormwater Discharges Associated With Industrial Activity – Sector S 119
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector S 120
inspection during the season when deicing operations occur and the materials and
equipment for deicing are in place.
8.S.6 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Monitor per the requirements in Table 8.S-1.
Table 8.S-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Parameter
Benchmark
Monitoring
Concentration
Biochemical Oxygen Demand
(BOD
5
)
1
30 mg/L
Chemical Oxygen Demand
(COD)
1
120 mg/L
Ammonia
1
2.14 mg/L
For airports where a single permittee, or a
combination of permitted facilities use more than
100,000 gallons of glycol-based deicing
chemicals and/or 100 tons or more of urea on an
average annual basis, monitor the first four
parameters in ONLY those outfalls that collect
runoff from areas where deicing activities occur
(SIC 4512-4581).
pH
1
6.0 - 9.0 s.u.
1
These are deicing-related parameters. Collect the four benchmark samples, and any required follow-up benchmark
samples, during the timeframe defined in Part 8.S.3.2 when deicing activities are occurring.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart T – Sector T – Treatment Works.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.T.1 Covered Stormwater Discharges.
The requirements in Subpart T apply to stormwater discharges associated with industrial
activity from Treatment Works as identified by the Activity Code specified under Sector T in
Table D-1 of Appendix D of the permit.
8.T.2 Industrial Activities Covered by Sector T.
The requirements listed under this part apply to all existing point source stormwater
discharges associated with the following activities:
8.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 or domestic sewage, including land dedicated to the disposal of sewage
sludge; that are located within the confines of a facility with a design flow of 1.0
million gallons per day (MGD) or more; or are required to have an approved
pretreatment program under 40 CFR Part 403.
8.T.2.2 The following are 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.
8.T.3 Limitations on Coverage.
8.T.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Sanitary and industrial
wastewater and equipment and vehicle washwater are not authorized by this permit.
8.T.4 Additional Technology-Based Effluent Limits.
8.T.4.1 Control Measures. (See also the non-numeric effluent limits in Part 2.1.2) In addition to
the other control measures, consider the following: routing stormwater 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; and septage or hauled waste receiving station).
8.T.4.2 Employee Training. (See also Part 2.1.2.9) At a minimum, training must address the
following areas when applicable to a facility: petroleum product management; process
chemical management; spill prevention and controls; fueling procedures; general good
Stormwater Discharges Associated With Industrial Activity – Sector T 121
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector T 122
housekeeping practices; and proper procedures for using fertilizer, herbicides, and
pesticides.
8.T.5 Additional SWPPP Requirements.
8.T.5.1 Site Map. (See also Part 5.1.2) Document in your SWPPP where any of the following
may be exposed to precipitation or 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.
8.T.5.2 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP 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 and rail lines.
8.T.5.3 Wastewater and Washwater Requirements. Keep a copy of all your current NPDES
permits issued for wastewater and industrial, vehicle and equipment washwater
discharges or, if an NPDES permit has not yet been issued, a copy of the pending
application(s) with your SWPPP. If the washwater is handled in another manner, the
disposal method must be described and all pertinent documentation must be retained
onsite.
8.T.6 Additional Inspection Requirements.
(See also Part 4.1) Include the following areas in all inspections: access roads and rail
lines; grit, screenings, and other solids handling, storage, or disposal areas; sludge drying beds;
dried sludge piles; compost piles; and septage or hauled waste receiving station.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart U – Sector U – Food and Kindred Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.U.1 Covered Stormwater Discharges.
The requirements in Subpart U apply to stormwater discharges associated with industrial
activity from Food and Kindred Products facilities as identified by the SIC Codes specified in
Table D-1 of Appendix D of the permit.
8.U.2 Limitations on Coverage.
8.U.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following
discharges are not authorized by this permit: discharges containing boiler blowdown,
cooling tower overflow and blowdown, ammonia refrigeration purging, and vehicle
washing and clean-out operations.
8.U.3 Additional Technology-Based Limitations.
8.U.3.1 Employee Training. (See also Part 2.1.2.9) Address pest control in your employee
training program.
8.U.4 Additional SWPPP Requirements.
8.U.4.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP the locations
of the following activities if they are exposed to precipitation or runoff: vents and stacks
from cooking, drying, and similar operations; dry product vacuum transfer lines; animal
holding pens; spoiled product; and broken product container storage areas.
8.U.4.2 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP, in
addition to food and kindred products processing-related industrial activities,
application and storage of pest control chemicals (e.g., rodenticides, insecticides,
fungicides) used on plant grounds.
8.U.5 Additional Inspection Requirements.
(See also Part 4.1) Inspect on a quarterly basis, at a minimum, the following areas where
the potential for exposure to stormwater 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.
Stormwater Discharges Associated With Industrial Activity – Sector U 123
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector U 124
8.U.6 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.U-1.
Subsector
(You may be subject to requirements
for more than one Sector / Subsector)
Parameter
Benchmark
Monitoring
Concentration
Subsector U1. Grain Mill Products
(SIC 2041-2048)
Total Suspended Solids (TSS) 100 mg/L
Biochemical Oxygen Demand
(BOD
5
)
30 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Subsector U2. Fats and Oils Products
(SIC 2074-2079)
Total Suspended Solids (TSS) 100 mg/L
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart V – Sector V – Textile Mills, Apparel, and Other Fabric Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.V.1 Covered Stormwater Discharges.
The requirements in Subpart V apply to stormwater discharges associated with industrial
activity from Textile Mills, Apparel, and Other Fabric Product manufacturing as identified by the
SIC Codes specified under Sector V in Table D-1 of Appendix D of the permit.
8.V.2 Limitations on Coverage.
8.V.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are 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 or 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.
8.V.3 Additional Technology-Based Limitations.
8.V.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.V.3.1.1 Material Storage Areas. Plainly label and store all containerized materials
(e.g., fuels, petroleum products, solvents, and dyes) in a protected area, away
from drains. Minimize contamination of the stormwater runoff from such
storage areas. Also consider an inventory control plan to prevent excessive
purchasing of potentially hazardous substances. For storing empty chemical
drums or containers, ensure that the drums and containers are clean (consider
triple-rinsing) and that there is no contact of residuals with precipitation or
runoff. Collect and dispose of washwater from these cleanings properly.
8.V.3.1.2 Material Handling Areas. Minimize contamination of stormwater runoff from
material handling operations and areas. Consider the following (or their
equivalents): use of spill and overflow protection; covering fueling areas; and
covering or enclosing areas where the transfer of material may occur. When
applicable, address the replacement or repair of leaking connections, valves,
transfer lines, and pipes that may carry chemicals, dyes, or wastewater.
8.V.3.1.3 Fueling Areas. Minimize contamination of stormwater runoff from fueling
areas. Consider the following (or their equivalents): covering the fueling area,
using spill and overflow protection, minimizing run-on of stormwater to the
fueling areas, using dry cleanup methods, and treating and/or recycling
stormwater runoff collected from the fueling area.
Stormwater Discharges Associated With Industrial Activity – Sector V 125
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector V 126
8.V.3.1.4 Above-Ground Storage Tank Area. Minimize contamination of the stormwater
runoff from above-ground storage tank areas, including the associated piping
and valves. Consider the following (or their equivalents): regular cleanup of
these areas; including measures for tanks, piping and valves explicitly in your
SPCC program; minimizing runoff of stormwater from adjacent areas;
restricting access to the area; inserting filters in adjacent catch basins;
providing absorbent booms in unbermed fueling areas; using dry cleanup
methods; and permanently sealing drains within critical areas that may
discharge to a storm drain.
8.V.3.2 Employee Training. (See also Part 2.1.2.9) As part of your employee training program,
address, at a minimum, the following activities (as applicable): use of reused and
recycled waters, solvents management, proper disposal of dyes, proper disposal of
petroleum products and spent lubricants, spill prevention and control, fueling
procedures, and general good housekeeping practices.
8.V.4 Additional SWPPP Requirements.
8.V.4.1 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP the
following additional sources and activities that have potential pollutants associated with
them: industry-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).
8.V.4.2 Description of Good Housekeeping Measures for Material Storage Areas. Document in
the SWPPP your containment area or enclosure for materials stored outdoors in
connection with Part 8.V.3.1.1 above.
8.V.5 Additional Inspection Requirements.
(See also Part 4.1) Inspect, at least monthly, the following activities and areas (at a
minimum): transfer and transmission lines, spill prevention, good housekeeping practices,
management of process waste products, and all structural and nonstructural management
practices.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart W – Sector W – Furniture and Fixtures.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.W.1 Covered Stormwater Discharges.
The requirements in Subpart W apply to stormwater discharges associated with industrial
activity from Furniture and Fixtures facilities as identified by the SIC Codes specified under
Sector W in Table D-1 of Appendix D of the permit.
8.W.2 Additional SWPPP Requirements.
8.W.2.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or 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 of; access
roads; and rail spurs.
Stormwater Discharges Associated With Industrial Activity – Sector W 127
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart X – Sector X – Printing and Publishing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.X.1 Covered Stormwater Discharges.
The requirements in Subpart X apply to stormwater discharges associated with industrial
activity from Printing and Publishing facilities as identified by the SIC Codes specified under
Sector X in Table D-1 of Appendix D of the permit.
8.X.2 Additional Technology-Based Effluent Limits.
8.X.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.X.2.1.1 Material Storage Areas. Plainly label and store all containerized materials
(e.g., skids, pallets, solvents, bulk inks, hazardous waste, empty drums,
portable and mobile containers of plant debris, wood crates, steel racks, and
fuel oil) in a protected area, away from drains. Minimize contamination of the
stormwater runoff from such storage areas. Also consider an inventory control
plan to prevent excessive purchasing of potentially hazardous substances.
8.X.2.1.2 Material Handling Area. Minimize contamination of stormwater runoff from
material handling operations and areas (e.g., blanket wash, mixing solvents,
loading and unloading materials). Consider the following (or their
equivalents): using spill and overflow protection, covering fueling areas, and
covering or enclosing areas where the transfer of materials may occur. When
applicable, address the replacement or repair of leaking connections, valves,
transfer lines, and pipes that may carry chemicals or wastewater.
8.X.2.1.3 Fueling Areas. Minimize contamination of stormwater runoff from fueling
areas. Consider the following (or their equivalents): covering the fueling area,
using spill and overflow protection, minimizing runoff of stormwater to the
fueling areas, using dry cleanup methods, and treating and/or recycling
stormwater runoff collected from the fueling area.
8.X.2.1.4 Above Ground Storage Tank Area. Minimize contamination of the stormwater
runoff from above-ground storage tank areas, including the associated piping
and valves. Consider the following (or their equivalents): regularly cleaning
these areas, explicitly addressing tanks, piping and valves in the SPCC
program, minimizing stormwater runoff from adjacent areas, restricting access
to the area, inserting filters in adjacent catch basins, providing absorbent
booms in unbermed fueling areas, using dry cleanup methods, and
permanently sealing drains within critical areas that may discharge to a storm
drain.
Stormwater Discharges Associated With Industrial Activity – Sector X 128
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector X 129
8.X.2.2 Employee Training. (See also Part 2.1.2.9) 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.
8.X.3 Additional SWPPP Requirements.
8.X.3.1 Description of Good Housekeeping Measures for Material Storage Areas. In
connection with Part 8.X.2.1.1, describe in the SWPPP the containment area or
enclosure for materials stored outdoors.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Y – Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Y.1 Covered Stormwater Discharges.
The requirements in Subpart Y apply to stormwater discharges associated with industrial
activity from Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing
Industries facilities as identified by the SIC Codes specified under Sector Y in Table D-1 of
Appendix D of the permit.
8.Y.2 Additional Technology-Based Effluent Limits.
8.Y.2.1 Controls for Rubber Manufacturers. (See also Part 2.1.2) Minimize the discharge of
zinc in your stormwater discharges. Parts 8.Y.2.1.1 to 8.Y.2.1.5 give possible sources of
zinc to be reviewed and list some specific control measures to be considered for
implementation (or their equivalents). Following are some general control measure
options to consider: using chemicals purchased in pre-weighed, sealed polyethylene
bags; storing in-use materials 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.
8.Y.2.1.1 Zinc Bags. Ensure proper handling and storage of zinc bags at your facility.
Following are some control measure options: employee training on the
handling and storage of zinc bags, indoor storage of zinc bags, cleanup of zinc
spills without washing the zinc into the storm drain, and the use of 2,500-
pound sacks of zinc rather than 50- to 100-pound sacks.
8.Y.2.1.2 Dumpsters. Minimize discharges of zinc from dumpsters. Following are some
control measure options: covering the dumpster, moving the dumpster
indoors, or providing a lining for the dumpster.
8.Y.2.1.3 Dust Collectors and Baghouses. Minimize contributions of zinc to stormwater
from dust collectors and baghouses. Replace or repair, as appropriate,
improperly operating dust collectors and baghouses.
8.Y.2.1.4 Grinding Operations. Minimize contamination of stormwater as a result of
dust generation from rubber grinding operations. One control measure option
is to install a dust collection system.
8.Y.2.1.5 Zinc Stearate Coating Operations. Minimize the potential for stormwater
contamination from drips and spills of zinc stearate slurry that may be released
Stormwater Discharges Associated With Industrial Activity – Sector Y 130
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector Y 131
to the storm drain. One control measure option is to use alternative
compounds to zinc stearate.
8.Y.2.2 Controls for Plastic Products Manufacturers. Minimize the discharge of plastic resin
pellets in your stormwater discharges. Control measures to be considered for
implementation (or their equivalents) include minimizing spills, cleaning up of spills
promptly and thoroughly, sweeping thoroughly, pellet capturing, employee education,
and disposal precautions.
8.Y.3 Additional SWPPP Requirements.
8.Y.3.1 Potential Pollutant Sources for Rubber Manufacturers. (See also Part 5.1.3) Document
in your SWPPP the use of zinc at your facility and the possible pathways through which
zinc may be discharged in stormwater runoff.
8.Y.4 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.Y-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Subsector Y1. Rubber Products Manufacturing
(SIC 3011, 3021, 3052, 3053, 3061, 3069)
Total Zinc
1
Hardness Dependent
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving
Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the
applicable ‘hardness range’ for determining their benchmark value applicable to their facility. The ranges
occur in 25 mg/L increments. Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Zinc
(mg/L)
0-25 mg/L 0.04
25-50 mg/L 0.05
50-75 mg/L 0.08
75-100 mg/L 0.11
100-125 mg/L 0.13
125-150 mg/L 0.16
150-175 mg/L 0.18
175-200 mg/L 0.20
200-225 mg/L 0.23
225-250 mg/L 0.25
250+ mg/L 0.26
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Z – Sector Z – Leather Tanning and Finishing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Z.1 Covered Stormwater Discharges.
The requirements in Subpart Z apply to stormwater discharges associated with industrial
activity from Leather Tanning and Finishing facilities as identified by the SIC Code specified
under Sector Z in Table D-1 of Appendix D of the permit.
8.Z.2 Additional Technology-Based Effluent Limits.
8.Z.2.3 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.Z.2.3.1 Storage Areas for Raw, Semiprocessed, or Finished Tannery By-products.
Minimize contamination of stormwater runoff from pallets and bales of raw,
semiprocessed, or finished tannery by-products (e.g., splits, trimmings,
shavings). Consider indoor storage or protection with 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 stormwater run-on and runoff.
8.Z.2.3.2 Material Storage Areas. Label storage containers of all materials (e.g., specific
chemicals, hazardous materials, spent solvents, waste materials) minimize
contact of such materials with stormwater.
8.Z.2.3.3 Buffing and Shaving Areas. Minimize contamination of stormwater runoff
with leather dust from buffing and shaving areas. Consider dust collection
enclosures, preventive inspection and maintenance programs, or other
appropriate preventive measures.
8.Z.2.3.4 Receiving, Unloading, and Storage Areas. Minimize contamination of
stormwater runoff from receiving, unloading, and storage areas. If these areas
are exposed, consider the following (or their equivalents): covering all hides
and chemical supplies, diverting drainage to the process sewer, or grade
berming or curbing the area to prevent stormwater runoff.
8.Z.2.3.5 Outdoor Storage of Contaminated Equipment. Minimize contact of
stormwater with contaminated equipment. Consider the following (or their
equivalents): covering equipment, diverting drainage to the process sewer, and
cleaning thoroughly prior to storage.
8.Z.2.3.6 Waste Management. Minimize contamination of stormwater runoff from waste
storage areas. Consider the following (or their equivalents): covering
Stormwater Discharges Associated With Industrial Activity – Sector Z 132
General Permit
Stormwater Discharges Associated With Industrial Activity – Sector Z 133
dumpsters, moving waste management activities indoors, covering waste piles
with temporary covering material such as tarpaulins or polyethylene, and
minimizing stormwater runoff by enclosing the area or building berms around
the area.
8.Z.3 Additional SWPPP Requirements.
8.Z.3.1 Drainage Area Site Map. (See also Part 5.1.2) Identify in your SWPPP where any of the
following may be exposed to precipitation or surface runoff: processing and storage
areas of the beamhouse, tanyard, and re-tan wet finishing and dry finishing operations.
8.Z.3.2 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP the
following 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.
General Permit
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AA – Sector AA – Fabricated Metal Products
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and
any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AA.1 Covered Stormwater Discharges.
The requirements in Subpart AA apply to stormwater discharges associated with
industrial activity from Fabricated Metal Products facilities as identified by the SIC Codes
specified under Sector AA in Table D-1 of Appendix D of the permit.
8.AA.2 Additional Technology-Based Effluent Limits.
8.AA.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.AA.2.1.1 Raw Steel Handling Storage. Minimize the generation of and/or recover and
properly manage scrap metals, fines, and iron dust. Include measures for
containing materials within storage handling areas.
8.AA.2.1.2 Paints and Painting Equipment. Minimize exposure of paint and painting
equipment to stormwater.
8.AA.2.2 Spill Prevention and Response Procedures. (See also Part 2.1.2.4) Ensure that the
necessary equipment to implement a cleanup is available to personnel. The following
areas should be addressed
8.AA.2.2.1 Metal Fabricating Areas. Maintain clean, dry, orderly conditions in these
areas. Consider using dry clean-up techniques.
8.AA.2.2.2 Storage Areas for Raw Metal. Keep these areas free of conditions that could
cause, or impede appropriate and timely response to, spills or leakage of
materials. Consider the following (or their equivalents): maintaining storage
areas so that there is easy access in the event of a spill, and labeling stored
materials to aid in identifying spill contents.
8.AA.2.2.3 Metal Working Fluid Storage Areas. Minimize the potential for stormwater
contamination from storage areas for metal working fluids.
8.AA.2.2.4 Cleaners and Rinse Water. Control and clean up 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.
8.AA.2.2.5 Lubricating Oil and Hydraulic Fluid Operations. Minimize the potential for
stormwater contamination from lubricating oil and hydraulic fluid operations.
Consider using monitoring equipment or other devices to detect and control
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leaks and overflows. Consider installing perimeter controls such as dikes,
curbs, grass filter strips, or equivalent measures.
8.AA.2.2.6 Chemical Storage Areas. Minimize stormwater contamination and accidental
spillage in chemical storage areas. Include a program to inspect containers and
identify proper disposal methods.
8.AA.2.3 Spills and Leaks. (See also Part 5.1.3.3) In your spill prevention and response
procedures, required by Part 2.1.2.4, 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.
8.AA.3 Additional SWPPP Requirements.
8.AA.3.1 Drainage Area Site Map. (See also Part 5.1.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: raw metal storage
areas; finished metal storage areas; scrap disposal collection sites; equipment storage
areas; retention and detention basins; temporary and permanent diversion dikes or
berms; right-of-way or perimeter diversion devices; sediment traps and barriers;
processing areas, including outside painting areas; wood preparation; recycling; and
raw material storage.
8.AA.3.2 Potential Pollutant Sources. (See also Part 5.1.3) Document in your SWPPP 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 cobs,
chemicals, and scrap metals; outdoor manufacturing or processing activities such as
grinding, cutting, degreasing, buffing, and brazing; onsite waste disposal practices for
spent solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste
piles.
8.AA.4 Additional Inspection Requirements
8.AA.4.1 Inspections. (See also Part 4) At a minimum, include 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, and vehicle fueling and maintenance areas.
8.AA.4.2 Comprehensive Site Inspections. (See also Part 4.3) As part of your inspection, also
inspect areas associated with the storage of raw metals, spent solvents and chemicals
storage areas, outdoor paint areas, and drainage from roof. Potential pollutants include
chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl
ketone, steel, and related materials.
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8.AA.5 Sector-Specific Benchmarks. (See also Part 6 of the permit.)
Table 8.AA-1
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Total Zinc
1
Hardness Dependent
Subsector AA1. Fabricated Metal
Products, except Coating (SIC 3411-3499;
3911-3915)
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Total Zinc
1
Hardness Dependent Subsector AA2. Fabricated Metal Coating
and Engraving (SIC 3479)
Nitrate plus Nitrite Nitrogen 0.68 mg/L
1
The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must
determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L
increments. Hardness Dependent Benchmarks follow in the table below:
Water Hardness Range
Zinc (mg/L)
0-25 mg/L 0.04
25-50 mg/L 0.05
50-75 mg/L 0.08
75-100 mg/L 0.11
100-125 mg/L 0.13
125-150 mg/L 0.16
150-175 mg/L 0.18
175-200 mg/L 0.20
200-225 mg/L 0.23
225-250 mg/L 0.25
250+ mg/L 0.26
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AB – Sector AB – Transportation Equipment, Industrial or Commercial
Machinery Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AB.1 Covered Stormwater Discharges.
The requirements in Subpart AB apply to stormwater discharges associated with
industrial activity from Transportation Equipment, Industrial or Commercial Machinery facilities
as identified by the SIC Codes specified under Sector AB in Table D-1 of Appendix D of the
permit.
8.AB.2 Additional SWPPP Requirements.
8.AB.2.1 Drainage Area Site Map. (See also Part 5.1.2) Identify in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: vents and stacks from
metal processing and similar operations.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AC– Sector AC –Electronic and Electrical Equipment and Components,
Photographic and Optical Goods.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AC.1 Covered Stormwater Discharges.
The requirements in Subpart AC apply to stormwater discharges associated with
industrial activity from facilities that manufacture Electronic and Electrical Equipment and
Components, Photographic and Optical goods as identified by the SIC Codes specified in Table
D-1 of Appendix D of the permit.
8.AC.2 Additional Requirements.
No additional sector-specific requirements apply.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AD – Sector AD – Stormwater Discharges Designated by the Director as
Requiring Permits.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sector-
specific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AD.1 Covered Stormwater Discharges.
Sector AD is used to provide permit coverage for facilities designated by the Director as
needing a stormwater permit, and any discharges of stormwater associated with industrial
activity that do not meet the description of an industrial activity covered by Sectors A-AC.
8.AD.1.1 Eligibility for Permit Coverage. Because this sector is primarily intended for use by
discharges designated by the Director as needing a stormwater permit (which is an
atypical circumstance), and your facility may or may not normally be discharging
stormwater associated with industrial activity, you must obtain the Director’s written
permission to use this permit prior to submitting an NOI. If you are authorized to use
this permit, you will still be required to ensure that your discharges meet the basic
eligibility provisions of this permit at Part 1.2.
8.AD.2 Sector-Specific Benchmarks and Effluent Limits. (See also Part 6 of the permit.)
The Director will establish any additional monitoring and reporting requirements for your
facility prior to authorizing you to be covered by this permit. Additional monitoring requirements
would be based on the nature of activities at your facility and your stormwater discharges.
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9. Permit Conditions Applicable to Specific States, Indian Country Lands, or
Territories
9.1 Region 1
9.1.1 CTR05000I: Indian Country lands within the State of Connecticut
No additional requirements.
9.1.2 MAR050000: Commonwealth of Massachusetts, except Indian Country lands.
Permittees in Massachusetts must also meet the following conditions.
9.1.2.1 Additional Section 401(a) conditions required by the Commonwealth of Massachusetts.
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 314 CMR 10.00 and any other related policies
adopted under the authority of the Massachusetts Clean Waters Act, MGL c.21, ss. 26-53
and Wetlands Protection Act, MGL s. 40.
New facilities or redevelopment of existing facilities subject to this permit must comply
with applicable stormwater performance standards prescribed by state regulation or
policy. A permit under 314 CMR 3.04 is not required for existing facilities which meet
state stormwater 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 any
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.mass.gov/dep.
9.1.2.2 SWPPP Availability. The Department may request a copy of the Stormwater Pollution
Prevention Plan (SWPPP) and the permittee is required to submit the SWPPP to the
Department within 14 days of such a request.
9.1.2.3 Authorization to Inspect. The Department may 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.
9.1.2.4 Submission of Monitoring Data. The results of any monitoring required by this permit
must be sent to the appropriate Regional Office of the Department [attention: Bureau of
Waste Prevention] where the monitoring identifies exceedances of any effluent limits or
benchmarks for any parameter for which monitoring is required under this permit. In
addition, any follow-up monitoring and a description of the corrective actions required
and undertaken to meet the effluent limits or benchmarks must be sent to the appropriate
Department Regional Office.
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9.1.2.5 Sector-Specific Requirements. The Massachusetts Coastal Zone Management Program
submitted the following conditions to be added to the permit in order to meet the
Programs Consistency Review and which will be included in the requirements of this
Water Quality Certification:
In Sector Q [Water Transportation] add copper to the required monitoring parameters.
In Sector R [Ship and Boat Building and Repair Yards] add aluminum, iron, lead, and
copper to the list of required monitoring parameters.
Modify the monitoring requirements [Part 6.2.1.2 of the permit] such that all four of
the quarterly monitoring samples must meet the benchmarks rather than the average
of the four before no further monitoring is required.
9.1.3 MAR05000I: Indian Country lands within the Commonwealth of Massachusetts.
No additional requirements.
9.1.5 NHR050000: State of New Hampshire.
Permittees in New Hampshire must also meet the following conditions:
9.1.5.1 On-site Infiltration of Stormwater. In Part 2.1.1 (Control Measure Selection and Design
Considerations), you are required to consider opportunities for infiltrating runoff onsite.
This is encouraged, but it should only be done if consistent with the statutes and rules of
the Department of Environmental Services written to protect groundwater. Infiltration
BMPs are not recommended at industrial sites except in areas where industrial activities
do not occur, such as at office buildings and their associated parking facilities, or in
drainage areas at the facility where a certification of no exposure will always be possible
[see 40 CFR 122.26(g)]. Other justifiable reasons for not using on-site infiltration BMPs
include the following:
The facility is located in a wellhead protection area as defined in RSA 485-C:2; or
The facility is located in an area where groundwater has been reclassified to GAA,
GAI or GA2 pursuant to RSA 485-C and Env-Ws 420; or
Any areas that would be exempt from the groundwater recharge requirements
contained in Env-Ws 415.41, including all land uses or activities considered to be a
"High-load site."
9.1.5.2 Maintenance of infiltration best management practices. In addition to the requirements
in Part 5, the SWPPP must contain the following:
A description of and the location of each on-site infiltration BMP installed;
The maintenance procedures that will be followed to ensure proper operation,
including the removal of sediment from pretreatment devices;
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• The inspection procedures that will be followed at least annually. These should
include the procedures for ensuring that the stormwater being infiltrated is not
exposed to industrial pollutants and the procedures for ensuring proper drainage to
prevent mosquito breeding;
• The employee name (or title of the position) who is a member of the stormwater
pollution prevention team (see Part 5.1.1) who will be responsible for the
maintenance required in this section, the inspections required in this section, and any
necessary corrective actions required in Part 3; and
• Records for all maintenance performed, inspections conducted, and corrective actions
taken.
9.1.5.3 Discontinue, Permit or Register On-site Infiltration BMP if Necessary. If at any time a
certification of no exposure can no longer be made for any of the stormwater to be
infiltrated, then the infiltration BMP must cease for that portion of the runoff or the
discharge must be permitted or registered as appropriate. The following may be required:
• Infiltration BMP that meet the definition of a Class V well or that infiltrates
stormwater via a subsurface structure (i.e. concrete chambers, dry well, leach field,
etc.) will need an underground injection control (UIC) registration from NHDES; and
• Permitting as a groundwater discharge as required in Env-Ws 1500, if the stormwater
will or may contain regulated contaminants.
The SWPPP must be modified immediately if new infiltration BMPs are proposed or if
existing infiltration BMPs will cease.
9.1.5.4 Required NHDES notification.
• Notify the NHDES Groundwater Discharge Permit Coordinator immediately if you
believe that any infiltration BMP may need to be permitted or registered (See Part
9.1.5.3) during the permit term.
• Notify the NHDES Wastewater Engineering Bureau immediately of any plans to
discharge any new non-stormwater discharges during the permit term. This does not
include the allowable non-stormwater discharges listed in Part 1.1.3.
9.1.5.5 Information that may be requested by NHDES. To ensure compliance with RSA 485-C,
RSA 485-A, RSA 485-A:13, I(a), Env-Wq 400 and Env-Ws 401 the following
information may be requested by NHDES. This information must be kept on site unless
you receive a written request from NHDES that it be sent to the address shown in Part
9.1.5.6.
• A site map required in Part 5.1.2, showing the type and location of all on-site
infiltration BMPs utilized at the facility or the reason(s) why none were installed.
• A list of all non-stormwater discharges that occur at the facility, including their
source locations and the control measures being used (See Sections 1.1.3 and 5.1.3.4).
• A copy of the Annual Reports required in Part 7.2.
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9.1.5.6 Where to Submit Information. All required or requested documents must be sent to: NH
Department of Environmental Services, Wastewater Engineering Bureau, Permits &
Compliance Section, P.O. Box 95, Concord, NH 03302-0095.
9.1.5.7 Modification of Clean Water Act Section 401 Water Quality Certification. When
NHDES determines that additional water quality certification requirements are necessary
to the protect water quality, it may require individual dischargers to meet additional
conditions to obtain or continue coverage under the MSGP. Any such conditions must be
supplied to the permittee in writing. Any required pollutant loading analyses and any
designs for structural best management practices necessary to protect water quality must
be prepared by a civil or sanitary engineer registered in New Hampshire.
9.1.6 RIR05000I: Indian Country lands within the State of Rhode Island.
No additional requirements.
9.1.7 VTR05000F: Federal Facilities in the State of Vermont.
No additional requirement.
9.2 Region 2
9.2.1 PPR050000: Commonwealth of Puerto Rico
No additional requirements.
9.3 Region 3
9.3.1 DCR050000: The District of Columbia
Permittees in the District of Columbia must also meet the following conditions:
9.3.1.1 Compliance with District of Columbia Laws and Regulations. Discharges covered by
the MSGP must comply with the District of Columbia Water Pollution Control Act, (D.C.
Code § 8-103.01 et seq.) and its implementing regulations in Title 21, Chapters 11 and 19
of the District of Columbia Municipal Regulations. Nothing in this permit will be
construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to District of Columbia laws
and regulations.
9.3.1.2 Submission of SWPPP. The Stormwater Pollution Prevention Plan (SWPPP) shall be
submitted to the District Department of the Environment (Department) at the same time
the NOI is submitted to EPA, to ensure compliance with District of Columbia laws and
regulations.
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9.3.1.3 Submission of No Exposure Certification and NOT. Copies of the No Exposure
Certification and Notice of Termination (NOT) shall be submitted to the Department at
the same time it is submitted to EPA.
9.3.1.4 Authorization to Inspect. The permittee shall allow the Department to inspect any
facilities, equipment, practices, or operations regulated or required under this permit and
to access records maintained under the conditions of this permit.
9.3.1.5 Submission of Reports. Signed copies of all reports required under this permit including
the reporting requirements of Appendix B.12 shall be submitted to the Department at the
same time it is submitted to EPA.
9.3.1.6 Where to Submit Information. All required or requested documents shall be sent to the:
District Department of the Environment, Natural Resources Administration, 51 N Street,
NE, 5
th
Floor, Washington, D.C. 20002, Attention: Associate Director, Water Quality
Division.
9.3.2 DER05000F: Federal Facilities within the State of Delaware.
No additional requirements.
9.4 Region 4
Permit coverage not available.
9.5 Region 5
9.5.1 MIR05000I: Indian Country Lands within the State of Michigan
No additional requirements.
9.5.2 MNR05000I: Indian Country Lands within the State of Minnesota
9.5.2.1 Fond du Lac Reservation
The following conditions apply only to discharges on the Fond du Lac Reservation.
9.5.2.1.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be submitted to the Office of Water Protection at the same
time it is submitted to EPA.
9.5.2.1.2 Submission of SWPPP. A copy of the Stormwater Pollution Plan (SWPPP) shall be
submitted to the Office of Water Protection at least thirty (30) days in advance of
submitting the NOI to EPA.
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9.5.2.1.3 Benchmark Monitoring for TSS. Benchmark Monitoring Concentration (BMC) for
Total Suspended Solids (TSS) shall be 10 mg/L for Sector A (Timber Products),
Sector J (Mineral Mining and Dressing), and Sector M (Automobile Salvage Yards)
that conduct Industrial Activities on the Fond du Lac Reservation.
9.5.2.1.4 Benchmark Monitoring for Nitrate plus Nitrite Nitrogen. Benchmark Monitoring
Concentration (BMC) fro Nitrate plus Nitrite Nitrogen shall be 0.12mg/L for Sector J
(Mineral Mining and Dressing) that conduct Industrial Activities on the Fond du Lac
Reservation.
9.5.2.1.5 Submission of Monitoring Reports. Copies of all Monitoring Reports required by
this permit shall be submitted to the Office of Water Protection.
9.5.2.1.6 Where to Submit Information. All required or requested documents shall be sent to
the: Fond du Lac Reservation Office of Water Protection (OWP) at Fond du Lac
Reservation, Office of Water Protection, 1720 Big Lake Road, Cloquet, Minnesota
55720.
9.5.2.2 Grand Portage Reservation
The following conditions apply only to discharges on the Grand Portage Reservation.
9.5.2.2.1 Compliance with Grand Portage Reservation Laws and Regulations. All industrial
stormwater discharges authorized by this permit must comply with the Grand Portage
Water Quality Standards, Applicable Federal Standards, and the Grand Portage Water
Resources Ordinance, as amended, (“Water Resources Ordinance”).
9.5.2.2.2 Additional Monitoring Required by Grand Portage Reservation. The Board must be
contacted, at the address in Part 9.5.2.2.10, at the onset of writing the Stormwater
Pollution Prevention Plan (SWPPP). Grand Portage may require monitoring of
stormwater discharges as determined on a case-by-case basis. If the Board
determines that a monitoring plan is necessary, the monitoring plan must be prepared
and incorporated in the SWPPP before the Notice of Intent (NOI) is submitted to
EPA.
9.5.2.2.3 Submission of SWPPP and NOI. A copy of the SWPPP and NOI must be submitted
to the Board for review and approval at least 30 days before submitting the NOI to
EPA.
9.5.2.2.4 Submission of NOT. A copy of the Notice of Termination (NOT) must be submitted
to the Board at the address in Part 9.5.3.10 at the same time it is submitted to EPA.
9.5.2.2.5 Additional Information. If requested by the Grand Portage Environmental
Department, the permittee is required to provide additional information necessary for
a case-by-case eligibility determination to assure compliance with the Grand Portage
Water Quality Standards and any Applicable Federal Standards.
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9.5.2.2.6 Submission of Monitoring Data. All analytical data (e.g., Discharge Monitoring
Reports, etc.) must be submitted to the Board at the same time it is submitted to EPA.
9.5.2.2.7 Water Quality Standards. Discharges that the Board has determined to be or may
reasonably be expected to be contributing to a violation of Grand Portage Water
Quality Standards or Applicable Federal Standards are not authorized by this permit.
Upon receipt of this determination EPA will notify the permittee to either improve
their SWPPP to comply with Grand Portage Water Standards or apply for and obtain
an individual NPDES permit for these discharges.
9.5.2.2.8 Appeals. Appeals related to Tribal decisions actions, or enforcement taken pursuant
to any of the preceding conditions will be heard by the Grand Portage Tribal Court.
9.5.2.2.9 Definitions. The definitions set forth in the Grand Portage Water Resources
Ordinance, as amended, govern these certification conditions.
9.5.2.2.10 Where to Submit Information. All required or requested documents shall be sent to
the: Grand Portage Environmental Resources Board, P.O. Box 428, Grand Portage,
MN 55605.
9.5.3 WIR05000I: Indian Country lands within the State of Wisconsin, except those on
Sokaogon Chippewa Community lands
No additional requirements.
Note: Facilities in the Sokaogon Chippewa Community are not eligible for stormwater
discharge coverage under this permit. Contact the EPA Region 5 office for an individual permit
application.
9.6 Region 6
9.6.1 LAR05000I: Indian Country Lands within the State of Louisiana
No additional requirements.
9.6.2 The State of New Mexico, except Indian Country lands.
Permittees in New Mexico must also meet the following conditions:
9.6.2.1 Certification Requirements. Operators are not eligible to obtain authorization under this
permit for all new and existing stormwater discharges to outstanding national resource
waters (ONRWs) (also referred to as “Tier 3” waters.) As of 2/16/06, the following
ONRWs have been designated by the SWQB in New Mexico (see Subsection D of
20.6.4.9 NMAC). (1) Rio Santa Barbara, including the west, middle and east forks from
their headwaters downstream to the boundary of the Pecos Wilderness; and (2) the water
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within the US forest service Valle Vidal special management unit including: (a) Rio
Costilla, including Comanche, La Cueva, Fernandez, Chuckwagon, Little Costilla,
Holman, Gold, Grassy, LaBelle, and Vidal creeks, from their headwaters downstream to
the boundary of the US forest service Valle Vidal special management unit. (b) Middle
Ponil creek, including the waters of Greenwood Canyon, from their headwaters
downstream to the boundary of the Elliott S. Barker wildlife management area; (c)
Shuree lakes; (d) North Ponil creek, including McCrystal and Seally Canyon creeks, from
their headwaters downstream to the boundary of the US forest service Valle Vidal special
management unit; and (e) Leandro creek from its headwaters downstream to the
boundary of the US forest service Valle Vidal.
9.6.3 Indian Country lands within the State of New Mexico, except Ute Mountain
Reservations Lands (see Region 8) and Navajo Reservation Lands (see Region 9).
9.6.3.1 Pueblo of Acoma.
The following condition applies only to discharges on the Pueblo of Acoma:
9.6.3.1.1 Submission of NOI and NOT. The Pueblo will require the owner/operator of each
facility on or bordering the Pueblo of Acoma to submit copies of its Notice of Intent
(NOI) and Notice of Termination (NOT) to the Haaku Water Office (HWO) Director
at the same time it is submitted to EPA.
9.6.3.1.2 SWPPP Availability. The HWO may request a copy of the Stormwater Pollution
Prevention Plan (SWPPP) and the permittee is required to submit the SWPPP to the
HWO upon such request.
9.6.3.1.3 Submission of Monitoring Data. All analytical data shall also be provided to the
HWO at the same time it is submitted to EPA.
9.6.3.1.4 Where to Submit Information. All required or requested documents shall be sent to:
HWO Director, Haaku Water Office, P.O. Box 309, Pueblo of Acoma, NM 87034.
9.6.3.2 Pueblo of Isleta.
The following conditions apply only to discharges on the Pueblo of Isleta:
9.6.3.2.1 Submission of SWPPP. The Stormwater Pollution Prevention Plan (SWPPP) must
be submitted to the Pueblo of Isleta prior to submitting the Notice of Intent (NOI) to
EPA.
9.6.3.2.2 SWPPP Modification. Any update or amendment of the SWPPP shall be submitted
to the Pueblo of Isleta within 5 calendar days of its finalization.
9.6.3.2.3 Submission of Monitoring Data. All monitoring data and reports shall be submitted
to the Pueblo of Isleta at the same time they are submitted to EPA.
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9.6.3.2.4 Submission of Inspection Reports. All inspection reports, including the Compliance
Evaluation Report, shall be submitted to the Pueblo of Isleta within 5 calendar days of
their finalization.
9.6.3.2.6 Additional Reporting. Any spill or leak directly to waters designated by the Pueblo
of Isleta as ‘Primary Contact Recreation’ and/or ‘Primary Contact Ceremonial’ shall
be considered significant if it contains toxic or hazardous pollutants, oil or petroleum
products. The Pueblo of Isleta shall be notified of any spill containing toxic or
hazardous pollutants and of any spill of oil or petroleum product within 8-hours of
spill detection.
9.6.3.2.7 Benchmark Monitoring. Following 4 quarters of benchmark monitoring, if the
maximum value
of the 4 monitoring values does not exceed the benchmark, you have
fulfilled your monitoring requirements for that parameter for the permit term. If any
of the 4 monitoring values exceeds the benchmark, quarterly monitoring shall
continue until no exceedances of the benchmark are detected in four consecutive
quarters. Following this determination, you may reduce monitoring for that pollutant
to once per year for the duration of the permit period unless an exceedance is again
detected at which time quarterly sampling will again be required.
9.6.3.2.8 Corrective Action. You must take corrective action following any benchmark
exceedance if you determine as a result of reviewing your SWPPP that your SWPPP
does not meet the requirements of Part 5 of this permit.
9.6.3.2.9 Conditions applicable only to Sector G, Metal Mining. (See Part G.4.2.1. Inspection
Frequency). Inspections must be conducted at least once every 7 calendar days or at
least once every 14 calendar days and within 24 hours of the end of a storm event of
0.25
inches or greater. Inspection frequency may be reduced to at least once every
month if the entire site is temporarily stabilized, if runoff is unlikely due to winter
conditions (e.g., site is covered with snow, ice, or the ground is frozen), or
construction is occurring during seasonal arid periods in arid areas and semi-arid
areas.
9.6.3.2.10 Where to Submit Information. All required or requested documents shall be sent to:
Director, Environment Department, Pueblo of Isleta, P.O. Box 1270, Isleta, NM
87022.
9.6.3.3 Pueblo of Nambe.
The following conditions apply only to discharges on the Pueblo of Nambe:
9.6.3.3.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be submitted to the Pueblo of Nambe at the same time it is
submitted to EPA.
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9.6.3.3.2 SWPPP Availability. A copy of the Stormwater Pollution Prevention Plan (SWPPP)
must also be submitted to the Pueblo of Nambe, if requested, at the same time the
NOI is submitted to EPA.
9.6.3.3.3 Submission of Reports. All analytical data and a copy of all written reports shall be
provided to the Pueblo of Nambe at the same time they are provided to the EPA, if
requested by the Pueblo of Nambe.
9.6.3.3.4 Where to Submit Information. All required or requested documents shall be sent to:
Alan G Hook, Manager, Pueblo of Nambe, Department of Environment and Natural
Resources (DENR), Rt. 1 Box 117-BB, Sante Fe, NM 87506.
9.6.3.4 Pueblo of Pojoaque.
The following conditions apply only to discharges on the Pueblo of Pojoaque:
9.6.3.4.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided at the same time it is provided to EPA.
9.6.3.4.2 SWPPP Availability. The Pueblo may request a copy of the Stormwater Pollution
Prevention Plan (SWPPP) and the permittee is required to submit the SWPPP to the
Pueblo upon such request.
9.6.3.4.3 Submission of Monitoring Data. All analytical data (e.g., Discharge Monitoring
Reports, etc) shall be submitted to the Pueblo at the same time it is submitted to EPA.
9.6.3.4.4 Where to Submit Information. All required or requested documents shall be sent to:
Luke Mario Duran, Director, Environment Department, 5 West Gutierrez, Suite 2B,
Sante Fe, NM 87506.
9.6.3.5 Ohkay Owingeh - (formerly known as San Juan Pueblo).
The following condition applies only to discharges on Ohkay Owingeh (formerly known
as San Juan Pueblo):
9.6.3.5.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be submitted to Ohkay Owingeh at the same time it is
submitted to EPA.
9.6.3.5.2 Submission of Monitoring Data and Additional Reporting. Copies of monitoring
data or other documents required under the permit must also be submitted to Ohkay
Owingeh upon request.
9.6.3.5.3 Where to Submit Information. All required or requested documents shall be sent to
the: Ohkay Owingeh, Office of Environmental Affairs, P.O. Box 1099, San Juan
Pueblo, NM 87566.
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9.6.3.6 Pueblo of Sandia.
The following conditions apply only to discharges on the Pueblo of Sandia:
9.6.3.6.1 Submission of NOI. A copy of the Notice of Intent (NOI) must be submitted to the
Environment Director at the same time it is submitted to EPA.
9.6.3.6.2 Submission of NOT. A copy of the Notice of Termination (NOT) must be submitted
to the Environment Director at the same time it is submitted to EPA. The Pueblo of
Sandia must verify termination of activities prior to EPA’s termination of the permit.
9.6.3.6.3 SWPPP Availability. The Stormwater Pollution Prevention Plan (SWPPP) must be
made available to Pueblo of Sandia Environment Department personnel upon request.
9.6.3.6.4 Submission of Monitoring Data. All analytical data (e.g., Discharge Monitoring
Reports, follow-up monitoring reports, Exceedance reports, etc) shall be submitted to
the Environment Director at the same time it is submitted to EPA.
9.6.3.6.5 Submission of Quarterly Visual Assessments. Copies of all “Quarterly Visual
Assessments” (Part 4.2) must be submitted to the Environment Director within 7 days
of completion.
9.6.3.6.6 Submission of Comprehensive Site Inspection Reports. Copies of all
“Comprehensive Site Inspection Reports” (Part 4.3) must be submitted to the
Environment Director within 10 days of completion.
9.6.3.6.7 Additional Reporting. Any notice of release of oils or hazardous substances shall be
provided to the Environment Director within twenty-four (24) hours of becoming
aware of the circumstance, followed by the reporting requirements of 40 CFR 110, 40
CFR 302, and 40 CFR 302 relating to spills or other releases of oil or hazardous
substances.
The permittee must also telephone the Pueblo of Sandia Environment Department at (505) 867-
4533 of any spills or unauthorized discharges that may affect drinking water supplies,
ceremonial and recreational surface waters, elicit fish kills, harm wildlife or
endangered species or endanger human health or the environment within ten (10)
hours of becoming aware of the circumstance, followed by the written report when it
is sent to the EPA.
9.6.3.6.8 Water Quality Standards. If requested by the Pueblo of Sandia Environment
Department, the permittee shall provide additional information necessary for a “case
by case” eligibility determination to assure compliance with Pueblo of Sandia Water
Quality Standards.
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Note: Upon receipt of a determination by the Pueblo of Sandia that discharges from a perimittee
have reasonable potential to be causing or contributing to a violation of Pueblo of
Sandia Water Quality Standards, EPA Region 6 would be notified. EPA Region 6
would then notify the permittee to either improve their Stormwater Pollution
Prevention Plan (SWPPP) to achieve compliance with the Pueblo of Sandia Water
Quality Standards or apply for and obtain an individual NPDES permit for these
discharges per CFR 122.28(b)(3).
9.6.3.6.9 Authorization to Inspect. If requested by the Pueblo of Sandia Environment
Department the permittee must allow the Pueblo to perform its own routine or
compliance inspection to ensure the permittee is in compliance and any discharge is
not contributing to a violation of the Pueblo of Sandia’s Water Quality Standard.
9.6.3.6.10 Alternative Permit. Any industry discharging to waters of the United States that has
been designated by the EPA as an impaired water shall not be covered under the
Multi-Sector General Permit but will be required to obtain an individual permit.
9.6.3.6.11 Where to Submit Information. All required or requested documents shall be sent to:
Environment Director, Pueblo of Sandia Environment Department at 481 Sandia
Loop, Bernalillo, New Mexico 87004
9.6.3.7 Pueblo of Santa Clara.
The following condition applies only to discharges on the Santa Clara Indian Pueblo:
9.6.3.7.1 Submission of NOI and NOT. The Notice of Intent (NOI) and Notice of
Termination (NOT) must be submitted to the Santa Clara Pueblo Governor’s Office at
the same time it is submitted to EPA
9.6.3.7.2 SWPPP Availability. A copy of the Stormwater Pollution Prevention Plan must be
made available to the Pueblo of Santa Clara staff upon request.
9.6.3.7.3 Where to Submit Information. All required or requested documents shall be sent to
the: Santa Clara Pueblo, Governor’s Office, P.O. Box 580, Espanola, NM 87532.
9.6.3.8 Pueblo of Taos
The following conditions apply only to discharges on the Pueblo of Taos:
9.6.3.8.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided at the same time it is provided to EPA.
9.6.3.8.2 Submission of SWPPP. Upon request by the Pueblo, a copy of the Stormwater
Pollution Prevention Plan must be provided to the Taos Pueblo Environmental
Officer.
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9.6.3.8.3 Submission of Data and Reports. All analytical data and a copy of all written reports
shall be provided to the Pueblo at the same time it is provided to the EPA.
9.6.3.8.4 Where to Submit Information. All requested materials shall be sent to Program
Manager, Taos Pueblo Environmental Office Program Manager, P.O. Box 1846,
Taos, NM, 97571.
9.6.3.9 Pueblo of Tesuque.
The following conditions apply only to discharges on the Pueblo of Tesuque:
9.6.3.9.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided at the same time it is provided to EPA.
9.6.3.9.2 Submission of SWPPP. A copy of the Stormwater Pollution Prevention Plan must
also be made available to the Pueblo of Tesuque at the time the NOI submitted.
9.6.3.9.3 Submission of Monitoring Data. All analytical data (e.g., Discharge Monitoring
Reports, etc) shall be provided to the Pueblo at the same time it is provided to the
EPA.
9.6.3.9.4 Where to Submit Information. All required or requested documents shall be sent to:
Jennifer Montoya, Director, Pueblo of Tesuque Environment Department, Rt. 42 Box
360-T, Santa Fe, NM 87506.
9.6.4 OKR05000I: Indian Country lands within the State of Oklahoma
9.6.4.1 Certification Requirements. In order to protect downstream waters subject to the state of
Oklahoma’s Water Quality Standards (OAC 785:45-5-25) coverage under this permit is
not available for any new or proposed discharges located within the watershed of any part
of the Oklahoma Scenic Rivers system, including the Illinois River, Flint Creek, Barren
Fork Creek, Upper Mountain Fork Creek, Little Lee Creek, and Big Lee Creek or to any
water designated as an Outstanding Resource Water (ORW). Existing discharges of
stormwater in these watersheds may be permitted under this permit only from point
sources existing as of June 25, 1992, whether or not such stormwater discharges were
permitted as point sources prior to June 25, 1992. For any such existing discharge,
increased load of any pollutant above levels of June 25, 1992 is prohibited. Any new or
proposed discharges not eligible for permit coverage under this paragraph must apply for
an individual permit.
9.6.4.2 Pawnee Nation of Oklahoma
The following conditions apply only to discharges on the Pawnee Nation of Oklahoma:
9.6.4.2.1 Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided at the same time it is provided to EPA.
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9.6.4.2.2 Submission of SWPPP. Copies of the Stormwater Pollution Prevention Plan must be
provided to the Director of the Pawnee Nation Department of Environmental
Conservation and Safety (DECS) no later than the same time as submitted to EPA.
9.6.4.2.3 Submission of Data and Reports. All analytical data and a copy of all written reports
shall be provided to DECS no later than the same time it is submitted to the EPA.
9.6.4.2.4 Spills or Leaks. All spills or leaks of any size or amount occurring upon the Pawnee
Nation shall be reported to DECS and the Bureau of Indian Affairs – Pawnee Agency,
Bureau of Land Management-Moore Office, Oklahoma City, immediately upon
detection as required under Title X, Article 6, section 611 (Pawnee Nation Oil
Pollution Control Act – Emergency Response/Notification) of the Pawnee Nation
Law and Order Code.
9.6.4.2.5 Discharges from Secondary Containment. Discharge of stormwater from secondary
containment is prohibited and shall not be authorized as cited in Title X, Article 6,
Section 604(B) (Pawnee National Oil Pollution Control Act – Secondary
Containment).
9.6.4.2.6 Where to Submit Information. All required or requested documents shall be sent to:
Director of the Pawnee Nation Department of Environmental Conservation and
Safety (DECS), P.O. Box 470, Pawnee, OK 74058.
9.6.5 OKR05000F: Facilities in the State of Oklahoma not under the jurisdiction of the
Oklahoma Department of Environmental Quality, except those on Indian Country
lands.
9.6.5.1 Certification Requirements. In accordance with Oklahoma’s Water Quality Standards
(OAC 785:45-5-25) coverage under this permit is not available for any new or proposed
discharges located within the watershed or any part of the Oklahoma Scenic Rivers
system, including Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork
River, Little Lee Creek, and Big Lee Creek or to any water designated as an Outstanding
Resource Water (ORW). Existing discharges of stormwater in these watersheds may be
permitted under this permit only from point sources existing as of June 25, 1992, whether
or not such stormwater discharges were permitted as point sources prior to June 25, 1992.
For any such existing discharge, increased load of any pollutant above levels of June 25,
1992 is prohibited. Any new or proposed discharges not eligible for permit coverage
under this paragraph must apply for an individual permit.
9.6.6 TXR05000F: Facilities in the State of Texas not under the jurisdiction of the Texas
Commission on Environmental Quality, except those on Indian Country lands.
No additional requirements.
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General Permit
9.6.7 TXR05000I: Indian Country lands within the State of Texas.
No additional requirements.
9.7 Region 7
Permit coverage not available
9.8 Region 8
Permit coverage not available
9.9 Region 9
9.9.1 ASR050000: The islands of American Samoa
The following condition applies only to discharges on the American Samoa:
9.9.1.1 Submission of NOI. All Notices of Intent (NOIs) for stormwater discharges covered
under the general permits in American Samoa shall be submitted to the American Samoa
Environmental Protection Agency at the same time it is submitted to EPA.
9.9.1.2 Submission of SWPPPs. All SWPPPs for stormwater discharges in American Samoa
shall be submitted to the American Samoa Environmental Protection Agency for review
and approval.
9.9.2 AZR05000I: Indian Country lands within the State of Arizona, including Navajo
Reservation lands in New Mexico and Utah.
9.9.2.1 Hualapai Tribe (Arizona)
The following condition applies only to discharges on the Hualapai Tribe:
9.9.2.1.1 Submission of NOI and SWPPP. All Notices of Intent (NOIs) and Stormwater
Pollution Plans (SWPPPs) for stormwater discharges on Hualapai Tribal lands shall
be submitted to the Water Resource Program through the Tribal Chairman for review
and approval
9.9.2.1.2 Where to Submit Information. All required or requested documents shall be sent to:
Water Resource Program through the Tribal Chairman, P.O. Box 179, Peach Springs,
AZ 86434.
9.9.2.2 Navajo Nation (Arizona).
The following conditions apply only to discharges on the Navajo Nation:
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General Permit
9.9.2.2.1 Submission of NOI. Notices of Intent (NOI) must be submitted to Navajo EPA for
review, comment and tracking.
9.9.2.2.2 Submission of SWPPP. Copies of Stormwater Water Pollution Plans (SWPPPs) and
supporting Best Management Practices (BMPs) must be submitted to Navajo EPA for
review and concurrence.
9.9.2.2.3 Submission of Monitoring Data. Copies of all monitoring reports must be provided
to Navajo EPA.
9.9.2.3 White Mountain Apache Tribe (Arizona).
The following condition applies only to discharges on the White Mountain Apache Tribe:
9.9.2.3.1 Submission of NOI. All Notices of Intent for proposed stormwater discharges under
the MSGP must be submitted to the Tribal Environmental Office.
9.9.2.3.2 Where to Submit Information. All required or requested documents shall be sent to
the: Tribal Environmental Office, Attention: Doreen E. Gatewood, P.O. Box 1000,
Whiteriver, AZ 85941.
9.9.3 CAR05000I: Indian Country lands within the State of California.
9.9.3.1 Big Pine Paiute Tribe of the Owens Valley (California).
The following condition applies only to discharges on the Big Pine Paiute Tribe of the
Owens Valley:
9.9.3.1.1 Submission of NOI. Copies of Notices of Intent (NOIs) shall be submitted to the
Tribe at the same time (or prior to) it is submitted to EPA.
9.9.3.2 Bishop Paiute Tribe (California).
The following condition applies only to discharges on the Bishop Paiute Tribe:
9.9.3.2.1 Submission of NOI. Copies of Notices of Intent (NOIs) for proposed stormwater
discharges must be submitted to the Tribe’s Environmental Management Office for
review and comment by the Tribal Environmental Protection Agency (TEPA) Board.
9.9.3.3 Hoopa Valley Tribe (California).
The following conditions apply only to discharges on the Hoopa Valley Tribe:
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General Permit
9.9.3.3.1 Submission of NOI. All Notices of Intent (NOI) submitted for stormwater discharges
under the general permits in Hoopa Valley Indian Reservation (HVIR) shall be
submitted to the Tribal Environmental Protection Agency (TEPA).
9.9.3.3.2 Submission of SWPPP. All Stormwater Pollution Plans (SWPPPs) for stormwater
discharges in HVIR shall be submitted to TEPA for review and approval.
9.9.3.4 Twenty-Nine Palms Band of Mission Indians (California)
The following conditions apply only to discharges on the Twenty-Nine Palms Band of
Mission Indians:
9.9.3.4.1 Submission of NOI. Notices of Intent (NOI) must be submitted to the 29 Palms
Tribal EPA for review, comment, and tracking.
9.9.3.4.2 Submission of SWPPP. Copies of Stormwater Pollution Prevention Plans (SWPPPs)
and supporting best management practices (BMPs) must be submitted to the 29 Palms
Tribal EPA for review and compliance.
9.9.3.4.3 Submission of Monitoring Data. Copies of all monitoring reports must be provided
to the 29 Palms Tribal EPA.
9.9.4 GUR050000: The Island of Guam.
No additional requirements.
9.9.5 JAR050000: Johnston Atoll.
No additional requirements.
9.9.6 MWR050000: Midway Island and Wake Island.
No additional requirements.
9.9.7 Commonwealth of the Northern Mariana Islands
The following conditions apply only to discharges on the Commonwealth of the Northern
Mariana Islands (CNMI):
9.9.7.1 Submission of NOI. Pursuant to Part 10.3(h)(5) of the Standards, every Notice of Intent
(NOI) submitted to EPA for activities in the CNMI that are to be covered under this
permit must be postmarked no less than seven (7) calendar days prior to any stormwater
discharges and a copy must be submitted to the Director of Division of Environmental
Quality (DEQ) no later than seven (7) calendar days prior to any stormwater discharges.
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General Permit
9.9.7.2 Submission of SWPPP. Pursuant to Part 10.3(h)(3) of the Standards, for any activity
subject to the permit in the CNMI, a Stormwater Pollution Prevention Plan (SWPPP) for
stormwater discharges associated with industrial activities must be submitted to DEQ and
approved by the Director of DEQ prior to submission of the NOI to EPA.
9.9.7.3 Submission of SWPPP Approval Letter. Pursuant to Part 10.3(h)(4) of the Standards,
every NOI submitted to EPA for activities in the CNMI that are to be covered under this
permit must be accompanied by a SWPPP approval letter from DEQ.
9.9.7.4 Submission of Monitoring Data. Pursuant to Part 10.3(h)(6) of the Standards, permittees
covered under this permit must submit copies of all monitoring reports to DEQ.
9.9.7.5 Certification. Pursuant to Section 10.6 of the Standards, this certification shall be subject
to amendment or modification if and to the extent that existing water quality standards
are made more stringent, or new water quality standards are adopted, by DEQ.
This certification does not relieve the applicant from obtaining other applicable local or
federal permits.
9.9.8 NVR05000I: Indian Country lands within the State of Nevada, including the Duck
Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the
Confederated Tribes of the Goshute Reservation in Utah
9.9.8.1 Pyramid Lake Paiute Tribe (Nevada)
The following conditions apply only to discharges on the Pyramid Lake Paiute Tribe:
9.9.8.1.1 Submission of NOI. Notice of Intents (NOI) must be submitted to the Tribe for
review, comments, and tracking.
9.9.8.1.2 Submission of SWPPP. Copies of Stormwater Pollution Prevention Plans (SWPPPs)
and supporting best management practices (BMPs) must be submitted to the Pyramid
Lake Paiute Tribe for review and concurrence.
9.9.8.1.3 Submission of Monitoring Data. Copies of all monitoring reports must be submitted
to the Pyramid Lake Paiute Tribe.
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9.10 Region 10
Table 9.10-1
NOI Submittal Deadlines/Discharge Authorization Dates for Facilities within Region 10 Areas
Category NOI Submission Deadline Discharge Authorization
Date
1
Existing Dischargers - in
operation as of October 30,
2005 and authorized for
coverage under MSGP 2000.
No later than May 27, 2009. 30 days after EPA posts your
NOI.
Your authorization under the
MSGP 2000 is automatically
continued until you have been
granted coverage under this
permit or an alternative permit,
or coverage is otherwise
terminated.
New Dischargers or New
Sources - have commenced
discharging between October
30, 2005 and May 27, 2009.
As soon as possible but
no later than May 27, 2009.
30 days after EPA posts your
NOI.
A minimum of 60 days
prior to commencing
discharge, or a minimum of 30
days if your SWPPP is posted
on the Internet during this
period and the Internet address
(i.e., URL) to your SWPPP is
provided on the NOI form.
New Dischargers or New
Sources - commence
discharging after
May 27, 2009.
If you post your SWPPP on the
Internet, 30 days after EPA
posts your NOI.
Otherwise, 60 days after EPA
posts your NOI.
New Owner/Operator of
Existing Discharger - transfer of
ownership and/or operation of a
facility whose discharge is
authorized under this permit
A minimum of 30 days prior to
date that the transfer will take
place to the new
owner/operator.
30 days after EPA posts your
NOI.
Other Eligible Dischargers - in
operation prior to October 30,
2005, but not covered under the
MSGP 2000 or another NPDES
permit.
Immediately, to minimize the
time discharges from the facility
will continue to be
unauthorized.
If you post your SWPPP on the
Internet, 30 days after EPA
posts your NOI. Otherwise, 60
days after EPA posts your NOI.
1
Based on a review of your NOI or other information, EPA may delay your authorization for further review, notify
you that additional effluent limitations are necessary, or may deny coverage under this permit and require
submission of an application for an individual NPDES permit, as detailed in Part 1.6. In these instances, EPA will
notify you in writing of the delay, of the need for additional effluent limits, or of the request for submission of an
individual NPDES permit application.
General Permit
9.10.1 AKR050000: The State of Alaska, except Indian Country lands.
Deadlines for the submittal of Notices of Intent are listed in Table 9.10-1. Permittees in
Alaska must also meet the following conditions:
9.10.1.1 Submission of NOI, NOT and all other information. A copy of the Notice of Intent,
the No Exposure Certification, the Notice of Termination, all information collected and
submitted to EPA pursuant to Parts 3.4 and 7, and reports required under Appendix B.12,
shall be sent to the Alaska Department of Environmental Conservation (ADEC) at the
same time it is submitted to the EPA. Submittals to ADEC shall be made to the
following address:
Alaska Department of Environmental Conservation
Wastewater Discharge/Storm Water
555 Cordova St.
Anchorage, AK 99501
9.10.1.2 Plan approval for nondomestic wastewater treatment works. For all new facilities
operators who construct, install or operate any part of a nondomestic wastewater
treatment works shall submit a copy of the engineering plans to ADEC for review at the
address given above (see 18 AAC 72.600), and pay an engineering plan review fee (see
18 AAC 72.955). Engineering plan approval must be obtained from ADEC prior to
construction. Nondomestic wastewater includes stormwater runoff.
9.10.1.3 Submission of SWPPP for new dischargers. Operators who have not previously
obtained coverage under the MSGP must submit a copy of the Storm Water Pollution
Prevention Plan (SWPPP) for the facility, developed by qualified person, to ADEC for
review at the time of submittal of the NOI. The SWPPP shall be accompanied by the
state-required plan review fee (see 18 AAC 72.955).
9.10.1.4 Submission of SWPPP for existing dischargers. Operators who submitted a SWPPP to
ADEC under the previous MSGP must submit copies of any modifications of their
SWPPP to meet the requirements of the MSGP 2008 with their NOI.
9.10.1.5 Submission of Additional Information. ADEC reserves the right to request copies of
the SWPPP modifications made to comply with Part 5.2. The operator shall submit the
SWPPP modification to ADEC within 14 days of such a request.
9.10.1.6 Conditions Applicable to New Dischargers and New Sources under Sector G (Metal
Mining) and Sector H (Coal Mining). For new dischargers and new sources operating
under Sector G, Metal Mining (specifically, those facilities that are designed to process
500 or more tons per day) and Sector H, Coal Mining, the following conditions apply:
• The operator shall develop a new SWPPP for each phase of the project: i.e.,
the exploration, construction, active mining, inactive mining, and reclamation
phases;
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• The operator shall submit the construction phase SWPPP to ADEC for review
at least 90 days prior to the start of construction;
• The operator shall submit the active mining phase SWPPP to ADEC for
review at least 90 days prior to the start of the active mining;
• The operator shall submit a copy of engineering plans for nondomestic
wastewater treatment facilities used during both the construction phase and
the active mining phase to ADEC for review at least 90 days prior to the start
of construction;
• Representatives of the operator and the prime site construction contractor shall
meet with ADEC representatives in a pre-construction conference at least 20
days before the start of the construction phase to discuss the details of the
construction phase SWPPP and stormwater management during construction;
• The operator shall have at least one person on-site during construction that is
qualified and trained in the principles and practices of erosion and sediment
control and that has the authority to direct the maintenance of stormwater
control measures.
9.10.1.7 Benchmark Monitoring for pH and turbidity. The benchmark monitoring
concentrations, as described in Part 8, may exceed the Alaska water quality standards. In
those instances where the benchmark monitoring concentration exceeds the Alaska water
quality standard, the Alaska water quality standard shall be used as the benchmark
monitoring concentration. The following provides the instances where the Alaska Water
Quality Standards shall be used as the benchmark values:
• For Sectors A, D, E, G, J, K, L, O, and S, the acceptable range for pH is 6.5 to
8.5 and may not vary more than 0.5 pH units from natural conditions. See 18
AAC 70.020(b)(6).
• For Sector G, turbidity in fresh water may not exceed 5 nephelometric
turbidity units (NTU) above natural conditions when the natural turbidity is 50
NTU or less, and may not have more than 10% increase in turbidity when the
natural turbidity is more than 50 NTU, not to exceed a maximum increase of
25 NTU. See 18 AAC 70.020(b)(12)(A)(i).
9.10.2 AKR05000I: Indian Country lands within Alaska
No additional requirements.
9.10.3 IDR050000: The State of Idaho, except Indian Country lands
Deadlines for the submittal of Notices of Intent are listed in Table 9.10-1. Permittees in
Idaho must also meet the following conditions:
9.10.3.1 Monitoring Frequency for Numeric Effluent Limitations. Given the inherent
variability in stormwater discharges, the monitoring for parameters with numeric effluent
limitations as described in Part 6.2.2 must occur twice per year.
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General Permit
9.10.3.2 Follow-up Monitoring for Benchmark Concentrations. If all four quarterly samples
do not exceed the benchmark, the permittee is not required to conduct any additional
quarterly monitoring for that parameter. If any
of the four quarterly samples exceed the
benchmark, then the permittee must follow the additional requirements in Part 6.2.1.2 of
the MSGP, with the following modifications:
• If the permittee elects to make any necessary modifications and continue
quarterly monitoring, such monitoring must occur until the results from four
consecutive quarters of monitoring are less than the benchmark concentration
.
9.10.3.3 Monitoring of Discharges to Impaired Waters with an applicable WLA in an EPA-
approved TMDL. In order to waive any additional monitoring as allowed by Part 6.2.4.2
of the permit, the permittee must also include documentation in their SWPPP that the
pollutant(s) of concern is not expected to be present in the discharge. If such
documentation can not be made, then the permittee must conduct annual monitoring for
the duration of the permit.
9.10.3.4 Stormwater Pollution Prevention Plan (SWPPP) Availability. If requested by Idaho
Department of Environmental Quality (DEQ), the permittee must submit a copy of the
SWPPP to DEQ within fourteen (14) days of the request.
9.10.3.5 Submission of NOIs, Monitoring Data, and Additional Reporting. Copies of the
following information must be sent to the appropriate DEQ regional office at the same
time it is submitted to EPA:
• NOIs for facilities with stormwater discharges to impaired waters;
• Monitoring data collected pursuant to Parts 6.2 and 6.3 of this permit, well as
any additional monitoring data required by this Part;
• Exceedance Reports as required by Part 6.3.
Both monitoring data and exceedance reports must be sent to the appropriate DEQ
regional office with thirty (30) days of receipt of analytical results.
9.10.3.6 Where to Submit Information or to Obtain Additional Information Regarding
Impaired Waters and Approved TMDLs. Information regarding impaired waters and
approved TMDLs may be obtained from the appropriate regional DEQ office. Contact
information for DEQ offices can be obtained from the DEQ website at
http://www.deq.idaho.gov/about/contact_us.cfm.
9.10.3.7 Additional Reporting of Discharges Containing Hazardous Materials or Oil. Any
unauthorized discharges containing hazardous materials or oil must be reported to the
Idaho State Communications Center (1-800-632-8000) or to the appropriate DEQ
Regional Office (see IDAPA 58.01.02.850) as follows:.
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Regional Office Phone # Regional Office Phone #
Boise (208) 373-0550 Lewiston (208) 373-4370
Coeur d’Alene (208) 769-1422 Pocatello (208) 236-6168
Idaho Falls (208) 528-2650 Twin Falls (208) 736-2190
9.10.3.8 Additional Conditions Applicable to Sector L (Landfills, Land Application Sites and
Open Dumps). Stormwater entering a landfill must be managed as leachate, including
run off from areas that have received daily cover which may have contacted waste
material, and thus is not eligible for coverage under the MSGP (See 40 CFR 258.26
(a)(2); Municipal Solid Waste Landfill Criteria Technical Manual, EPA 530-R-93-017,
1998). Stormwater from a closed landfill or from areas of the landfill that have received
final cover is not leachate, and may be covered under the MSGP.
9.10.3.9 .Benchmark Values for Selenium.
The benchmark value for selenium (as found in
Sectors G and K) is equal to 0.005 mg/L, which is equivalent to the chronic water quality
criterion. Given storms are discrete events of relatively short duration, DEQ believes it is
more appropriate to use the acute water quality criteria as a benchmark value. Therefore,
benchmark values for selenium can be set equal to the acute criteria of 0.02. mg/L and
still comply with Idaho WQS.
9.10.4 IDR05000I: Indian Country lands within the State of Idaho, except Duck Valley
Reservation lands, which are covered under Nevada permit NVR05000I listed in
Part C.9
No additional requirements.
9.10.5 ORR05000I: Indian Country lands within the State of Oregon, except Fort
McDermitt Reservation lands, which are covered under Nevada permit NVR05000I
listed in Part C.9
9.10.5.1 Confederated Tribes of the Umatilla Indian Reservation
Deadlines for the submittal of Notices of Intent are listed in Table 9.10-1. Permittees
located within the Confederated Tribes of the Umatilla Indian Reservation must also meet the
following conditions:
9.10.5.1.1 Water Quality Standards. The operator shall be responsible for achieving compliance
with Confederated Tribes of the Umatilla Indian Reservation’s (CTUIR) Water Quality
Standards.
9.10.5.1.2 Submission of NOI. The operator shall submit a copy of the Notice of Intent (NOI to
be covered by the general permit to the CTUIR Water Resources Program at the address
below, at the same time it is submitted to EPA.
9.10.5.1.3 Submission of SWPPP. The operator shall be responsible for submitting all
Stormwater Pollution Prevention Plans (SWPPPs) required under this general permit to
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the CTUIR Water Resources Program for review and determination that the SWPPP is
sufficient to meet Tribal Water Quality Standards, prior to the beginning of any discharge
activities taking place.
9.10.5.1.4 Additional Reporting. The operator shall be responsible for reporting an exceedance
to Tribal Water Quality Standards to the CTUIR Water Resources Program at the same
time it is reported to EPA.
9.10.5.1.5 Additional Requirements for Historic Properties Preservation. If the project is an
undertaking as defined in section 106 of the National Historic Preservation Act (NHPA),
a cultural resource investigation must occur. The operator shall provide the CTUIR
Tribal Historic Preservation Office (THPO) 30 days to comment on the area of potential
effect (APE) as defined in the permit application.
• All fieldwork must be conducted by qualified personnel (as outlined by the
Secretary of Interior’s Standards and Guidelines) and documented using
Oregon Reporting Standards. The resulting report must be submitted to the
THPO and the THPO must concur with the findings and recommendations
before any ground disturbing work can occur. The THPO requires 30 days to
review all reports.
• The operator must obtain THPO concurrence in writing. If historic properties
are present, this written concurrence will outline measures to be taken to
prevent or mitigate effects to historic properties.
9.10.5.1.6 Where to Submit Information. The NOI, SWPPP, and reports must be sent to:
CTUIR Water Resources Program
P.O. Box 638
Pendleton, OR 97801
(541) 966-2420
All required Historic Properties Preservation information must be sent to:
CTUIR Cultural Resources Protection Program
Tribal Historic Preservation Office
P.O. Box 638
Pendleton, OR 97801
(541) 276-3629
9.10.6 WAR05000I: Indian Country lands within the State of Washington
9.10.6.1 Lummi Nation.
Deadlines for the submittal of Notices of Intent are listed in Table 9.10-1. Permittees
located within the Lummi Nation must also meet the following conditions:
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9.10.6.1.1 Additional Requirements. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the
operator must also obtain a land use permit from the Lummi Planning Department as
provided in Title 15 of the Lummi Code of Laws and regulations adopted thereunder.
9.10.6.1.2 Submission of SWPPP for Review and Approval. Pursuant to LCL 17.05.020, each
operator shall develop and submit a Storm Water Pollution Prevention Plan to the Lummi
Water Resources Division for review and approval by the Water Resources Manager
prior to beginning any discharge activities.
9.10.6.1.3 Water Quality Standards. Pursuant to LCL Title 17, each operator shall be
responsible for achieving compliance with the Water Quality Standards for Surface
Waters of the Lummi Indian Reservation (Lummi Administrative Regulations
[LAR]17LAR07.010 through 17LAR 07.210).
9.10.6.1.4 Submission of NOI, Monitoring Data, Reports and NOT. Each operator shall submit
a copy of the Notice of Intent, analytical monitoring results, and Exceedance Reports,
Annual Reports, and Notice of Termination to the Lumni Water Resources Division at
the same time it is submitted to the EPA.
9.10.6.1.5 Where to Submit Information or to Obtain Additional Information. All required
information shall be submitted to:
Lummi Natural Resources Department
ATTN: Water Resources Manager
2616 Kwina Road
Bellingham, WA 98226
Please see the Lummi Nation website (www.1ummi-nsn.gov)to review a copy of Title 17
of the Lummi Code of Laws and the references upon which the conditions identified
above are based.
This certification does not exempt and is provisional upon compliance with other
applicable statutes and codes administered by federal and Lummi tribal agencies.
9.10.6.2 Puyallup Tribe of Indians.
Deadlines for the submittal of Notices of Intent are listed in Table 9.10-1. Permittees
discharging from tribal trust lands, or to tribal waters of the Puyallup Tribe of Indians (including
to the Lower Puyallup River and portions of the Blair and Hylebos waterways) must meet the
following conditions:
9.10.6.2.1 Submission of NOI, NOT and No Exposure Certification. Copies of the Notice of
Intent (NOI) and Notice of Termination (NOT), and No Exposure Certification shall be
submitted to the Puyallup Tribe's Natural Resources Department.
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9.10.6.2.2 Submission of the SWPPP. A copy of the Stormwater Pollution Plan (SWPPP) shall
be submitted to the Natural Resources Department at least thirty (30) days in advance of
submitting the NOI to EPA.
9.10.6.2.3 Compliance with Tribe's Water Quality Standards. Each permittee shall be
responsible for achieving compliance with the Tribe's Water Quality Standards, including
anti-degradation provisions.
9.10.6.2.4 Submission and Approval of Sampling Plan. A sampling plan shall be submitted to
the Natural Resources Department and approved by the Tribe prior to initiation of
monitoring required under Part 6 of this permit.
9.10.6.2.5 Submission of Monitoring Data and Reports. The results of any monitoring required
by this permit and all reports must be sent to the Natural Resources Department,
including a description of the corrective actions required and undertaken to meet effluent
limits or benchmarks (as applicable).
9.10.6.2.6 Authorization to Inspect. The Natural Resources Department may conduct an
inspection of any facility covered by this permit to ensure compliance with tribal water
quality standards. The Department may enforce its certification conditions.
9.10.6.2.7 Tribal Endangered Species Act Consultation. Consultation with the Tribe that
addresses the effects of your facility's stormwater discharges, allowable non-stormwater
discharges, and stormwater discharge-related activities on federally-listed threatened or
endangered species and designated critical habitat. Information required as part of the
consultation shall include:
• Basis of the determination that your stormwater discharges, allowable non-
stormwater discharges, and stormwater discharge-related activities will not
adversely affect federally-listed as endangered or threatened ("listed") under
the Endangered Species Act (ESA) and will not result in the adverse
modification or destruction of designated critical habitat including appropriate
measures to be undertaken to avoid or eliminate the likelihood of adverse
effects (under Criterion E in Section 1.1.4.5); and
• Notice of Intent form complete with extent of action area, list of federally-
listed threatened or endangered species or designated critical habitat likely to
occur in action area, list of potential pollutants (if you are a new discharger) or
list of pollutants for which you have ever exceeded an applicable benchmark
or effluent limitations guideline, or for which your discharge has ever been
found to cause or contribute to an exceedance of an applicable water quality
standard (if you are an existing discharger).
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9.10.6.2.8 Where to Submit Information. All required or requested documents shall be sent to:
Puyallup Tribe of Indians
Department of Natural Resources
c/o Bill Sullivan and Char Naylor
3009 E. Portland Avenue
Tacoma, Washington 98404
9.10.7 WAR05000F: Federal Facilities in the State of Washington, except those located on
Indian Country lands.
No additional requirements. Deadlines for the submittal of Notices of Intent are listed in
Table 9.10-1.
General Permit
Appendix A
Definitions, Abbreviations and Acronyms
Stormwater Discharges Associated With Industrial Activity – Appendix A A-1
General Permit
Appendix A. Definitions, Abbreviations, and Acronyms (for the purposes of this permit).
Action Area – all areas to be affected directly or indirectly by the stormwater discharges,
allowable non-stormwater discharges, and stormwater discharge-related activities, and not
merely the immediate area involved in these discharges and activities.
Arid Climate – areas where annual rainfall averages from 0 to 10 inches.
Best Management Practices (BMPs) – schedules of activities, practices (and prohibitions of
practices), structures, vegetation, 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. See 40 CFR 122.2.
Co-located Industrial Activities – Any industrial activities, excluding your primary industrial
activity(ies), located on-site that are defined by the stormwater regulations at 122.26(b)(14)(i)-
(ix) and (xi). 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
stormwater regulations or identified by the SIC code list in Appendix D.
Control Measure – refers to any BMP or other method (including effluent limitations) used to
prevent or reduce the discharge of pollutants to waters of the United States.
Director – a Regional Administrator of the Environmental Protection Agency or an authorized
representative. See 40 CFR 122.2.
Discharge – when used without qualification, means the "discharge of a pollutant." See 40 CFR
122.2.
Discharge of a pollutant – any addition of any “pollutant” or combination of pollutants to
“waters of the United States” from any “point source,” or any addition of any pollutant or
combination of pollutants to the waters of the “contiguous zone” or the ocean from any point
source other than a vessel or other floating craft which is being used as a means of transportation.
This includes additions of pollutants into waters of the United States from: surface runoff which
is collected or channeled by man; discharges through pipes, sewers, or other conveyances,
leading into privately owned treatment works. See 40 CFR 122.2.
Discharge-related activities – activities that cause, contribute to, or result in stormwater and
allowable non-stormwater point source discharges, and measures such as the siting, construction
and operation of BMPs to control, reduce, or prevent pollution in the discharges.
Drought-stricken area – a period of below average water content in streams, reservoirs,
ground-water aquifers, lakes and soils.
Stormwater Discharges Associated With Industrial Activity – Appendix A A-2
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EPA Approved or Established Total Maximum Daily Loads (TMDLs) – “EPA Approved
TMDLs” are those that are developed by a State and approved by EPA. “EPA Established
TMDLs” are those that are developed by EPA.
Existing Discharger – an operator applying for coverage under this permit for discharges
authorized previously under an NPDES general or individual permit.
Facility or Activity – any NPDES “point source” (including land or appurtenances thereto) that
is subject to regulation under the NPDES program. See 40 CFR 122.2.
Federal Facility – any buildings, installations, structures, land, public works, equipment,
aircraft, vessels, and other vehicles and property, owned by, or constructed or manufactured for
the purpose of leasing to, the federal government.
Impaired Water (or “Water Quality Impaired Water” or “Water Quality Limited Segment”) – A
water is impaired for purposes of this permit if it has been identified by a State or EPA pursuant
to Section 303(d) of the Clean Water Act as not meeting applicable State water quality standards
(these waters are called “water quality limited segments” under 40 CFR 30.2(j)). Impaired
waters include both waters with approved or established TMDLs, and those for which a TMDL
has not yet been approved or established.
Indian Country – (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. (18 U.S.C. 1151)
Industrial Activity – the 10 categories of industrial activities included in the definition of
“stormwater discharges associated with industrial activity” as defined in 40 CFR
122.26(b)(14)(i)-(ix) and (xi).
Industrial Stormwater – stormwater runoff from industrial activity.
Municipal Separate Storm Sewer – a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
(i) Owned or operated by a State, city, town, borough, county, parish, district, association, or
other public body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, including special districts under
State law such as a sewer district, flood control district or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and
approved management agency under section 208 of the CWA that discharges to waters of
the United States;
Stormwater Discharges Associated With Industrial Activity – Appendix A A-3
General Permit
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2. See 40 CFR 122.26(b)(4) and (b)(7).
New Discharger – a facility from which there is a discharge, that did not commence the
discharge at a particular site prior to August 13, 1979, which is not a new source, and which has
never received a finally effective NPDES permit for discharges at that site. See 40 CFR 122.2.
New Source – any building, structure, facility, or installation from which there is or may be a
“discharge of pollutants,” the construction of which commenced:
• after promulgation of standards of performance under section 306 of the CWA
which are applicable to such source, or
• after proposal of standards of performance in accordance with section 306 of the
CWA which are applicable to such source, but only if the standards are
promulgated in accordance with section 306 within 120 days of their proposal.
See 40 CFR 122.2.
New Source Performance Standards (NSPS) – technology-based standards for facilities that
qualify as new sources under 40 CFR 122.2 and 40 CFR 122.29.
No exposure – all industrial materials or activities are protected by a storm-resistant shelter to
prevent exposure to rain, snow, snowmelt, and/or runoff. See 40 CFR 122.26(g).
Operator – any entity with a stormwater discharge associated with industrial activity that meets
either of the following two criteria:
(i) The entity has operational control over industrial activities, including the ability to
modify those activities; or
(ii) The entity has day-to-day operational control of activities at a facility necessary to
ensure compliance with the permit (e.g., the entity is authorized to direct workers at a
facility to carry out activities required by the permit).
Person – an individual, association, partnership, corporation, municipality, State or Federal
agency, or an agent or employee thereof. See 40 CFR 122.2.
Point source – 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 stormwater runoff. See 40 CFR 122.2.
Stormwater Discharges Associated With Industrial Activity – Appendix A A-4
General Permit
Pollutant – dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged
into water. See 40 CFR 122.2.
Pollutant of concern – A pollutant which causes or contributes to a violation of a water quality
standard, including a pollutant which is identified as causing an impairment in a state's 303(d)
list.
Primary industrial activity – includes any activities performed on-site which are (1) identified
by the facility’s primary SIC code; or (2) included in the narrative descriptions of
122.26(b)(14)(i), (iv), (v), or (vii), and (ix). [For co-located activities covered by multiple SIC
codes, it is recommended that the primary industrial determination be based on the value of
receipts or revenues or, if such information is not available for a particular facility, the number of
employees or production rate for each process may be compared. The operation that generates
the most revenue or employs the most personnel is the operation in which the facility is primarily
engaged. In situations where the vast majority of on-site activity falls within one SIC code, that
activity may be the primary industrial activity.] Narrative descriptions in 40 CFR 122.26(b)(14)
identified above include: (i) activities subject to stormwater effluent limitations guidelines, new
source performance standards, or toxic pollutant effluent standards; (iv) hazardous waste
treatment storage, or disposal facilities including those that are operating under interim status or
a permit under subtitle C of the Resource Conservation and Recovery Act (RCRA); (v) landfills,
land application sites and open dumps that receive or have received industrial wastes; (vii) steam
electric power generating facilities; and (ix) sewage treatment works with a design flow of 1.0
mgd or more.
Qualified Personnel – Qualified personnel are those who possess the knowledge and skills to
assess conditions and activities that could impact stormwater quality at your facility, and who
can also evaluate the effectiveness of control measures.
Reportable Quantity Release – a release of a hazardous substance at or above the established
legal threshold that requires emergency notification. Refer to 40 CFR Parts 110, 117, and 302 for
complete definitions and reportable quantities for which notification is required.
Runoff coefficient – the fraction of total rainfall that will appear at the conveyance as runoff.
See 40 CFR 122.26(b)(11).
Semi-Arid Climate – areas where annual rainfall averages from 10 to 20 inches.
Significant materials – includes, but is not limited to: raw materials; fuels; materials such as
solvents, detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated under section
101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of
Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges. See 40 CFR 122.26(b)(12).
Stormwater Discharges Associated With Industrial Activity – Appendix A A-5
General Permit
Special Aquatic Sites – sites identified in 40 CFR 230 Subpart E. These 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.
Stormwater – stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40
CFR 122.26(b)(13).
Stormwater Discharges Associated with Construction Activity – a discharge of pollutants in
stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or
excavating), construction materials, or equipment storage or maintenance (e.g., fill piles, borrow
areas, concrete truck washout, fueling), or other industrial stormwater 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).
Stormwater Discharges Associated with Industrial Activity – the discharge from any
conveyance that is used for collecting and conveying stormwater and that is directly related to
manufacturing, processing or raw materials storage areas at an industrial plant. The term does not
include discharges from facilities or activities excluded from the NPDES program under Part
122. For the categories of industries identified in this section, the term includes, but is not limited
to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used
or traveled by carriers of raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites; sites used for the application
or disposal of process waste waters (as defined at part 401 of this chapter); sites used for the
storage and maintenance of material handling equipment; sites used for residual treatment,
storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate and final products; and areas where
industrial activity has taken place in the past and significant materials remain and are exposed to
stormwater. For the purposes of this paragraph, material handling activities include storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product,
final product, by-product or waste product. The term excludes areas located on plant lands
separate from the plant's industrial activities, such as office buildings and accompanying parking
lots as long as the drainage from the excluded areas is not mixed with stormwater drained from
the above described areas. Industrial facilities include those that are federally, State, or
municipally owned or operated that meet the description of the facilities listed in 40 CFR
122.26(b)(14). The term also includes those facilities designated under the provisions of 40 CFR
122.26(a)(1)(v). See 40 CFR 122.26(b)(14).
Tier 2 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), Tier 2 waters
are characterized as having water quality that exceeds the levels necessary to support
propagation of fish, shellfish, and wildlife and recreation in and on the water.
Tier 2.5 Waters – For antidegradation purposes, Tier 2.5 waters are those waters designated by
States or Tribes as neither Tier 2 nor Tier 3. States have special requirements for these waters.
Stormwater Discharges Associated With Industrial Activity – Appendix A A-6
General Permit
These waters are given a level of protection equal to and above that given to Tier 2 waters, but
less than that given Tier 3 waters.
Tier 3 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters
are identified by states as having high quality waters constituting an Outstanding Natural
Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges,
and waters of exceptional recreational or ecological significance.
Total Maximum Daily Loads (TMDLs) – 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. A TMDL includes wasteload allocations
(WLAs) for point source discharges; load allocations (LAs) for nonpoint sources and/or natural
background, and must include a margin of safety (MOS) and account for seasonal variations.
(See section 303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7).
Water Quality Impaired – See ‘Impaired Water’.
Water Quality Standards – A water quality standard defines the water quality goals of a water
body, or portion thereof, by designating the use or uses to be made of the water and by setting
criteria necessary to protect the uses. States and EPA adopt water quality standards to protect
public health or welfare, enhance the quality of water and serve the purposes of the Clean Water
Act (See CWA sections 101(a)2 and 303(c)). Water quality standards also include an
antidegradation policy. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al,
511 US 701, 705 (1994).
“You” and “Your” – as used in this permit are 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.
A.2. ABBREVIATIONS AND ACRONYMS
BAT – Best Available Technology Economically Achievable
BOD5 – Biochemical Oxygen Demand (5-day test)
BMP – Best Management Practice
BPJ – Best Professional Judgment
BPT – Best Practicable Control Technology Currently Available
CERCLA – Comprehensive Environmental Response, Compensation and Liability Act
Stormwater Discharges Associated With Industrial Activity – Appendix A A-7
General Permit
CGP – Construction General Permit
COD – Chemical Oxygen Demand
CWA – Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
CWT – Centralized Waste Treatment
DMR – Discharge Monitoring Report
EPA – U. S. Environmental Protection Agency
ESA – Endangered Species Act
FWS – U. S. Fish and Wildlife Service
LA – Load Allocations
MDMR – MSGP Discharge Monitoring Report
MGD – Million Gallons per Day
MOS – Margin of Safety
MS4 – Municipal Separate Storm Sewer System
MSDS – Material Safety Data Sheet
MSGP – Multi-Sector General Permit
NAICS – North American Industry Classification System
NEPA – National Environmental Policy Act
NHPA – National Historic Preservation Act
NMFS – U. S. National Marine Fisheries Service
NOI – Notice of Intent
NOT – Notice of Termination
NPDES – National Pollutant Discharge Elimination System
NRC – National Response Center
Stormwater Discharges Associated With Industrial Activity – Appendix A A-8
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix A A-9
NRHP – National Register of Historic Places
NSPS – New Source Performance Standard
NTU – Nephelometric Turbidity Unit
OMB – U. S. Office of Management and Budget
ORW – Outstanding Resource Water
OSM – U. S. Office of Surface Mining
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
RQ – Reportable Quantity
SARA – Superfund Amendments and Reauthorization Act
SHPO – State Historic Preservation Officer
SIC – Standard Industrial Classification
SMCRA – Surface Mining Control and Reclamation Act
SPCC – Spill Prevention, Control, and Countermeasures
SWPPP – Stormwater Pollution Prevention Plan
THPO – Tribal Historic Preservation Officer
TMDL – Total Maximum Daily Load
TSDF – Treatment, Storage, or Disposal Facility
TSS – Total Suspended Solids
USGS – United States Geological Survey
WLA – Wasteload Allocation
WQS – Water Quality Standard
General Permit
Appendix B
Standard Permit Conditions
Stormwater Discharges Associated With Industrial Activity – Appendix B B-1
General Permit
Appendix B. Standard Permit Conditions.
Standard permit conditions in Appendix B are consistent with the general permit provisions
required under 40 CFR 122.41.
B.1 Duty To Comply.
You must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application.
A. You must comply with effluent standards or prohibitions established under section 307(a)
of the Clean Water Act for toxic pollutants within the time provided in the regulations
that establish these standards, even if the permit has not yet been modified to incorporate
the requirement.
B. 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 (61 FR 252, December 31, 1996, pp. 69359-69366, as
corrected in 62 FR 54, March 20, 1997, pp.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 4 years thereafter and to adjust them as necessary for
inflation according to a specified formula. The civil and administrative penalties
following were adjusted for inflation starting in 1996.
1. Criminal Penalties.
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 criminal penalties of not less than $2,500
nor more than $25,000 per day of violation, or imprisonment of not more
than one year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not
more than $50,000 per day of violation or by imprisonment of not more than
two years, or both.
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. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not
more than $100,000 per day of violation, or imprisonment of not more than
6 years, or both.
Stormwater Discharges Associated With Industrial Activity – Appendix B B-2
General Permit
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 or she is
placing another person in imminent danger of death or serious bodily injury
shall upon conviction be subject to a fine of not more than $250,000 or by
imprisonment of not more than 15 years, or both. In the case of a second or
subsequent conviction for a knowing endangerment violation, a person shall
be subject to a fine of not more than $500,000 or by imprisonment of not
more than 30 years, or both. An organization, as defined in section
309(c)(3)(B)(iii) of the Act, shall, upon conviction of violating the imminent
danger provision be subject to a fine of not more than $1,000,000 and can
fined up to $2,000,000 for second or subsequent convictions.
1.4. False Statement. The CWA provides that any person who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both. The Act further provides
that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of
compliance or non-compliance shall, upon conviction, be punished by a fine
of not more than $10,000 per violation, or by imprisonment for not more
than 6 months per violation, or by both.
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
the maximum amounts authorized
by Section 309(d) of the Act and the Federal Civil Penalties Inflation
Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. § 3701 note) (currently $32,500 per day for each
violation).
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
3.1. Class I Penalty. Not to exceed the maximum amounts authorized by Section
309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment
Act (28 U.S.C. § 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed
$32,500).
Stormwater Discharges Associated With Industrial Activity – Appendix B B-3
General Permit
3.2. Class II Penalty. Not to exceed the maximum amounts authorized by
Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation
Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 per day for
each day during which the violation continues, with the maximum amount
of any Class II penalty not to exceed $157,500).
B.2 Duty to Reapply.
If you wish to continue an activity regulated by this permit after the expiration date of this
permit, you must apply for and obtain authorization as required by the new permit once EPA
issues it.
B.3 Need to Halt or Reduce Activity Not a Defense.
It shall not be a defense for you 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.
B.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.
B.5 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. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the
operation of backup or auxiliary facilities or similar systems which are installed by you only
when the operation is necessary to achieve compliance with the conditions of this permit.
B.6 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 termination, or a notification of
planned changes or anticipated noncompliance does not stay any permit condition.
B.7 Property Rights.
This permit does not convey any property rights of any sort, or any exclusive privileges.
Stormwater Discharges Associated With Industrial Activity – Appendix B B-4
General Permit
B.8 Duty to Provide Information.
You must furnish to EPA or an authorized representative (including an authorized contractor
acting as a representative of EPA), within a reasonable time, any information which EPA may
request to determine whether cause exists for modifying, revoking and reissuing, or terminating
this permit or to determine compliance with this permit. You must also furnish to EPA or an
authorized representative upon request, copies of records required to be kept by this permit.
B.9 Inspection and Entry.
You must allow EPA or an authorized representative (including an authorized contractor acting
as a representative of EPA), upon presentation of credentials and other documents as may be
required by law, to:
A. Enter upon your premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
B. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
B.10 Monitoring and Records.
A. Samples and measurements taken for the purpose of monitoring must be representative of
the volume and nature of the monitored activity.
B. You must retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used
to complete the application for this permit, for a period of at least three years from the
date the permit expires or the date the permittee’s authorization is terminated. This period
may be extended by request of EPA at any time.
C. Records of monitoring information must include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
Stormwater Discharges Associated With Industrial Activity – Appendix B B-5
General Permit
3. The date(s) analyses were performed
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
D. Monitoring must be conducted according to test procedures approved under 40 CFR Part
136, unless other test procedures have been specified in the permit.
E. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a person is for a
violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment
of not more than 4 years, or both.
B.11 Signatory Requirements.
A. All applications, including NOIs, must be signed as follows:
1. For a corporation: By a responsible corporate officer. For the purpose of this
subsection, a responsible corporate officer means: (i) 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 (ii) 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.
2. For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
3. For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this subsection, a
principal executive officer of a federal agency includes (i) the chief executive
officer of the agency, or (ii) a senior executive officer having responsibility for
Stormwater Discharges Associated With Industrial Activity – Appendix B B-6
General Permit
the overall operations of a principal geographic unit of the agency (e.g.,
Regional Administrator of EPA).
B. Your SWPPP, including changes to your SWPPP to document any corrective actions
taken as required by Part 3.1, and all reports submitted to EPA, must be signed by a
person described in Appendix B, Subsection 11.A above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described in Appendix B,
Subsection 11.A;
2. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity such
as the position of plant manager, operator of a well or a well field,
superintendent, 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); and
3. The signed and dated written authorization is included in the SWPPP. A copy
must be submitted to EPA, if requested.
C. All other changes to your SWPPP, and other compliance documentation required under
Part 5.4, must be signed and dated by the person preparing the change or documentation.
D. Changes to Authorization. If an authorization under Appendix B, Subsection 11.B is no
longer accurate because the industrial facility has been purchased by a different entity, a
new NOI satisfying the requirements of Subsection 11.B must be submitted to EPA. See
Table 1-2 in Part 1.3.1 of the permit. However, if the only change that is occurring is a
change in contact information or a change in the facility’s address, the operator need only
make a modification to the existing NOI submitted for authorization.
E. Any person signing documents in accordance with Appendix B, Subsections 11.A or
11.B above must include 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
contained therein. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the
information contained 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.”
Stormwater Discharges Associated With Industrial Activity – Appendix B B-7
General Permit
F. The CWA provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
non-compliance shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than 6 months per violation, or by both.
B.12 Reporting Requirements.
A. Planned changes. You must give notice to EPA as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
1. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR 122.29(b); or
2. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which
are subject neither to effluent limitations in the permit, nor to notification
requirements under 40 CFR 122.42(a)(1).
B. Anticipated noncompliance. You must give advance notice to EPA of any planned
changes in the permitted facility or activity which may result in noncompliance with
permit requirements.
C. Transfers. This permit is not transferable to any person except after notice to EPA. Where
a facility wants to change the name of the permittee, the original permittee (the first
owner or operators) must submit a Notice of Termination pursuant to Part 1.4. The new
owner or operator must submit a Notice of Intent in accordance with Part 1.3.1 and Table
1-2. See also requirements in Appendix B, Subsections 11.B and 11.D.
D. Monitoring reports. Monitoring results must be reported at the intervals specified
elsewhere in this permit.
1. Pursuant to Part 7.1, all monitoring data collected pursuant to Part 6.2 and 6.3
must be submitted to EPA using EPA’s online eNOI system
(www.epa.gov/npdes/eNOI
). Alternatively, if you cannot access eNOI,
monitoring results should be reported on the MSGP Discharge Monitoring
Report (MDMR) form, available at www.epa.gov/npdes/stormwater/msgp
, and
submitted to EPA.
2. If you monitor any pollutant more frequently than required by the permit using
test procedures approved under 40 CFR Part 136 or as specified in the permit,
the results of this monitoring must be included in the calculation and reporting
of the data submitted in the MDMR.
3. Calculations for all limitations which require averaging of measurements must
use an arithmetic mean. For averaging purposes, use a value of zero for any
Stormwater Discharges Associated With Industrial Activity – Appendix B B-8
General Permit
individual sample parameter, which is determined to be less than the method
detection limit. For sample values that fall between the method detection level
and the quantitation limit (i.e., a confirmed detection but below the level that
can be reliably quantified), use a value halfway between zero and the
quantitation limit.
E. Compliance schedules. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this
permit must be submitted no later than 14 days following each schedule date.
F. Twenty-four hour reporting.
1. You must report any noncompliance which may endanger health or the
environment. Any information must be provided orally within 24 hours from the
time you become aware of the circumstances. A written submission must also
be provided within five days of the time you become aware of the
circumstances. The written submission must contain a description of the
noncompliance and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
2. The following shall be included as information which must be reported within
24 hours under this paragraph.
a. Any unanticipated bypass which exceeds any effluent limitation in the
permit. (See 40 CFR 122.41(m)(3)(ii))
b. Any upset which exceeds any effluent limitation in the permit
c. Violation of a maximum daily discharge limit for any numeric effluent
limitation. (See 40 CFR 122.44(g).)
3. EPA may waive the written report on a case-by-case basis for reports under
Appendix B, Subsection 12.F.2 if the oral report has been received within 24
hours.
G. Other noncompliance. You must report all instances of noncompliance not reported under
Appendix B, Subsections 12.D, 12.E, and 12.F, at the time monitoring reports are
submitted. The reports must contain the information listed in Appendix B, Subsection
12.F.
H. Other information. Where you become aware that you failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit application or in
any report to the Permitting Authority, you must promptly submit such facts or
information.
Stormwater Discharges Associated With Industrial Activity – Appendix B B-9
General Permit
B.13 Bypass.
A. Definitions.
1. Bypass means the intentional diversion of waste streams from any portion of a
treatment facility See 40 CFR 122.41(m)(1)(i).
2. Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production. See 40 CFR
122.41(m)(1)(ii).
B. Bypass not exceeding limitations. You may allow any bypass to occur which does not
cause effluent limitations to be exceeded, but only if it also is for essential maintenance to
assure efficient operation. These bypasses are not subject to the provisions of Appendix
B, Subsections 13.C and 13.D. See 40 CFR 122.41(m)(2).
C. Notice.
1. Anticipated bypass. If you know in advance of the need for a bypass, you must
submit prior notice, if possible at least ten days before the date of the bypass.
See 40 CFR 122.41(m)(3)(i).
2. Unanticipated bypass. You must submit notice of an unanticipated bypass as
required in Appendix B, Subsection 12.F (24-hour notice). See 40 CFR
122.41(m)(3)(ii).
D. Prohibition of bypass. See 40 CFR 122.41(m)(4).
1. Bypass is prohibited, and EPA may take enforcement action against you for
bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
Stormwater Discharges Associated With Industrial Activity – Appendix B B-10
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix B B-11
c. You submitted notices as required under Appendix B, Subsection 13.C.
2. EPA may approve an anticipated bypass, after considering its adverse effects, if
EPA determines that it will meet the three conditions listed above in Appendix
B, Subsection 13.D.1.
B.14 Upset.
A. Definition. Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond your reasonable control. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
See 40 CFR 122.41(n)(1).
B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements
of Appendix B, Subsection 14.C are met. No determination made during administrative
review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review. See 40 CFR
122.41(n)(2).
C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). A
permittee who wishes to establish the affirmative defense of upset must demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
1. An upset occurred and that you can identify the cause(s) of the upset;
2. The permitted facility was at the time being properly operated; and
3. You submitted notice of the upset as required in Appendix B, Subsection
12.F.2.b (24 hour notice).
4. You complied with any remedial measures required under Appendix B,
Subsection 4.
D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the
occurrence of an upset, have the burden of proof. See 40 CFR 122.41(n)(4).
General Permit
Appendix C
Areas Covered
Stormwater Discharges Associated With Industrial Activity – Appendix C C-1
General Permit
Appendix C. Permit Area.
EPA can only provide permit coverage in these areas and for classes of discharges that are
outside the scope of a State’s NPDES program authorization.
C.1 EPA Region 1: Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island,
Vermont.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 1:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
CTR05000I Indian Country within the State of Connecticut
MAR050000 Commonwealth of Massachusetts, except Indian Country
MAR05000I Indian Country within the Commonwealth of Massachusetts
NHR050000 State of New Hampshire
RIR05000I Indian Country within the State of Rhode Island
VTR05000F Federal facilities in the State of Vermont
For stormwater discharges in EPA Region 1 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.2 EPA Region 2: New Jersey, New York, Puerto Rico, Virgin Islands.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 2:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
PRR050000 Commonwealth of Puerto Rico
For stormwater discharges in EPA Region 2 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.3 EPA Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
West Virginia.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 3:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
DCR050000 District of Columbia
DER05000F Federal facilities in the State of Delaware
Stormwater Discharges Associated With Industrial Activity – Appendix C C-2
General Permit
For stormwater discharges in EPA Region 3 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.4 EPA Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee (Coverage not available under this permit).
For stormwater discharges in EPA Region 4, please contact your State NPDES permitting
authority to obtain coverage under a State-issued NPDES permit.
C.5 EPA Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 5:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
MIR05000I Indian Country within the State of Michigan
MNR05000I Indian Country within the State of Minnesota
WIR05000I Indian Country within the State of Wisconsin, except those on Sokaogon
Chippewa Community lands
For stormwater discharges in EPA Region 5 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.6 EPA Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see
Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands).
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 6:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
LAR05000I Indian Country within the State of Louisiana
NMR050000 The State of New Mexico, except Indian Country
NMR05000I Indian Country within the State of New Mexico, except Ute Mountain
Reservation lands that are covered under Colorado permit COR05000I listed in
Part C.8 and Navajo Reservation lands that are covered under Arizona permit
AZR05000I listed in Part C.9.
OKR05000I Indian Country within the State of Oklahoma
OKR05000F Facilities in the State of Oklahoma not under the jurisdiction of the Oklahoma
Department of Environmental Quality, except those on Indian Country. EPA
jurisdiction facilities include SIC Codes 1311, 1381, 1382, 1389, and 5171 and
point source (but not nonpoint source) discharges associated with agricultural
production, services, and silviculture.
Stormwater Discharges Associated With Industrial Activity – Appendix C C-3
General Permit
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
TXR05000F Facilities in the State of Texas not under the jurisdiction of the Texas Commission
on Environmental Quality, except those on Indian Country. EPA-jurisdiction
facilities include SIC Codes 1311, 1321, 1381, 1382, and 1389 (other than oil
field service company “home base” facilities).
TXR05000I Indian Country within the State of Texas
For stormwater discharges in EPA Region 6 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.7 EPA Region 7: Iowa, Kansas, Missouri, Nebraska (Coverage not available
under
this permit).
For stormwater discharges in EPA Region 7, please contact EPA Region 7 or your State NPDES
permitting authority to obtain coverage under a State-issued NPDES permit.
C.8 EPA Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah
(Coverage not available under this permit).
For stormwater discharges in EPA Region 8 please contact EPA Region 8 or your State NPDES
permitting authority to obtain coverage under an NPDES permit.
C.9 EPA Region 9: California, Hawaii, Nevada, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Confederated Tribes of the Goshute
Reservation in Utah and Nevada, Indian Country within the State of Arizona including the
Navajo Reservation in Utah and New Mexico and Arizona, the Duck Valley Reservation in
Idaho, and the Fort McDermitt Reservation in Oregon.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 9:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
ASR050000 The islands of American Samoa
AZR05000I Indian Country within the State of Arizona, including Navajo Reservation lands in
New Mexico and Utah
CAR05000I Indian Country within the State of California
GUR050000 The island of Guam
JAR050000 Johnston Atoll
MWR050000 Midway Island and Wake Island
NIR050000 Commonwealth of the Northern Mariana Islands
NVR05000I Indian Country within the State of Nevada, including the Duck Valley
Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the
Confederated Tribes of the Goshute Reservation in Utah
Stormwater Discharges Associated With Industrial Activity – Appendix C C-4
General Permit
For stormwater discharges in EPA Region 9 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
C.10 Region 10: Alaska, Idaho (except see Region 9 for Duck Valley Reservation lands),
Oregon (except see Region 9 for Fort McDermitt Reservation), Washington.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 10:
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
AKR050000 The State of Alaska, except Indian Country lands
AKR05000I Indian Country lands within Alaska
IDR050000 The State of Idaho, except Indian Country lands
IDR05000I Indian Country lands within the State of Idaho, except Duck Valley Reservation
lands, which are covered under Nevada permit NVR05000I listed in Part C.9
ORR05000I Indian Country lands within the State of Oregon, except Fort McDermitt
Reservation lands, which are covered under Nevada permit NVR05000I listed in
Part C.9
WAR05000I Indian Country lands within the State of Washington
WAR05000F Federal facilities in the State of Washington, except those located on Indian
Country lands
For stormwater discharges in EPA Region 10 outside the areas of coverage identified above,
please contact your State NPDES permitting authority to obtain coverage under a State-issued
NPDES permit.
Stormwater Discharges Associated With Industrial Activity – Appendix C C-5
General Permit
Appendix D
Activities Covered
Stormwater Discharges Associated With Industrial Activity – Appendix D D-1
General Permit
Appendix D. Facilities and Activities Covered
Your permit eligibility is limited to discharges from facilities in the “sectors” of industrial
activity summarized in Table D-1. These sector descriptions are based on Standard Industrial
Classification (SIC) Codes and Industrial Activity Codes. References to “sectors” in this permit
(e.g., sector-specific monitoring requirements) refer to these groupings.
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
SECTOR A: TIMBER PRODUCTS
A1 2421 General Sawmills and Planing Mills
A2 2491 Wood Preserving
A3 2411 Log Storage and Handling
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 Wood Pallets and Skids
2449 Wood Containers, Not Elsewhere Classified
2451, 2452 Wood Buildings and Mobile Homes
2493 Reconstituted Wood Products
A4
2499 Wood Products, Not Elsewhere Classified
A5 2441 Nailed and Lock Corner Wood Boxes and Shook
SECTOR B: PAPER AND ALLIED PRODUCTS
B1 2631 Paperboard Mills
2611 Pulp Mills
2621 Paper Mills
2652-2657 Paperboard Containers and Boxes
B2
2671-2679 Converted Paper and Paperboard Products, Except Containers and Boxes
SECTOR C: CHEMICALS AND ALLIED PRODUCTS
C1 2873-2879 Agricultural Chemicals
C2 2812-2819 Industrial Inorganic Chemicals
C3 2841-2844
Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and
Other Toilet Preparations
C4 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; and Biological
Products, Except Diagnostic Substances
C5
2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products
Stormwater Discharges Associated With Industrial Activity – Appendix D D-2
General Permit
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
2861-2869 Industrial Organic Chemicals
2891-2899 Miscellaneous Chemical Products
3952
(limited to list of
inks and paints)
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
2911 Petroleum Refining
SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND LUBRICANTS
D1 2951, 2952 Asphalt Paving and Roofing Materials
D2 2992, 2999 Miscellaneous Products of Petroleum and Coal
SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
3251-3259 Structural Clay Products
E1
3261-3269 Pottery and Related Products
E2 3271-3275 Concrete, Gypsum, and Plaster Products
3211 Flat Glass
3221, 3229 Glass and Glassware, Pressed or Blown
3231 Glass Products Made of Purchased Glass
3241 Hydraulic Cement
3281 Cut Stone and Stone Products
E3
3291-3299 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products
SECTOR F: PRIMARY METALS
F1 3312-3317 Steel Works, Blast Furnaces, and Rolling and Finishing Mills
F2 3321-3325 Iron and Steel Foundries
F3 3351-3357 Rolling, Drawing, and Extruding of Nonferrous Metals
F4 3363-3369 Nonferrous Foundries (Castings)
3331-3339 Primary Smelting and Refining of Nonferrous Metals
3341 Secondary Smelting and Refining of Nonferrous Metals
F5
3398, 3399 Miscellaneous Primary Metal Products
SECTOR G: METAL MINING (ORE MINING AND DRESSING)
G1 1021 Copper Ore and Mining Dressing Facilities
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
G2
1094, 1099 Miscellaneous Metal Ores
Stormwater Discharges Associated With Industrial Activity – Appendix D D-3
General Permit
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
SECTOR H: COAL MINES AND COAL MINING-RELATED FACILITIES
H1 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
I1
1381-1389 Oil and Gas Field Services
SECTOR J: MINERAL MINING AND DRESSING
1442 Construction Sand and Gravel
J1
1446 Industrial Sand
1411 Dimension Stone
1422-1429 Crushed and Broken Stone, Including Rip Rap
1481 Nonmetallic Minerals Services, Except Fuels
J2
1499 Miscellaneous Nonmetallic Minerals, Except Fuels
1455, 1459 Clay, Ceramic, and Refractory Materials
J3
1474-1479 Chemical and Fertilizer Mineral Mining
SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
K1 HZ
Hazardous Waste Treatment, Storage, or Disposal Facilities, including
those that are operating under interim status or a permit under subtitle C
of RCRA
SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
L1 LF All Landfill, Land Application Sites and Open Dumps
L2 LF
All Landfill, Land Application Sites and Open Dumps, except Municipal
Solid Waste Landfill (MSWLF) Areas Closed in Accordance with 40
CFR 258.60
SECTOR M: AUTOMOBILE SALVAGE YARDS
M1 5015 Automobile Salvage Yards
SECTOR N: SCRAP RECYCLING FACILITIES
N1 5093
Scrap Recycling and Waste Recycling Facilities except Source-Separated
Recycling
N2 5093 Source-separated Recycling Facility
SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
O1 SE Steam Electric Generating Facilities, including coal handling sites
SECTOR P: LAND TRANSPORTATION AND WAREHOUSING
4011, 4013 Railroad Transportation
4111-4173 Local and Highway Passenger Transportation
4212-4231 Motor Freight Transportation and Warehousing
P1
4311 United States Postal Service
Stormwater Discharges Associated With Industrial Activity – Appendix D D-4
General Permit
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
5171 Petroleum Bulk Stations and Terminals
SECTOR Q: WATER TRANSPORTATION
Q1 4412-4499 Water Transportation Facilities
SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS
R1 3731, 3732 Ship and Boat Building or Repairing Yards
SECTOR S: AIR TRANSPORTATION FACILITIES
S1 4512-4581 Air Transportation Facilities
SECTOR T: TREATMENT WORKS
T1 TW
Treatment Works treating domestic sewage or any other sewage sludge
or wastewater treatment device or system, used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage, including
land dedicated to the disposal of sewage sludge that are located within
the confines of the facility, with a design flow of 1.0 mgd or more, or
required to have an approved pretreatment program under 40 CFR Part
403. Not included are farm lands, domestic gardens or lands used for
sludge management where sludge is beneficially reused and which are
not physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA
SECTOR U: FOOD AND KINDRED PRODUCTS
U1 2041-2048 Grain Mill Products
U2 2074-2079 Fats and Oils Products
2011-2015 Meat Products
2021-2026 Dairy Products
2032-2038 Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties
2051-2053 Bakery Products
2061-2068 Sugar and Confectionery Products
2082-2087 Beverages
2091-2099 Miscellaneous Food Preparations and Kindred Products
U3
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
V1
3131-3199
Leather and Leather Products (note: see Sector Z1 for Leather Tanning
and Finishing)
SECTOR W: FURNITURE AND FIXTURES
2434 Wood Kitchen Cabinets
W1
2511-2599 Furniture and Fixtures
Stormwater Discharges Associated With Industrial Activity – Appendix D D-5
General Permit
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
SECTOR X: PRINTING AND PUBLISHING
X1 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 Plastic Hoses and
Belting
Y1
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 –
see Sector C)
Pens, Pencils, and Other Artists’ Materials
3961, 3965
Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous
Notions, Except Precious Metal
Y2
3991-3999 Miscellaneous Manufacturing Industries
SECTOR Z: LEATHER TANNING AND FINISHING
Z1 3111 Leather Tanning and Finishing
SECTOR AA: FABRICATED METAL PRODUCTS
3411-3499
(except 3479)
Fabricated Metal Products, Except Machinery and Transportation
Equipment, and Coating, Engraving, and Allied Services.
AA1
3911-3915 Jewelry, Silverware, and Plated Ware
AA2 3479 Fabricated Metal Coating and Engraving
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)
AB1
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
3812-3873
Measuring, Analyzing, and Controlling Instruments; Photographic and
Optical Goods, Watches, and Clocks
AC1
3612-3699
Electronic and Electrical Equipment and Components, Except Computer
Equipment
Stormwater Discharges Associated With Industrial Activity – Appendix D D-6
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix D D-7
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject to
more than one
sector/subsector)
SIC Code or
Activity Code
1
Activity Represented
SECTOR AD: NON-CLASSIFIED FACILITIES
AD1
Other stormwater discharges designated by the Director as needing a permit (see 40 CFR
122.26(a)(9)(i)(C) & (D)) or any facility discharging stormwater associated with industrial
activity not described by any of Sectors A-AC. NOTE: Facilities may not elect to be covered
under Sector AD. Only the Director may assign a facility to Sector AD.
1
A complete list of SIC Codes (and conversions from the newer North American Industry
Classification System” (NAICS)) can be obtained from the Internet at
www.census.gov/epcd/www/naics.html or in paper form from various locations in the document
titled Handbook of Standard Industrial Classifications, Office of Management and Budget, 1987.
General Permit
Appendix E
Procedures Relating to Endangered Species Protection
Stormwater Discharges Associated With Industrial Activity – Appendix E E-1
General Permit
Appendix E. Procedures Relating to Endangered Species Protection
E.1 Assessing the Effects of Your Discharge and Discharge-Related Activities
You must follow the procedures in this appendix to assess the potential effects of
applicable stormwater discharges, discharge-related activities, and allowable non-stormwater
discharges on listed species and their critical habitat and determine which of the eligibility
criterion (see Part E.2), if any, you qualify under. In accordance with Part 5.1.6.1 of this permit,
you must keep documentation with your SWPPP to support your determination of eligibility
under Part 1.1.4.5, including the process employed and results of the endangered species
investigation.
If you are seeking renewal of coverage under the MSGP, you must complete this analysis
using any data collected when your site was fully active and operational, even if you are now
claiming that your site is inactive and no industrial materials or activities are exposed to
stormwater. If no such data exist for your facility, you should utilize the best available
information from any industrial facility(ies) expected to discharge substantially similar effluents,
based on the similarities of the general industrial activity, control measures, and runoff
coefficients of their drainage areas. You should contact EPA if you need assistance in obtaining
data from a facility with a substantially similar effluent.
When evaluating the potential effects of your activities, you must consider effects to
listed species or critical habitats within the “action area.” Action area is defined in Appendix B
as all areas affected directly or indirectly by the stormwater discharges, allowable non-
stormwater discharges, and stormwater discharge-related activities, and not merely the
immediate area involved in these discharges and activities. This includes areas beyond the
footprint of the facility that are likely to be affected by stormwater discharges, discharge-related
activities, and allowable non-stormwater discharges. For example, normal construction,
operations and maintenance activities can result in noise impacts and discharges of pollutants
into downstream areas which can increase the “action area” beyond the footprint of the facility.
“Facility” is defined in Appendix A.
Step One: Determine if the Eligibility Requirements of Criterion B, C, or F Can Be Met.
You should first determine whether you are eligible under Criteria B, C, or F because of a
previously completed ESA section 7 consultation, a previously issued ESA Section 10 permit, or
because your activities were already addressed in another discharger’s certification of eligibility
as follows:
i. The effects of your activities have been addressed in a consultation under ESA
Section 7 on a separate Federal action (check box B corresponding to Criterion
B).
ii. The effects of your activities have been addressed through approval of a Habitat
Conservation Plan under Section 10 of the ESA (check box C corresponding to
Criterion C). Stormwater discharges from your industrial facility may be
Stormwater Discharges Associated With Industrial Activity – Appendix E E-2
General Permit
authorized by this MSGP if some activity is authorized through the issuance of a
permit under section 10 of the ESA and that authorization addressed the effects of
your stormwater discharges on federally-listed species and designated critical
habitat. You must follow U.S. Fish and Wildlife Service (FWS) and/or National
Marine Fisheries Service, also known as NOAA Fisheries (NMFS) procedures
when applying for an ESA Section 10 permit (see 50 CFR 17.22(b)(1) for FWS
and 222.22 for NMFS). Application instructions for section 10 permits for FWS
and NMFS can be obtained by accessing the FWS and NMFS websites
(www.fws.gov
and www.nmfs.noaa.gov) or by contacting the appropriate FWS
and NMFS regional office.
iii. You are covered under the eligibility certification of another operator for the
project area (check box F corresponding to Criterion F). Your stormwater
discharges, discharge-related activities, and allowable non-stormwater discharges
were already addressed in another discharger’s certification of eligibility under
Criteria A, B, C, D, or E, which also included your facility and determined that
federally listed endangered or threatened species or designated critical habitat
would not be jeopardized. To certify eligibility under this criterion there must be
no lapse of coverage in the other operator’s certification. By certifying eligibility
under Criterion F, you agree to comply with any measures or controls upon which
the other discharge certification under Criterion B, C, or D was based. If your
certification is based on another operator’s certification under Criterion E, that
certification is valid only if you have documentation showing that the other
operator had certified under Criterion E, and you provide EPA with the relevant
supporting information in your NOI form. Certification under Criterion F is
discussed in more detail in the Fact Sheet that accompanies this permit.
Step Two: Determine if Listed Threatened or Endangered Species and Critical Habitat are
Present in the Action Area.
Next, you should first determine whether federally-listed species are likely to occur in
your action area. If you determine that there is a federally-listed species likely to occur in your
action area, follow Step 3. If you determine that there are no federally-listed species likely to
occur in your action area, you can certify that the facility meets Criteria A (check box A
corresponding to Criteria A).
You can do this by obtaining a list of threatened and endangered species that are likely to
occur in your general area, including the appropriate receiving water for your discharges.
County-specific or sometimes township-specific lists of Federally threatened and endangered
species are available from the local offices of FWS, and NMFS, or on their internet sites. The
types of species that are likely to be present determine which Service office you should contact
(in general, NMFS has jurisdiction over marine, estuarine, and anadromous species). Visit
www.epa.gov/npdes/stormwater/cgp
to find the appropriate site for your state or check with your
local Service office. If there are listed species in your county or township, you must then
determine, as best you are able, whether any of the species are likely to occur in your action area
Stormwater Discharges Associated With Industrial Activity – Appendix E E-3
General Permit
(use the Services or State and Tribal Heritage Centers, as necessary). General species
information can be found at www.fws.gov/endangered.wildlife.html.
You must also check to see if critical habitat has been designated and whether such areas
overlap your action area. Critical habitat should be listed on the species list for your county or
township available from the appropriate Service office. You can also find critical habitat
designations at 50 CFR Parts 17 and 226 www.access.gpo.gov and at
www.fws.gov/endangered/wildlife.html.
If there are no listed species and no critical habitat areas that overlap your action area, or
if your local FWS or NMFS indicates that listed species are not likely to occur in your action
area, you have satisfied your eligibility obligations under Criterion A (check box A on the Notice
of Intent Form). If there are listed species and if you determine or your local FWS, NMFS, or
State or Tribal Heritage Center indicates that these species could occur in the action area, you
will need to evaluate whether your action area supports habitat(s) that are suitable for listed
species or the constituent elements of critical habitat. Your evaluation may utilize one or more
of the following approaches:
Gather information about the species and critical habitat that are likely to occur in your
action area (www.fws.gov/endangered/wildlife.html). Conduct a visual inspection of the action
area to assess the potential presence of listed species and their habitats. Compare the size and
types of habitats available in your action area and adjacent areas with the size and types of
habitats used by listed species and constituent elements of critical habitat. This method may be
particularly suitable for facilities where the action area is smaller in size or located in non-natural
settings such as highly urbanized areas or industrial parks where there is little or no natural
habitat, or for facilities that discharge directly into municipal separate storm sewer systems.
Conduct a formal biological survey (typically performed by environmental consulting
firms). In some cases, biological surveys may be an appropriate way to assess whether species
are likely to be located in the action area and whether there could be adverse effects to such
species. A biological survey may in some cases be useful in conjunction with Steps Two, Three
or Four of these instructions. However, biological surveys can often be inconclusive and some
survey methods may require a special State or Federal permit. You should coordinate with the
appropriate Service office before conducting biological surveys for threatened and endangered
species.
Reference an environmental assessment completed for the site under the National
Environmental Policy Act (NEPA). Such assessments may indicate whether listed species and
critical habitats are likely to occur in the action area. Coverage under this MSGP may trigger a
requirement for such an assessment for new sources (that is, dischargers subject to New Source
Performance Standards under section 306 of the Clean Water Act). Other facilities might require
an assessment under NEPA for other reasons, such as federal funding or other federal
involvement in the facility. If the action area likely supports listed threatened or endangered
species or critical habitat, you must evaluate the potential for impacts to species and/or habitat
when following Steps Three through Five. Note that many but not all measures implemented to
protect listed species under these steps will also protect critical habitat. Thus, meeting the
Stormwater Discharges Associated With Industrial Activity – Appendix E E-4
General Permit
eligibility requirements of this MSGP may require measures to protect critical habitat that are
separate from those to protect listed species.
Step Three: Determine if your Activities Are Not Likely to Adversely Affect Listed Threatened
or Endangered Species or Designated Critical Habitat
To receive MSGP coverage, you must analyze the effects of your activities, which may
include not only your discharge, but also any construction, operation, and maintenance activities
related to stormwater management. You must be able to conclude that your discharge and
stormwater management related activities are not likely to adversely affect threatened or
endangered species or designated critical habitat that are likely to occur in your action area. To
arrive at this conclusion, you should be able to conclude that listed species and critical habitat are
not likely to be exposed to the effects of your activities, or if they are exposed, they are not likely
to respond to the effects, or if they do respond, the responses are not sufficient to reduce an
individual’s chances of surviving and reproducing or diminish the amount or suitability of
constituent elements of critical habitat. Construction, operation, and maintenance of facilities
elated to your stormwater discharge can potentially result in the following adverse effects: r
• Hydrological. Stormwater discharges may adversely affect receiving waters from
pollutant parameters such as temperature, salinity or pH. These effects will vary with
the amount of stormwater discharged and the volume and condition of the receiving
water. Where a stormwater discharge constitutes a minute portion of the total volume
of the receiving water, adverse hydrological effects are less likely. Industrial activity
itself may also alter drainage patterns on a site where construction occurs, which can
impact listed species, their habitat, and critical habitat.
• Habitat. Outdoor activities, such as storage of materials and land disturbances
associated with stormwater management-related activities, such as the installation or
placement of stormwater control measures, may adversely affect listed species, their
habitat, and critical habitat. Stormwater may drain or inundate listed species habitat.
• Toxicity. Pollutants in stormwater may have toxic effects on listed species and
adversely affect critical habitat. Exceedances of benchmarks, effluent limitation
guidelines, or State or Tribal water quality requirements may be indicative of
potential adverse affects on listed species or critical habitat.
The scope of effects to consider will vary with each site. If you are having difficulty
determining whether your facility is likely to adversely affect listed species or critical habitat, or
one of the Services has already raised concerns to you, you must contact the appropriate office of
the FWS or NMFS for assistance. If adverse effects are not likely, you have satisfied your
eligibility obligations under Criterion E and you may proceed to submitting your NOI for
coverage under the MSGP (check box E corresponding to Criterion E). As part of certifying
your compliance with Criterion E, you must submit information to support your findings. If you
are an existing discharger, you are required to (1) identify any pollutant parameters for which
you have ever exceeded the benchmark or effluent limitations guideline, or have ever been found
to have caused or contributed to an exceedance of an applicable water quality standard, or
Stormwater Discharges Associated With Industrial Activity – Appendix E E-5
General Permit
violated a State or Tribal water quality requirement; (2) provide a list of the federally-listed
threatened or endangered species or their designated critical habitat that are likely to occur in the
action area; and (3) provide your rationale supporting your determination that you qualify under
Criterion E. If you are a new discharger, you must provide the list of species or critical habitat
and the technical evaluation (described in (2) and (3) above, respectively), and you must also
include a list of the potential pollutants in your discharge.
If you can not yet conclude your stormwater discharge is not likely to adversely affect
listed species or critical habitat, or if you conclude that your stormwater discharge could
potentially adversely affect listed species or critical habitat, you must follow Step Four.
Step Four: Determine if Measures Can Be Implemented to Avoid Adverse Effects or If
Further Analysis Supports the Conclusion that Adverse Effects Are Not Likely.
If you could not make a preliminary determination in Step 3 that adverse effects to listed
species and/or critical habitat are not likely to occur, you can still receive coverage under
Criterion E if appropriate measures are undertaken to avoid or eliminate the likelihood of adverse
effects prior to applying for MSGP coverage. These measures may be relatively simple, e.g., re-
routing a stormwater discharge to bypass an area where species are located, relocating control
measures, or changing the “footprint” of the industrial activity. Provided you are able to install
and implement appropriate measures, you may proceed to submitting your NOI for coverage
under the MSGP (check box E corresponding to Criterion E). As part of certifying your
compliance with Criterion E, you must submit information to support your findings. If you are
an existing discharger, you are first required to (1) identify any pollutant parameters for which
you have ever exceeded a benchmark or an effluent limitations guideline, or have ever been
found to have caused or contributed to an exceedance of an applicable water quality standard, or
violated a State or Tribal water quality requirement; (2) provide a list of the federally-listed
threatened or endangered species or their designated critical habitat that are likely to occur in the
action area; and (3) provide your rationale supporting your determination that you qualify under
Criterion E, including a description of measures you will implement to avoid or eliminate the
likelihood of adverse effects. If you are a new discharger, you must provide the list of species or
critical habitat and the technical evaluation (described in (2) and (3) above, respectively), and
you must also include a list of the potential pollutants in your discharge.
If you cannot ascertain which measures to implement to avoid the likelihood of adverse
effects, you must follow Step Five.
Step Five: Determine if the Eligibility Requirements of Criteria D Can Be Met.
Where adverse effects are likely and you are unable to avoid or eliminate the likelihood
of adverse effects, you must contact the FWS and/or NMFS. However, you may still be eligible
for MSGP coverage if any likely adverse effects can be addressed through meeting Criteria D as
follows:
You have coordinated your activities with the appropriate Service office (see Criterion
D). In the absence of any other conditions set forth in Step Four, you may still be able to
Stormwater Discharges Associated With Industrial Activity – Appendix E E-6
General Permit
qualify for coverage under this MSGP if you coordinate with the FWS or NMFS and the
Service provides a letter or memorandum concluding that permitting your stormwater
discharges under the MSGP is consistent with the “not likely to adversely affect”
determination for the MSGP. If you adopt measures to avoid or eliminate adverse effects,
per the Service’s requirements or recommendations, you must abide by those measures
for the duration of your coverage under the MSGP. Any such measures must be
described in the Stormwater Pollution Prevention Plan and are enforceable MSGP
conditions and/or conditions for meeting the eligibility criteria in Part 1.1.4.5.
You must comply with any terms and conditions imposed under the eligibility
requirements to ensure that your stormwater discharges, discharge-related activities, and
allowable non-stormwater discharges are protective of listed species and/or critical habitat. See
Part 2.3 of the permit. If the eligibility requirements cannot be met, and maintained, then you are
not eligible for coverage under this MSGP. In these instances, you may consider applying to
EPA for an individual permit.
E.2 Eligibility Criterion
As required by Part 1.1.4.5, you must meet one or more of the following six criteria (A-F)
to be eligible for coverage under the permit for your stormwater discharge, discharge-related
activities, and allowable non-stormwater discharges:
Criterion A. No federally-listed threatened or endangered species or their designated critical
habitat are likely to occur in the “action area”; or
Criterion B. Consultation between a Federal agency and the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service (together, the “Services”) under
section 7 of the ESA has been concluded. Consultations can be either formal or
informal, and would have occurred only as a result of a separate federal action
(e.g., during application for an individual wastewater discharge permit or the
issuance of a wetlands dredge and fill permit).
The consultation must have addressed the effects of your facility’s stormwater
discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on
federally-listed threatened or endangered species and federally-designated critical habitat, and
must have resulted in either:
i. a biological opinion finding no jeopardy to federally-listed species or
destruction/adverse modification of federally-designated critical habitat; or
ii. written concurrence from the Service(s) with a finding that the facility’s
stormwater discharges associated with industrial activity, discharge-related
activities and allowable non-stormwater discharges are not likely to adversely
affect federally-listed species or federally-designated critical habitat; or
Stormwater Discharges Associated With Industrial Activity – Appendix E E-7
General Permit
Criterion C. Your industrial activities are authorized through the issuance of a permit under
section 10 of the ESA, and authorization addresses the effects of the stormwater
discharges associated with industrial activity, discharge-related activities, and
allowable non-stormwater discharges on federally-listed species and federally-
designated critical habitat; or
Criterion D. Coordination between you and the U.S. Fish and Wildlife Service and/or the
National Marine Fisheries Service has been concluded. The coordination must
have addressed the effects of the facility’s stormwater discharges associated with
industrial activity, discharge-related activities, and allowable non-stormwater
discharges on federally-listed threatened or endangered species and federally-
designated critical habitat. The result of the coordination must be a written
statement from the Service concluding that authorizing your stormwater
discharges, discharge-related activities, and allowable non-stormwater discharges
is consistent with the determination that the issuance of the MSGP is not likely to
adversely affect federally-listed threatened or endangered species and federally-
designated critical habitat. Any conditions or prerequisites deemed necessary to
achieve consistency with the “not likely to adversely effect” determination
become eligibility conditions for MSGP coverage, and permit requirements under
Part 2.3; or
Criterion E. Authorizing your stormwater discharges associated with industrial activity,
discharge-related activities, and allowable non-stormwater discharges is
consistent with the determination that the issuance of the MSGP is not likely to
adversely affect any federally-listed endangered and threatened (“listed”) species
or designated critical habitat (“critical habitat”). To support your determination
that you meet Criterion E, you must provide supporting documentation for your
determination.
i. If you are an existing discharger, you must provide the following information
with your completed Notice of Intent (NOI) form: (1) a list of the federally-listed
threatened or endangered species or their designated critical habitat that are likely
to occur in the “action area”; (2) a list of the pollutant parameters for which you
have ever exceeded the benchmark or applicable effluent limitations guideline, or
for which you have ever been found to have caused or contributed to an
exceedance of an applicable water quality standard or to have violated a State or
Tribal water quality requirement (Part 9); and (3) your rationale supporting your
determination that you meet Criterion E, including appropriate measures to be
undertaken to avoid or eliminate the likelihood of adverse effects.
ii. If you are a new discharger, you must provide the following information with
your completed NOI form: (1) a list of the federally-listed threatened or
endangered species or their designated critical habitat that are likely to occur in
the “action area”; (2) a list of the potential pollutants in your discharge; and (3)
your rationale supporting your determination that you meet Criterion E, including
Stormwater Discharges Associated With Industrial Activity – Appendix E E-8
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix E E-9
appropriate measures to be undertaken to avoid or eliminate the likelihood of
adverse effects; or
Criterion F. The facility’s stormwater discharges associated with industrial activity, discharge-
related activities, and allowable non-stormwater discharges were already
addressed in another operator’s valid certification of eligibility that included the
industrial activities and there is no reason to believe that federally-listed species
or federally-designated critical habitat not considered in the prior certification
may be present or located in the “action area”. To certify eligibility under this
criterion there must be no lapse of coverage in the other operator’s certification.
By certifying eligibility under this criterion, you agree to comply with any
measures or controls upon which the other operator's certification was based.
You must comply with any applicable terms, conditions, or other requirements
developed in the process of meeting the eligibility requirements of the criteria in
this section to remain eligible for coverage under this permit. Documentation
must be kept with your SWPPP. If your certification is based on another
operator’s certification under Criterion E, that certification is valid only if you
have documentation showing that the other operator had certified under Criterion
E, and you provide EPA with the relevant supporting information required of
existing dischargers in Criterion E (above, under subparagraph (i)) in your NOI
form.
General Permit
Appendix F
Procedures Relating to Historic Properties Preservation
Stormwater Discharges Associated With Industrial Activity – Appendix F F-1
General Permit
Appendix F – Procedures Relating to Historic Properties Preservation
Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies
to take into account the effects of Federal “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 NHPA regulations to include a project, activity, or program of a
Federal agency including those carried out by or on behalf of a Federal agency, those carried out
with Federal financial assistance, and those requiring a Federal permit, license or approval. See
36 CFR 800.16(y). 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. This term includes artifacts, records, and
remains that are related to and located within such properties. See 36 CFR 800.16(1).
EPA’s issuance of the Multi-Sector General Permit is a Federal undertaking within the
meaning of the NHPA regulations. To address any issues relating to historic properties in
connection with issuance of the permit, EPA has included criteria for applicants to certify that
potential impacts of their covered activities on historic properties have been appropriately
considered and addressed. Although individual applications for coverage under the general
permit do not constitute separate Federal undertakings, the screening criteria and certifications
provide an appropriate site-specific means of addressing historic property issues in connection
with EPA’s issuance of the permit. Applicants seeking coverage under the MSGP are thus
required to make certain certifications regarding the potential effects of their stormwater
discharge, allowable non-stormwater discharge, and discharge-related activities on properties
listed or eligible for listing on the National Register of Historic Places.
You must meet one or more of the four criteria (A-D), which are also included in Part
1.1.4.6, to be eligible for coverage under this permit.
Criterion A. Your stormwater discharges and allowable non-stormwater discharges do not
have the potential to have an effect on historic properties and you are not
constructing or installing new stormwater control measures on your site that cause
subsurface disturbance; or
Criterion B. Your discharge-related activities (i.e., construction and/or installation of
stormwater control measures that involve subsurface disturbance) will not affect
historic properties; or
Criterion C. Your stormwater discharges, allowable non-stormwater discharges, and
discharge-related activities have the potential to have an effect on historic
properties, and you have obtained and are in compliance with a written agreement
with the State Historic Preservation Officer (SHPO), Tribal Historic Preservation
Officer (THPO), or other tribal representative regarding measures to mitigate or
prevent any adverse effects on historic properties, and you have either (1)
obtained and are in compliance with a written agreement that outlines all such
measures, or (2) been unable to reach agreement on such measures; or
Stormwater Discharges Associated With Industrial Activity – Appendix F F-2
General Permit
Criterion D. You have contacted the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or other tribal representative and EPA in writing informing
them that you have the potential to have an effect on historic properties and you
did not receive a response from the SHPO, THPO, or tribal representative within
30 days of receiving your letter.
If you have been unable to reach agreement with a SHPO, THPO, or other tribal
representative regarding appropriate measures to mitigate or prevent adverse effects, EPA may
notify you of additional measures you must implement in order to be eligible for coverage under
this permit.
Activities with No Potential to Have an Effect on Historic Properties
A determination that a Federal undertaking has no potential to have an effect on historic
properties fulfills an agency’s obligations under the NHPA. EPA has reason to believe that the
vast majority of activities authorized under the MSGP have no potential to have effects on
historic properties. The purpose of this permit is to control pollutants that may be transported in
stormwater runoff from industrial facilities. EPA does not anticipate effects on historic properties
from the pollutants in the stormwater and allowable non-stormwater discharges from these
industrial facilities. Thus, to the extent EPA’s issuance of this general permit authorizes
discharges of such constituents, confined to existing stormwater channels or natural drainage
areas; the permitting action does not have the potential to cause effects on historic properties.
In addition, the overwhelming majority of sources covered under this permit will be
facilities that are seeking renewal of previous permit coverage. These existing dischargers should
have already addressed NHPA issues in the 2000 MSGP as they were required to certify that
they were either not affecting historic properties or they had obtained written agreement from the
applicable State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer
(THPO) regarding methods of mitigating potential impacts. Both existing and new dischargers
must follow the historic property screening procedures to determine their eligibility. EPA is not
aware of any impacts on historic properties from activities covered under the 2000 MSGP, or, for
that matter, any need for a written agreement. Therefore, to the extent this permit authorizes
renewal of prior coverage without relevant changes in operations, it has no potential to have an
effect on historic properties.
Activities with Potential to Have an Effect on Historic Properties
EPA believes this permit may have some potential to have an effect on historic properties
where permittees construct and/or install stormwater control measures that involve subsurface
disturbance and impact less than one (1) acre of land to comply with this permit. (Ground
disturbances of one (1) acre or more require coverage under a different permit, the Construction
General Permit.) Where you have to disturb the land through the construction and/or installation
of control measures, there is a possibility that artifacts, records, or remains associated with
historic properties could be impacted. Therefore, if you are establishing new or altering existing
control measures to manage your stormwater that will involve subsurface ground disturbance of
less than one (1) acre, you will need to ensure (1) that historic properties will not be impacted by
Stormwater Discharges Associated With Industrial Activity – Appendix F F-3
General Permit
your activities or (2) that you have consulted with the appropriate SHPO, THPO, or other tribal
representative regarding measures that would mitigate or prevent any adverse effects on historic
properties.
Examples of Control Measures Which Involve Subsurface Disturbance
EPA reviewed typical control measures currently employed to determine which practices
involve some level of earth disturbance. The types of control measures that are presumptively
expected to cause subsurface ground disturbance include:
• Dikes
• Berms
• Catch Basins
• Ponds
• Ditches
• Trenches
• Culverts
• Land manipulation: contouring, sloping, and grading
• Channels
• Perimeter Drains
• Swales
EPA cautions dischargers that this list is non-inclusive. Other control measures that
involve earth disturbing activities that are not on this list must also be examined for the potential
to affect historic properties.
Historic Property Screening Process
You should follow the following screening process in order to certify your compliance
with historic property eligibility requirements under this permit (see Part 1.1.4.6). The following
four steps describe how applicants can meet the permit eligibility criteria for protection of
historic properties under this permit:
Step One: Are you an existing facility that is reapplying for certification under the
2008 MSGP?
If you are an existing facility you should have already addressed NHPA issues. To gain
coverage under the 2000 MSGP you were required to certify that you were either not affecting
historic properties or had obtained written agreement from the relevant SHPO or THPO
regarding methods of mitigating potential impacts. As long as you are not constructing or
installing any new stormwater control measures then you have met eligibility Criterion A of the
MSGP. After you submit your NOI, there is a 30-day waiting period during which the SHPO,
THPO, or other tribal representative may review your NOI. The SHPO, THPO, or other tribal
representative may request that EPA hold up authorization based on concerns about potential
adverse impacts to historic properties. EPA will evaluate any such request and notify you if any
additional measures to address adverse impacts to historic properties are necessary.
Stormwater Discharges Associated With Industrial Activity – Appendix F F-4
General Permit
If you are an existing facility and will construct or install stormwater control measures
that require subsurface disturbance of less than one (1) acre then you should proceed to Step
Three. (Note: Construction activities disturbing one (1) acre or more are not eligible for
coverage under this permit.)
If you are a new facility then you should proceed to Step Two.
Step Two: Are you constructing or installing any stormwater control measures that require
subsurface disturbance of less than one (1) acre?
If, as part of your coverage under this permit, you are not building or installing control
measures on your site that cause less than one (1) acre of subsurface disturbance, then your
discharge-related activities do not have the potential to have an effect on historic properties. You
have no further obligations relating to historic properties. You have met eligibility Criterion A of
the MSGP. After you submit your NOI, there is a 30-day waiting period during which the SHPO,
THPO, or other tribal representative may review your NOI. The SHPO, THPO, or other tribal
representative may request that EPA hold up authorization based on concerns about potential
adverse impacts to historic properties. EPA will evaluate any such request and notify you if any
additional measures to address adverse impacts to historic properties are necessary.
If the answer to the Step Two question is yes, then you should proceed to Step Three.
Step Three: Have prior earth disturbances determined that historic properties do not exist, or
have prior disturbances precluded the existence of historic properties?
If previous construction either revealed the absence of historic properties or prior
disturbances preclude the existence of historic properties, then you have no further obligations
relating to historic properties. You have met eligibility Criterion B of the MSGP. After you
submit your NOI, there is a 30-day waiting period during which the SHPO, THPO, or other tribal
representative may review your NOI. The SHPO, THPO, or other tribal representative may
request that EPA hold up authorization based on concerns about potential adverse impacts to
historic properties. EPA will evaluate any such request and notify you if any additional
measures to address adverse impacts to historic properties are necessary.
If the answer to the Step Three question is no, then you should proceed to Step Four.
Step Four: Contact the appropriate historic preservation authorities
Where you are building and/or installing control measures affecting less than one (1) acre
of land to control stormwater or allowable non-stormwater discharges associated with this
permit, and the answer to Step Three is no, then you should contact the relevant SHPO, THPO,
or other tribal representative to determine the likelihood that artifacts, records, or remains are
potentially present on your site. This may involve examining local records to determine if
historic artifacts have been found in nearby areas, as well as limited surface and subsurface
examination carried out by qualified professionals.
Stormwater Discharges Associated With Industrial Activity – Appendix F F-5
General Permit
If through this process it is determined that such historic properties potentially exist and
may be impacted by your construction or installation of control measures, you should contact the
relevant SHPO, THPO, or tribal representative in writing and request to discuss mitigation or
prevention of any adverse effects. The letter should describe your facility, the nature and location
of subsurface disturbance activities that are contemplated, any known or suspected historic
properties in the area, and any anticipated effects on such properties. The letter should state that
if the SHPO, THPO, or tribal representative does not respond within 30 days of receiving your
letter, you may submit your NOI without further consultation. EPA encourages applicants to
contact the appropriate authorities as soon as possible in the event of a potential adverse effect to
an historic property.
If the SHPO, THPO, or tribal representative sent you a response within 30 days of
receiving your letter and you enter into, and comply with, a written agreement with the SHPO,
THPO, or other tribal representative regarding how to address any adverse impacts on historic
properties, you have met eligibility Criterion C. In this case, you should retain a copy of the
written agreement consistent with Part 5.1.6.2 of the MSGP. After you submit your NOI, there
is a 30-day waiting period during which the SHPO, THPO, or other tribal representative may
review your NOI. The SHPO, THPO, or other tribal representative may request that EPA delay
authorization based on concerns about potential adverse impacts to historic properties. However,
EPA would generally accept any written agreement as fully addressing such concerns unless new
information was brought to the Agency’s attention that was not considered in your previous
discussions with the SHPO, THPO or other tribal representative.
If you receive a response within 30 days after the SHPO, THPO, or tribal representative
received your letter and you consult with the SHPO, THPO or tribal representative regarding
adverse impacts to historic properties and measures to mitigate them but an agreement cannot be
reached between you and the SHPO, THPO, or other tribal representative, you have still met the
eligibility for Criterion C. In this case you should include in your SWPPP a brief description of
potential effects to historic properties, the consultation process, any measures you will adopt to
address the potential adverse impacts, and any significant remaining disagreements between you
and the SHPO, THPO or other tribal representative. After you submit your NOI, there is a 30-
day waiting period during which the SHPO, THPO, or other tribal representative may review
your NOI. The SHPO, THPO, or other tribal representative may request that EPA delay
authorization based on concerns about potential adverse impacts to historic properties. EPA will
evaluate any such request and notify you if any additional measures to address adverse impacts
to historic properties are necessary.
If you have contacted the SHPO, THPO, or tribal representative in writing regarding your
potential to have an effect on historic properties and the SHPO, THPO, or tribal representative
did not respond within 30 days of receiving your letter, you have met eligibility Criterion D. You
are advised to get a receipt from the post office or other carrier confirming the date on which
your letter was received. In this case, you should submit a copy of your letter notifying the
SHPO, THPO or tribal representative of potential impacts with your NOI. After you submit your
NOI, there is a 30-day waiting period during which the SHPO, THPO, or other tribal
representative may review your NOI. The SHPO, THPO, or other tribal representative may
Stormwater Discharges Associated With Industrial Activity – Appendix F F-6
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix F F-7
request that EPA hold up authorization based on concerns about potential adverse impacts to
historic properties. EPA will evaluate any such request and notify you if any additional
measures to address adverse impacts to historic properties are necessary.
Addresses for State Historic Preservation Officers and Tribal Historic Preservation
Officers may be found on the Advisory Council on Historic Preservation’s website
(www.achp.gov/programs.html). In instances where a Tribe does not have a Tribal Historic
Preservation Officer, you should contact the appropriate Tribal government office when
responding to this permit eligibility condition.
General Permit
Appendix G
Notice of Intent (NOI) Form
Stormwater Discharges Associated With Industrial Activity – Appendix G G-1
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix G G-2
Appendix G –Notice of Intent (NOI) Form
To obtain coverage under this permit, you must submit a Notice of Intent (NOI). You must
submit an NOI using either (1) EPA’s Electronic Notice of Intent (eNOI) system, available at
www.epa.gov/npdes/eNOI, or (2) file a paper copy of the NOI, a copy of which follows.
Only
):
-
f. Latitude: (use
any one of the
three formats
provided.)
1. _
__ ___° ___ ___΄ ___ ___˝ N (degrees, minutes, seconds)
2. _
__ ___° ___ ___. ___ ___΄ N (degrees, minutes, decimal)
3. _
__ ___. ___ ___ ___ ___° N ( degrees decimal)
g. Longitude:
(use any of
these 3
formats)
1. _
__ ___ ___° ___ ___΄ ___ ___˝ W (degrees, minutes, seconds)
2.
___ ___ ___° ___ ___. ___ ___΄ W (degrees, minutes, decimal)
3. _
__ ___ ___. ___ ___ ___ ___° W (degrees decimal)
(see Appendix C of the MSGP
for the list of
eligible permit numbers)
R
NPDES
FORM
3510 -6
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
NOTICE OF INTENT (NOI) FOR STORMWATER DISCHARGES ASSOCIATED WITH
INDUSTRIAL ACTIVITY UNDER THE NPDES MULTI-SECTOR GENERAL PERMIT
Form Approved.
OMB No. 2040-0086
Submission of this completed Notice of Intent (NOI) constitutes notice that the operator identified in Section B of this form requests authorization to discharge pollutants
to waters of the United States from the facility or site identified in Section C under EPA’s NPDES Stormwater Multi-Sector General Permit (MSGP) for industrial
stormwater. Submission of this NOI constitutes your notice to EPA that the facility identified in Section C of this form meets the eligibility conditions of Part 1.1 of the
MSGP. Please read and make sure you comply with all eligibility requirements, including the requirement to prepare a stormwater pollution prevention plan. Refer to the
instructions at the end of this form to complete your NOI.
A. Permit
Number:
Tracking Number (EPA Use Only):
B. Facility Operator Information
1. Name:
2. IRS Employer Identification Number (EIN):
–
3. Mailing Address:
a. Street:
b. City:
c. State: d. Zip Code:
-
e. Phone:
- -
f. Fax
(optional):
- -
g. E-mail:
C. Facility Information
1. Facility Name:
2. Have stormwater discharges from your site been covered previously
under an NPDES permit?
YES NO
a. If yes, provide the Tracking Number if you had coverage under EPA’s MSGP 2000
or the NPDES permit number if you had coverage under an EPA individual permit.
b.1 If no, was your facility in operation and discharging stormwater prior to October 30, 2005? YES
NO
b.2 If no to C.2.b.1, did your facility commence discharging after October 30, 2005 and before January 5, 2009?
YES NO
3. Location Address:
a. Street
b. City:
c. County or similar government subdivision:
d. State:
e. Zip Code:
h. Lat/Long Data Source:
USGS topographic map EPA web site GPS Other: _______________________________________________
If you used a USGS topographic map, what was the scale? __________________________________________________________________________
4. Estimated area of industrial activity at your site exposed to stormwater: (acres)
5. Is this a federal facility? YES NO
6. Is your facility located on Indian Country lands?
YES NO
If yes, name of
reservation, or if not part of a reservation, put “Not Applicable:”
___________________________________________________________
EPA FORM 3510-6 (Revised 09-2008) Page 1 of 7
40 CFR Part/Subpart Eligible Discharges Affected MSGP Sector Check if
Applicable
Part 411, Subpart C Runoff from material storage piles at
cement manufacturing facilities
E
Part 418 Subpart A
Runoff from phosphate fertilizer manufacturing facilities that comes
into contact with any raw materials, finished product, by-products or
waste products (SIC 2874)
C
Part 423 Coal pile runoff at
steam electric generating facilities
O
Part 429, Subpart I
Discharges resulting from spray down or intentional wetting of logs at
wet deck storage areas
A
Part 436, Subpart B, C, or D
Mine dewatering discharges at crushed stone mines, construction
sand and gravel mines, or industrial sand mines
J
Part 443, Subpart A Runoff from asphalt emulsion facilities D
Part 445, Subparts A & B Runoff from hazardous waste and non-hazardous waste landfills K, L
D. Discharge information
1. Does your facility discharge stormwater into a Municipal Separate Storm Sewer System (MS4)?
YES NO
If yes, name of MS4 operator:
___________________________________________________________________________________________________
2. Receiving Waters and Wetlands (Note: If additional space is needed for this question, fill out Attachment 1.)
a.
What is the name(s) of your receiving water(s)
that receive stormwater directly and/or through an
MS4)?
If your receiving water is impaired then identify the
name of the impaired segment, if applicable, in
parentheses following the receiving water name.
b. Are any of your
discharges directly
into any segment of
an “impaired”
water?
If you answered yes to question D.2.b, then answer the following three questions:
b.1. What pollutant(s) are causing the
impairment?
b.2. Are the
pollutant(s) causing
the impairment
present in your
discharge?
b.3. Has a TMDL
been completed for
the pollutant(s)
causing the
impairment?
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
3. Water Quality Standards (for new dischargers only)
a. Are any of your discharges into any portion of a receiving water designated
by the state or tribal authority under its antidegradation policy as a Tier 2 (or Tier
2.5) water (water quality
exceeds levels necessary to support propagation of
fish, shellfish, and wildlife and recreation in and on
the water)?
YES NO
b. Has the receiving water(s) been designated by the state or tribal authority under its antidegradation policy as a Tier 3 water (Outstanding Natural Resource
Water)?
YES NO
4. Federal Effluent Limitation Guidelines and Sector-Specific Requirements
a. Are you requesting permit coverage for any stormwater
discharges subject to effluent limitation guidelines?
YES NO
b. If yes, which effluent limitation guidelines apply to
your stormwater discharges?
c. If you are a Se
ctor S (Air Transportation) facility
, do you anticipate using
more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons
or more of urea on
an average annual
basis?
5. Identify the 4-digit Standard Industrial Classification (SIC) code or 2-letter Activity Code that best represents the products produced or services rendered
for which
your facility is primarily engaged, as defined in MSGP:
Primary SIC Code:
OR
Primary Activity Code
6. Identify the applicable sector(s) and subse
ctor(s) of industrial activity, including co-located industrial activity, for which you are requesting permit coverage:
a. Sector Subsector b. Sector Subsector c. Sector Subsector
d. Sector
Subsector e. Sector Subsector f. Sector Subsector
7.a. Is your site presently inactive and
unstaffed?
YES NO
b1. If yes, is
your site expected to be inactive and unstaffed for the entire permit term?
YES NO
b2. If you select “no” in 7.b1 above, then indicate the length of
time that you expect your facility to be inactive and unstaffed
_______________________________
YES NO
EPA FORM 3510-6 (Revised 09-2008) Page 2 of 7
b. List the pollutants expected to be present in your discharge
c. If you are an existing discharger, do you have effluent moni
toring data from EPA’s MSGP 2000, or another previous NPDES permit?
c.1 If no, why not?
c.2 Do you have any other data characterizing pollutants in your stormwater (describe)?
NO
YES
- -
E. Stormwater Pollution Prevention Plan (SWPPP) Contact Information
1a. SWPPP Contact Name:
b. Phone: Ext. c. E-mail:
2. URL of SWPPP (if applicable): __________________________________________________________________________________________________________
D
________________________________________________________________________________
____________________________________________________
Inactive/unstaffed site
F. Endangered Species Protection
1. Using the instructions in Appendix E of the MSGP, under which criterion listed in Part 1.1.4.5 are you eligible for coverage under this permit?
A B C E F
2. If you select criterion E from Part 1.1.4.5:
a. What federally-listed species or federally-designated critical habitat are in your “action area?”_______________________________________________________
__________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
No monitoring required for my sector
Other
_______________________________
c.3 If you have benchmark monitoring
data, did you exceed any of the
applicable benchmarks?
YES NO
c.4 Did you exceed any applicable effluent limitation guideline or
cause or
contribute to an exceedance of a State or Tribal water quality standard?
YES NO
c.5 If you answered “yes” to either question F.2.c.3 or F.2.c.4 above, for what pollutant(s)? _______________________________________________________
d. Attach documentation supporting criterion E eligibility. Documentation should address species and habitat listed in F.2.a and the potential effects of pollutants listed
in F.2.b (including any monitoring data for these pollutants) on the listed species and habitat.
3. If you select criterion F from Part 1.1
.4.5, provide the operator’s NPDES
Tracking Number under which you are certifying eligibility:
C
G. Historic Preservation
Using the instructions in Appendix F of the MSGP, under which criterion listed in Part 1.1.4.6 are you eligible for coverage under this permit?
A B D
- -
H. Certifier Name and Title
I certify under penalty of law that I meet the eligibility conditions of this permit and 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 gather and evaluate 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, I certify that the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I certify that I am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations.
Print Name:
Title:
Signature:
_________________________________________________________________________________
Date:
E-mail:
NOI Preparer (Complete if NOI was prepared by someone other than the certifier)
Prepared by:
Organization:
Phone: Ext. E-mail:
EPA FORM 3510-6 (Revised 09-2008) Page 3 of 7
Attachment 1. (Fill in as necessary if more space is required for D.2 a-e)
a. What is the name(s) of your receiving water(s)
that receive stormwater from your facility (directly
and/or through an MS4)?
If your receiving water is impaired then identify the
name of the impaired segment, if applicable, in
parentheses following the receiving water name.
b. Are any of your
discharges directly
into any segment of
an “impaired”
water?
If you answered yes to question D.2.b, then answer the following three questions:
b.1. What pollutant(s) are causing the
impairment?
b.2. Are the
pollutant(s) causing
the impairment
present in your
discharge?
b.3. Has a TMDL
been completed for
the pollutant(s)
causing the
impairment?
YES NO YES NO YES NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES NO
YES NO YES NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO
YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO Y
ES NO YES NO
YES NO YES NO YES NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO YES
NO
YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES NO YES NO YES NO
YES
NO YES
NO YES
NO
YES
NO YES
NO YES
NO
YES
NO
YES
NO YES
NO
EPA FORM 3510-6 (Revised 09-2008) Page 4 of 7
Instructions for Completing the Notice of Intent for Stormwater Discharges Associated with INDUSTRIAL ACTIVITY under the Multi-Sector General Permit (MSGP)
EPA FORM 3510-6 (Revised 09-2008) Page 5 of
7
Who Must File a Notice of Intent with EPA?
Under section 402(p) of the Clean Water Act (CWA) and regulations at 40 CFR
Part 122, stormwater discharges associated with industrial activity are prohibited
to
waters of the United States unless authorized under a National Pollutant Discharge
Elimination System (NPDES) permit. You can obtain coverage under the MSGP by
submitting a completed NOI if you operate a facility:
• that is located in a jurisdiction where EPA is the permitting authority, listed in
Appendix C of the MSGP,
• that discharges stormwater associated with industrial activities, identified in
Appendix D of the MSGP,
• that meets the eligibility requirements in Part 1.1 of the permit,
• that develops a stormwater pollution prevention plan (SWPPP) in accordance
with Part 5 of the MSGP; and
• that installs and implements control measures in accordance with Part 2 to
meet numeric and non-numeric effluent limits.
If you are unsure if you need an NPDES stormwater permit, contact your EPA or
State NPDES stormwater permit program. Contacts are listed at
www.epa.gov/npdes/stormwatercontacts
.
One NOI must be submitted for each facility or site for which you are seeking
permit coverage. You do not need to submit separate NOIs for each type of
industrial activity present at your facility, provided your SWPPP covers all activities.
When to File the NOI Form
Do not file your NOI until you have obtained and thoroughly read a copy of the
MSGP. A copy of the MSGP is located on the EPA website
(www.epa.gov/npdes/stormwater/msgp
). The MSGP describes procedures to
ensure your eligibility, prepare your SWPPP, install and implement appropriate
stormwater control measures, and complete the NOI form questions – all of which
must be done before you sign the NOI certification statement attesting to the
accuracy and completeness of your NOI. You will also need a copy of the MSGP
once you have obtained coverage so that you can comply with the implementation
requirements of the permit.
NOI Submittal Deadlines/Discharge Authorization Dates
Category NOI Deadline Discharge Authorization Date
1
Existing Dischargers - in
operation as of October
30, 2005 and authorized
for coverage under
MSGP 2000.
No later than January
5, 2009.
30 days after EPA posts your
NOI. Your authorization under
the MSGP 2000 is automatically
continued until you have been
granted coverage under this
permit or an alternative permit,
or coverage is otherwise
terminated.
New Dischargers or
New Sources - have
commenced discharging
between October 30,
2005 and January 5,
2009.
As soon as possible
but no later than
January 5, 2009.
30 days after EPA posts your
NOI.
New Dischargers or
New Sources -
commence discharging
after January 5, 2009.
A minimum of 60 days
prior to commencing
operation of the facility,
or a minimum of 30
days if your SWPPP is
posted on the Internet
during this period and
the Internet address
(i.e., URL) to your
SWPPP is provided on
the NOI form.
If you post your SWPPP on the
Internet, 30 days after EPA
posts your NOI. Otherwise, 60
days after EPA posts your NOI.
New Owner/Operator of
Existing Discharger -
transfer of ownership
and/or operation of a
facility whose discharge
is authorized under this
permit
A minimum of 30 days
prior to date that the
transfer will take place
to the new
owner/operator.
30 days after EPA posts your
NOI.
Other Eligible
Dischargers - in
operation prior to
October 30, 2005 but
not covered under the
MSGP 2000 or another
NPDES permit.
Immediately, to
minimize the time
discharges from the
facility will continue to
be unauthorized.
If you post your SWPPP on the
Internet, 30 days after EPA
posts your NOI. Otherwise, 60
days after EPA posts your NOI.
1
Based on a review of your NOI or other information, EPA may delay your
authorization for further review, notify you that additional effluent limitations are
necessary, or may deny coverage under this permit and require submission of an
application for an individual NPDES permit, as detailed in MSGP Part 1.6. In these
instances, EPA will notify you in writing of the delay or the request for submission of an
individual NPDES permit application. EPA will post these NOIs on its website at
www.epa.gov/npdes/enoi
.
Where to File the NOI Form
EPA encourages you to complete the NOI form electronically via the Internet.
EPA’s Electronic Notice of Intent System (eNOI) can be found at
www.epa.gov/npdes/enoi
. Filing electronically is the fastest way to obtain permit
coverage and help ensure that your NOI is complete. If you choose not to file
electronically, you must send the NOI to one of the addresses listed below.
NOIs sent regular mail:
Stormwater Notice Processing Center (4203M)
USEPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460
NOIs sent overnight/express mail:
Stormwater Notice Processing Center
EPA East Building, Rm. 7420
1201 Constitution Avenue, NW
Washington, DC 20004
202-564-9545
If you have questions, please contact EPA’s Stormwater Notice Processing
Center toll free at (866) 352-7755.
• If you file a paper NOI, please submit the original with a signature in ink –
Do Not Send Copies. Also, faxed copies will not be accepted.
• Your SWPPP does not need to be submitted for review unless specifically
requested by EPA or as otherwise required in Part 9 of the MSGP (State,
Territory, and Tribal requirements). You must keep a copy of your SWPPP
on-site or otherwise make it available to facility personnel responsible for
implementing provisions of the permit.
Completing the NOI Form
To complete this form, type or print in uppercase letters in the appropriate areas
only. Please make sure you complete all questions. Make sure you make a
photocopy for your records before you send the completed original form to the
address above. You may also use this paper form as a checklist for the information
you will need when filing an NOI electronically via EPA’s eNOI system.
Section A. Permit Number
Appendix C of the MSGP 2008 contains a list of geographic areas covered by
the permit. If your facility is located in one of the listed areas, include the appropriate
permit number in this section. (For example, if you facility is located in
Massachusetts, and not on Indian Lands, you would write MAR050000 in this
space.) If your facility is located in an area not covered by the MSGP, please
contact your EPA Region, state or territorial NPDES stormwater coordinator (see
www.epa.gov/npdes/stormwatercontacts
for a list of contacts).
Section B. Facility Operator Information
1. Provide the legal name of the person, firm, public organization or any other
public entity that operates the facility described in this application. An operator of
a facility is a legal entity that controls the operation of the facility.
2. Provide the Employer Identification Number (EIN from the Internal Revenue
Service (IRS)), commonly referred to as your taxpayer ID number. If the operator
does not have an EIN, enter “NA” in the space provided.
3. Provide the operator’s mailing address, telephone number, fax number
(optional), and email address. Correspondence will be sent to this address.
Section C. Facility Information
1. Enter the facility’s official or legal name. Unless the name of your facility has
changed, please use the same name provided on prior NOIs or permit
applications. You can use EPA’s NOI Search website
(www.epa.gov/npdes/noisearch
) to view your previous NOI.
2. Indicate if industrial stormwater discharges from your facility were previously
covered by an NPDES permit.
2a.If your facility was covered by EPA’s MSGP-2000, please include the tracking
number that you received in your confirmation letter or email from EPA’s
Stormwater Notice Processing Center. You can find the tracking number
assigned to your previous NOI on EPA’s NOI Search website
(www.epa.gov/npdes/noisearch
).
2b1.If your facility was not previously covered by an NPDES permit and discharged
industrial stormwater, then indicate if it was in operation before October 30,
2005 and not covered under the MSGP 2000. If you select “yes” to this question
then you have a 30 day waiting period before you are authorized to discharge.
2b2.If you select “no” in C.2.b.1, then indicate if your facility discharged stormwater
between October 30, 2005 and January 5, 2009. If you select “yes” to this
EPA FORM 3510-6 (Revised 09-2008) Page 6 of 7
question then you have a 30 day waiting period before you are authorized to
discharge. If you select “no” to this question and you post your SWPPP on the
Internet and provide EPA the URL in E.2, then you have a 30 day waiting period
before you are authorized to discharge. If you select “no” to this question, but do
not post your SWPPP on the Internet and therefore do not answer E.2, then you
have a 60 day waiting period before you are authorized to discharge.
3.a-e. Enter the street address, including city, state, zip code, county or similar
government subdivision of the actual physical location of the facility. Do not use
a P.O. Box.
3.f-g. Provide the facility latitude and longitude in one of three formats: (1) degrees,
minutes, seconds; (2) degrees, minutes, decimal; or(3) degrees decimal. You
can obtain your facility’s latitude and longitude though Global Positioning
System (GPS) receivers, U.S. Geological Survey (USGS) quadrangle or
topographic maps, and EPA’s web-based siting-tools, among other methods.
Refer to www.epa.gov/npdes/stormwater/msgp
for guidance on the use of these
methods. For consistency, EPA requests you take measurements from the
location of your facility’s stormwater outfall. Outfalls are locations where the
stormwater exits the facility, including pipes, ditches, swales, and other
structures that transport stormwater. If there is more than one outfall present,
measure at the primary outfall (i.e., the outfall with the largest volume of
stormwater discharge associated with industrial activity).
3.h. Identify the data source that you used to determine the facility latitude and
longitude. If you did not use a USGS quadrangle or topographic map, the EPA
website, or GPS receivers, then select “Other” and write the method used on
the line provided. If you used a USGS quadrangle or topographic map, write the
map scale on the line provided. Scale should be identified on the map.
4. Enter the estimated area of industrial activity at your site exposed to
stormwater, in acres.
5. Indicate if the facility is considered a “federal facility” - Federal facilities include
any buildings, installations, structures, land, public works, equipment, aircraft,
vessels, and other vehicles and property, owned or leased by the federal
government.
6. Indicate whether the facility is located in Indian Country, and, if so, provide the
name of the reservation, if applicable.
Section D. Discharge Information
1. Indicate whether stormwater from your site will be discharged into a municipal
separate storm sewer system (MS4). An MS4 is a conveyance or system of
conveyances, including roads with drainage systems, municipal streets, catch
basins, storm drains, curbs and gutters, ditches and man-made channels,
owned or operated by a state, city, town, borough, county, parish, district,
association or other public body, used to collect or convey stormwater. If you
check “Yes” then identify the name of the MS4 operator on the line provided. If
you are uncertain of the MS4 operator, contact your local government for that
information. MS4s are different than combined sewers, which are designed to
convey both stormwater and sanitary wastewater. Discharges to combined
sewers do not require an NPDES permit but may be subject to other CWA
requirements (contact the combined sewer operator for more information).
2. Enter information regarding your discharge. If additional space is needed fill out
Attachment
1.
2a. Indicate
in column “a” of the table the name(s) of the receiving water(s) into
which stormwater from your facility will discharge. Also provide in parentheses
the name of the impaired water (and segment, if applicable) into which your
stormwater is discharged. If you identified more than on receiving water for your
facility, indicate the first receiving water and complete question 2b and 2.b.1-3 (if
applicable), before entering the next receiving water. The EPA’s Water Locator
Tool can help you identify the closest receiving water to your facility
(
www.epa.gov/npdes/msgp
). Your receiving water may be a lake, stream, river,
ocean, wetland or other waterbody, and may or may not be located adjacent to
your facility. Your stormwater may discharge directly to the receiving water or
indirectly via a storm sewer system, an open drain or ditch, or other conveyance
structure. Do NOT list a man-made conveyance, such as a storm sewer system,
as your receiving water. Indicate the first receiving water your stormwater
discharge enters. For example, if your discharge enters a storm sewer system,
that empties into Trout Creek, which flows into Pine River, your receiving water is
Trout Creek, because it is the first waterbody your discharge will reach. Similarly,
a discharge into a ditch that feeds Spring Creek should be identified as “Spring
Creek” since the ditch is a manmade conveyance. If you discharge into a
municipal separate storm sewer system (MS4), you must identify the waterbody
into which that portion of the storm sewer discharges. That information should be
readily available from the operator of the MS4.
2b. Indicate in column “b” of the table whether you discharge directly to an impaired
water (lake, stream segment, estuary, etc), listed as “impaired” under section
303(d) of the Clean Water Act. Each state water quality agency maintains a list of
waters that are impaired. Most state agencies publish these lists online. The
EPA’s Water Locator Tool may also help you identify if the nearest receiving
water is impaired (www.epa.gov/npdes/msgp
). If you discharge into a stream
segment that is upstream of a listed impaired water but which is not itself on the
State’s impaired waters list, answer “no” to this question. In this case,
requirements in the MSGP for discharges into impaired waters do not apply to
you, unless notified otherwise by EPA.
Answer the following three questions only if you answered “Yes” to D 2.b:
2b1. Provide the pollutant(s) listed as causing the impairment in the water identified
in D.2.b.1 above. Enter each pollutant individually on a separate row in the
table.
2b2. Out of the pollutant(s) that you identified in D.2.b.1 above, indicate which
pollutants you believe will be present in your discharge. If you do not expect the
pollutant(s) to be in your discharge, then select “no.”
2b3.Indicate the pollutant(s) that have a Total Maximum Daily Load (TMDL) for the
impaired stream segment that you identified in D.2.b.2 above. Check with your
state water quality agency for lists of waters with approved or established
TMDLs. See www.epa.gov/npdes/msgp
for more information.
3. Water Quality Standards
3a.If you selected “no” in C.2 indicating that stormwater discharges from your facility
have not been previously covered under an NPDES permit, then you are
considered a new discharger and must answer this question; otherwise you are
considered an existing discharger and may skip this question. State water
quality agencies are responsible for setting water quality standards for waters
within the state’s boundaries. Check EPA’s website (www.epa.gov/npdes/msgp
)
to determine if the water(s) that you discharge into are designated as a “Tier 2
(or Tier 2.5) water” (See Appendix A of the MSGP 2008 for definitions of “Tier 2
water” and “Tier 2.5 water”). If you discharge into these waters, EPA may impose
additional permit conditions to ensure that you do not violate the State’s
antidegradation policy.
3.b Idenitfy whether your receiving water is designated as a Tier 3 waterbody. Go to
www.epa.gov/npdes/msgp
for a list of Tier 3 waterbodies. Note that new
discharges into designated Tier 3 waters are not eligible for coverage under the
MSGP 2008.
4. Federal Effluent Limitation Guidelines and Sector-Specific Requirements
4.a-b. Depending on your industrial activities, your facility may be subject to effluent
limitation guidelines which include additional effluent limits and monitoring
requirements for your facility. Please review these requirements, described in
Part 2.1.3 of the MSGP, and check any appropriate boxes on the NOI form.
4.c. For Sector S facilities (Air Transportation), indicate whether you anticipate that
the entire airport facility will use more than 100,000 gallons of glycol-based
deicing/anti-icing chemicals and/or 100 tons or more of urea on an average
annual basis. If so, additional effluent limits and monitoring conditions apply to
your discharge (see Part 8 Sector S of the MSGP 2008).
5. List the four-digit Standard Industrial Classification (SIC) code and/or two
character activity code that best describes the primary industrial activities
performed by your facility under which you are required to obtain permit
coverage. Your primary industrial activity includes any activities performed on-
site which are (1) identified by the facility’s one SIC code for which the facility is
primarily engaged; and (2) included in the narrative descriptions of 40 CFR
122.26(b)(14)(i), (iv), (v), or (vii), and (ix). See Appendix D of the MSGP for a
complete list of SIC codes and activities codes.
6. If your site has co-located industrial activities that are not identified as your
primary industrial activity, identify the sector and subsector codes that describe
these other industrial activities. For a complete list of sector and subsector
codes, see Appendix D of the MSGP.
7.a-b Indicate whether your facility is currently inactive and unstaffed. If so then
indicate whether your facility will be inactive and unstaffed for the entire permit
term, or if not, specify the specific length of time in units of days, weeks, months,
or years (e.g. 3 months) that you expect the facility to be inactive and unstaffed.
Section E. Facility Contact Information and SWPPP Location
1.a-c. Identify the name, telephone number, and email address of the person who
will serve as a contact for EPA on issues related to stormwater management at
your facility. This person should be able to answer questions related to
stormwater discharges, the SWPPP, and other issues related to stormwater
permit coverage, or have immediate access to individuals with that knowledge.
This person does not have to be the facility operator, but should have intimate
knowledge of stormwater management activities at the facility.
2. If you are making your Stormwater Pollution Prevention Plan publicly available
on a website provide the appropriate Internet URL address. (Please note that by
posting your SWPPP on the web, you may qualify for a shortened authorization
waiting period. See Table 1-2 of the MSGP for more information.)
Section F. Endangered Species Protection
1. Based on the instruction provided in Appendix E of the MSGP 2008, indicate
which permit criterion (A,B,C,D,E, or F) listed in Part 1.1.4.5 you are using to
satisfy your eligibility obligations for protection of endangered and threatened
species, and designated critical habitat.
EPA FORM 3510-6 (Revised 09-2008) Page 7 of 7
2.a. If you select criterion E (not likely to adversely affect), list those federally-listed
endangered or threatened species and any federally-listed designated critical
habitat expected to exist in proximity to your facility.
2.b List the pollutants that you expect to be present in your stormwater discharge.
Include any pollutants that you may have included in D.2.b.3 above.
2.c If you selected “yes” in C.2 then you are considered an existing discharger and
must answer all the questions in F.2.c.1--5; otherwise you are considered a new
discharger and may skip the questions under F.2.c. If you are an existing
discharger who was previously covered under the MSGP 2000, indicate
whether you have any previous effluent monitoring data.
2.c1-2.If you select “No,” to F.2.c then indicate why you don’t have any data. Also
indicate if you have any other data characterizing pollutants in your stormwater
discharge.
2.c.3. If you select “Yes,” to F.2.c then indicate whether you exceeded any
benchmark.
2.c.4 Indicate whether you have exceeded any applicable effluent limitation
guideline, or caused or contributed to an exceedance of state or tribal water
quality requirement(s).
2.c.5. If you select “Yes” to F.2.c.3.and/or F.2.c.4 then indicate the pollutant
parameters for which you exceeded the benchmark, applicable effluent
limitation guideline, or State or Tribal water quality requirement(s).
2.d. Attach your supporting rationale for your determination of the applicability of
Criterion E for your facility (applies to both new and existing dischargers). Your
documentation should address species and habitat listed in F.2.a and the
potential effects of pollutants listed in F.2.b on the listed species and habitat.
This should include consideration of any available data characterizing pollutants
in your stormwater discharge, or in the discharge of similar facilities if data for
you facility is not available, that may be of concern to listed species.
3. If you select Criterion F (already addressed in another operator’s valid
certification), provide the tracking number that the operator received in their
confirmation letter or email from EPA’s NOI Processing Center (see Appendix
E). You can find the tracking number assigned to your previous NOI on EPA’s
NOI Search website (
www.epa.gov/npdes/noisearch
). An example where
criterion F may apply includes airports where several individual airlines have
applied for coverage under the MSGP, and the entire airport also has applied
for or obtained coverage. If the airport has already certified under Appendix E,
and that certification addresses any potential impacts from the individual
airlines, then the airlines may reference the airport’s permit tracking number.
Section G. Historic Preservation
Based on the instruction provided in Appendix F of the MSGP 2008, indicate
which permit criterion (A, B, C, or D) listed in Part 1.1.4.6 of the MSGP you used to
satisfy your eligibility obligations for protection of historic properties.
Section H. Certification
Certification statement and signature (see Section B.11 of Appendix B of the
MSGP for more information). Enter certifier’s printed name, title and email address.
Sign and date the form. (CAUTION: An unsigned or undated NOI form will prevent
the granting of permit coverage.) Federal statutes provide for severe penalties for
submitting false information on this application form. Federal regulations require this
application to be signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) 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
(ii) 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;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, State, Federal, or other public facility: by either a principal
executive or ranking elected official.
If the NOI was prepared by someone other than the certifier (for example, if the
NOI was prepared by the facility SWPPP contact or a consultant for the certifier’s
signature), include the name, organization, phone number and email address of the
NOI preparer.
Paperwork Reduction Act Notice
Public reporting burden for this certification is estimated to average 3.7 hours per
certification, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose to provide
information to or for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information; adjust the existing
ways to comply with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise disclose
the information. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a currently valid
OMB control number. Send comments regarding the burden estimate, any other
aspect of the collection of information, or suggestions for improving this form,
including any suggestions which may increase or reduce this burden to: Director,
Office of Environmental Information Services, Collection Services Division (2823),
USEPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Include the OMB
control number of this form on any correspondence. Do not send the completed NOI
form to this address.
General Permit
Appendix H
Notice of Termination (NOT) Form
Stormwater Discharges Associated With Industrial Activity – Appendix H H-1
General Permit
Appendix H – Notice of Termination (NOT) Form
To terminate coverage under this permit, you must submit a Notice of Termination
(NOT). You must either (1) terminate coverage using EPA’s online eNOI system, available at
www.epa.gov/npdes/eNOI or (2) file a paper copy of the NOT, a copy of which follows.
Stormwater Discharges Associated With Industrial Activity – Appendix H H-2
EPA FORM 3510-7 (Revised 09-2008) Page 1 of 2
This Form Replaces Previous Form 2040-0086 (Please See Instructions Before Completing This Form)
NPDES
FORM
3510-7
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
NOTICE OF TERMINATION (NOT) OF COVERAGE UNDER A NPDES GENERAL PERMIT
FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
Form Approved.
OMB No. 2040-0086
Submission of this Notice of Termination (NOT) constitutes notice that the party identified in
Section B of this form is no longer authorized to discharge stormwater
associated with industrial activity under the NPDES program for the facility identified in Section C of this form. All necessary information must be included on this form.
Refer to the instructions at the end of this form.
A. Permit Number:
1. NPDES Permit Tracking Number:
2. Reason for Termination (check one only): a.
You transferred operational control to another operator.
b.
You no longer have a stormwater discharge associated with industrial activity subject to regulation under the
NPDES program, and you have already implemented necessary sediment and erosion controls as required by
Part 2.1.2.5.
c.
d.
You obtained coverage under an alternative NPDES permit.
You are a Sector G, H, or J facility and you have met the applicable termination requirements.
B. Facility Operator Information
1. Name:
2. IRS Employer Identification Number (EIN): –
3. Mailing Address:
a. Street:
b. City: c. State: d. Zip Code:
-
e. Phone:
- -
f. Fax
(optional):
- -
g. E
-mail:
____________________________________________
C. Facility Information
1. Facility Name:
2. Location Address:
a. Street
b. City:
c. County or similar government subdivision: d. State: e. Zip Code:
-
D. Certifier Name and Title
I certify under penalty of law that I have met at least one of the reasons for terminating permit coverage listed in Section A.2 above. I understand that by submitting this
Notice of Termination, I am no longer authorized to discharge stormwater associated with industrial activity under this general permit, and that discharging pollutants in
stormwater 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 sub mittal o f this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water
Act.
Print Name:
Title:
Signature:
Date:
E-mail:
___________________________________________________________________________________________
Instructions for Completing the Notice of Termination for Stormwater Discharges Associated with INDUSTRIAL ACTIVITY under the Multi-Sector General Permit
(MSGP)
Who May File Notice of Termination (NOT) Form
Permittees currently covered by EPA’s NPDES Stormwater Multi-Sector General
Permit may submit a Notice of Termination (NOT) form. You must submit an NOT
within 30 days after one or more of the following conditions have been met:
• a new owner or operator has assumed responsibility for the facility; or
• you have ceased operations at the facility and there are not or no longer will be
discharges of stormwater associated with industrial activity from the facility, and
you have already implemented necessary sediment and erosion controls as
required by Part 2.1.2.5;
• you are a Sector G, H, or J facility and you have met the applicable termination
requirements; or
• you have obtained coverage under an individual or alternative general permit for
all discharges required to be covered by an NPDES permit.
See the MSGP Part 1.4 for more information.
Where to File NOT form
EPA encourages you to complete the NOT form online, via the Internet. The Electronic
Notice of Intent System (eNOI) is found at
www.epa.gov/npdes/eNOI
. If you cannot
access the elect
ronic system, you must send the NOT to the address listed below.
NOTs sent regular mail:
Stormwater Notice of Termination (4203M)
USEPA
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
NOTs sent overnight/express
Stormwater Notice of Termination
US EPA East Building, Rm 7420
1201 Constitution Avenue, NW
Washington, D.C. 20004
(202) 564-9545
Completing the Form
To complete this f
orm, type or print in uppercase letters in the appropriate areas only.
Please make sure you complete all questions. Make sure you make a photocopy for
your records before you send the completed original form to the address above.
Please use ink when you sign the original document – DO NOT send copies. If you
have any questions about this form, you may call the EPA’s Stormwater Notice
Processing Center at (866) 352-7755.
Section A. Permit Information
1. Enter the NPDES tracking number assigned by EPA’s Stormwater Notice Processing
Center to the facility. If you do not know the tracking number, you can find the tracking
number assigned to your previous NOI on EPA’s NOI Search website
(www.epa.gov/npdes/noisearch
).
2. Indicate your reason for submitting this Notice of Termination by checking the
appropriate box (see MSGP Part 1.4 for more information).
Section B. Facility Operator Information
1. Give the legal name of the person, firm, public organization, or any other entity that
operates the facility described in this application. The operator of the facility is the
legal entity which controls the facility’s operation, rather than the plant or site manager.
Do not use a colloquial name.
2-3. Enter the facility operator’s IRS Employer Identification Number (also know as the
tax payer ID number). Enter the complete mailing address, email address and
telephone number of the operator. This address will be used for any future
correspondence between EPA and the facility operator.
Section C. Facility Information
1-2. Enter the facility’s official or legal name and complete address, including city,
county or similar government subdivision, state, and ZIP code.
Section D. Certification
Certification statement and signature (see Section B.11 of Appendix B of the MSGP for
more information). Enter certifier’s printed name, title and email address. Sign and
date the form. Federal statutes provide for severe penalties for submitting false
information on this application form. Federal regulations require this application to be
signed as follows:
For a corporation: by a responsible corporate officer, which means: (i) president,
secretary, treasurer, or vice-president of the corporation in charge of the principal
business function, or any other person who performs similar policy or decision making
functions, or (ii) the manager of one or more manufacturing, production, or operating
facilities employing more than 250 persons or having gross annual sales or
expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipality State, Federal, or other facility: by either a principal executive office
or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden estimate, any other
aspect of the collection of information, or suggestions for improving this form, including
any suggestions which may increase or reduce this burden to: Director, Office of
Environmental Information Services, Collection Services Division (2823), USEPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. Include the OMB control number
of this form on any correspondence. Do not send the completed NOT form to this
address.
EPA FORM 3510-7 (Revised 09-2008) Page 2 of 2
General Permit
Appendix I
Annual Reporting Form
Stormwater Discharges Associated With Industrial Activity – Appendix I I-1
NPDES Permit Tracking No.:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
Annual Reporting Form
A. GENERAL INFORMATION
1. Facility Name:
2. NPDES Permit Tracking No.:
3. Facility Physical Address:
a. Street:
b. City:
c. State:
d. Zip Code:
-
4. Lead Inspectors Name:
Title:
Additional Inspectors Name(s):
5. Contact Person:
Title:
Phone:
- -
Ext.
E-mail:
6. Inspection Date:
/ /
B. GENERAL INSPECTION FINDINGS
1. As part of this comprehensive site inspection, did you inspect all potential pollutant sources, including areas where industrial activity may be exposed to stormwater?
YES NO
If NO, describe why not:
NOTE: Complete Section C of this form for each industrial activity area inspected and included in your SWPPP or as newly identified in B.2 or B.3 below where pollutants
may be exposed to stormwater.
2. Did this inspection identify any stormwater or non-stormwater outfalls not previously identified in your SWPPP? YES NO
If YES, for each location, describe the sources of those stormwater and non-stormwater discharges and any associated control measures in place:
NPDES Permit Tracking No.:
3. Did this inspection identify any sources of stormwater or non-stormwater discharges not previously identified in your SWPPP?
YES NO
If YES, describe these sources of stormwater or non-stormwater pollutants expected to be present in these discharges, and any control measures in place:
4. Did you review stormwater monitoring data as part of this inspection to identify potential pollutant hot spots? YES NO NA, no monitoring performed
If YES, summarize the findings of that review and describe any additional inspection activities resulting from this review:
5. Describe any evidence of pollutants entering the drainage system or discharging to surface waters, and the condition of and around outfalls, including flow
dissipation measures to prevent scouring:
6. Have you taken or do you plan to take any corrective actions, as specified in Part 3 of the permit, since your last annual report submission (or since you received
authorization to discharge under this permit if this is your first annual report), including any corrective actions identified as a result of this annual comprehensive site
inspection?
YES NO
If YES, how many conditions requiring review for correction action as
specified in Parts 3.1 and 3.2 were addressed by these corrective actions?
NOTE: Complete the attached Corrective Action Form (Section D) for each condition identified, including any conditions identified as a result of this comprehensive
stormwater inspection.
NPDES Permit Tracking No.:
C. INDUSTRIAL ACTIVITY AREA SPECIFIC FINDINGS
Complete one block for each industrial activity area where pollutants may be exposed to stormwater. Copy this page for additional industrial activity areas.
In reviewing each area, you should consider:
• Industrial materials, residue, or trash that may have or could come into contact with stormwater;
• Leaks or spills from industrial equipment, drums, tanks, and other containers;
• Offsite tracking of industrial or waste materials from areas of no exposure to exposed areas; and
• Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas.
INDUSTRIAL ACTIVITY AREA ______:
1. Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised control measures necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
INDUSTRIAL ACTIVITY AREA ______:
1. Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised c necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
INDUSTRIAL ACTIVITY AREA ______:
Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised BMPs necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
NPDES Permit Tracking No.:
NOTE: Copy this page and attach additional pages as necessary
INDUSTRIAL ACTIVITY AREA ______:
1. Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised BMPs necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
INDUSTRIAL ACTIVITY AREA ______:
1. Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised BMPs necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
INDUSTRIAL ACTIVITY AREA ______:
1. Brief Description:
2. Are any control measures in need of maintenance or repair? YES NO
3. Have any control measures failed and require replacement? YES NO
4. Are any additional/revised BMPs necessary in this area? YES NO
If YES to any of these three questions, provide a description of the problem: (Any necessary corrective actions should be described on the attached
Corrective Action Form)
NPDES Permit Tracking No.:
D. CORRECTIVE ACTIONS
Complete this page for each specific condition requiring a corrective action or a review determining that no corrective action is needed. Copy this
page for additional corrective actions or reviews.
Include both corrective actions that have been initiated or completed since the last annual report, and future corrective actions needed to address problems
identified in this comprehensive stormwater inspection. Include an update on any outstanding corrective actions that had not been completed at the time of your
previous annual report.
1. Corrective Action #
of
for this reporting period.
2. Is this corrective action:
An update on a corrective action from a previous annual report; or
A new corrective action?
3. Identify the condition(s) triggering the need for this review:
Unauthorized release or discharge
Numeric effluent limitation exceedance
Control measures inadequate to meet applicable water quality standards
Control measures inadequate to meet non-numeric effluent limitations
Control measures not properly operated or maintained
Change in facility operations necessitated change in control measures
Average benchmark value exceedance
Other (describe): ________________________________
4. Briefly describe the nature of the problem identified:
5. Date problem identified:
/ /
6. How problem was identified:
Comprehensive site inspection
Quarterly visual assessment
Routine facility inspection
Benchmark monitoring
Notification by EPA or State or local authorities
Other (describe): ________________________________
7. Description of corrective action(s) taken or to be taken to eliminate or further investigate the problem (e.g., describe modifications or repairs to control
measures, analyses to be conducted, etc.) or if no modifications are needed, basis for that determination:
8. Did/will this corrective action require modification of your SWPPP? YES NO
9. Date corrective action initiated:
/ /
10. Date correction action completed:
/ /
or expected to be
completed:
/ /
11. If corrective action not yet completed, provide the status of corrective action at the time of the comprehensive site inspection and describe any remaining steps
(including timeframes associated with each step) necessary to complete corrective action:
NPDES Permit Tracking No.:
E. ANNUAL REPORT CERTIFICATION
1. Compliance Certification
Do you certify that your annual inspection has met the requirements of Part 4.2 of the permit, and that, based upon the results of this inspection, to the best of
your knowledge, you are in compliance with the permit?
YES NO
If NO, summarize why you are not in compliance with the permit:
2. Annual Report 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.
Authorized Representative
Printed Name:
Title:
Signatur
e:
Date Signed:
General Permit
Appendix J
Calculating Hardness in Receiving Waters for Hardness Dependent Metals
Stormwater Discharges Associated With Industrial Activity – Appendix J J-1
General Permit
Appendix J. Calculating Hardness in Receiving Waters for Hardness Dependent Metals
Overview
EPA adjusted the benchmarks for six hardness-dependent metals (i.e., cadmium, copper, lead,
nickel, silver, and zinc) to further ensure compliance with water quality standards and provide
additional protection for endangered species and their critical habitat. For any sectors required to
conduct benchmark samples for a hardness-dependent metal, EPA includes ‘hardness ranges’
from which benchmark values are determined. To determine which hardness range to use, you
must collect data on the hardness of your receiving water(s). Once the site-specific hardness data
have been collected, the corresponding benchmark value for each metal is determined by
comparing where the hardness data fall within 25 mg/L ranges, as shown in Table 1.
Table 1. Hardness Ranges to Be Used to Determine Benchmark Values for Cadmium,
Copper, Lead, Nickel, Silver, and Zinc.
Benchmark Values (mg/L, total)
All Units
mg/L
Cadmium Copper Lead Nickel Silver Zinc
0-25 mg/L 0.0005 0.0038 0.014 0.15 0.0007 0.04
25-50 mg/L 0.0008 0.0056 0.023 0.20 0.0007 0.05
50-75 mg/L 0.0013 0.0090 0.045 0.32 0.0017 0.08
75-100 mg/L 0.0018 0.0123 0.069 0.42 0.0030 0.11
100-125 mg/L 0.0023 0.0156 0.095 0.52 0.0046 0.13
125-150 mg/L 0.0029 0.0189 0.122 0.61 0.0065 0.16
150-175 mg/L 0.0034 0.0221 0.151 0.71 0.0087 0.18
175-200 mg/L 0.0039 0.0253 0.182 0.80 0.0112 0.20
200-225 mg/L 0.0045 0.0285 0.213 0.89 0.0138 0.23
225-250 mg/L 0.0050 0.0316 0.246 0.98 0.0168 0.25
250+ mg/L 0.0053 0.0332 0.262 1.02 0.0183 0.26
How to Determine Hardness for Hardness-Dependent Parameters.
You may select one of three methods to determine hardness, including; individual grab
sampling, grab sampling by a group of operators which discharge to the same receiving water, or
using third-party data. Regardless of the method used, you are responsible for documenting the
procedures used for determining hardness values. Once the hardness value is established, you
are required to include this information in your first benchmark report submitted to EPA so that
the Agency can make appropriate comparisons between your benchmark monitoring results and
the corresponding benchmark. You must retain all report and monitoring data in accordance
with Part 7.5 of the permit. The three method options for determining hardness are detailed in
the following sections.
(1) Permittee Samples for Receiving Stream Hardness
This method involves collecting samples in the receiving water and submitting these to a
laboratory for analysis. If you elect to sample your receiving water(s) and submit samples for
Stormwater Discharges Associated With Industrial Activity – Appendix J J-2
General Permit
Stormwater Discharges Associated With Industrial Activity – Appendix J J-3
analysis, hardness must be determined from the closest intermittent or perennial stream
downstream of your point of discharge. The sample can be collected during either dry or wet
weather. Collection of the sample during wet weather is more representative of conditions
during stormwater discharges; however, collection of in-stream samples during wet weather
events may be impracticable or present safety issues.
Hardness must be sampled and analyzed using approved methods as described in 40 CFR
Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants).
(2) Group Monitoring for Receiving Stream Hardness
You can be part of a group of permittees discharging to the same receiving waters and
collect samples that are representative of the hardness values for all members of the group. In
this scenario, hardness of the receiving water must be determined using 40 CFR Part 136
procedures and the results shared by group members. To use the same results, hardness
measurements must be taken on a stream reach within a reasonable distance of the discharge
points of each of the group members.
(3) Collection of Third-Party Hardness Data
You can submit receiving stream hardness data collected by a third party provided the
results are collected consistent with the approved 40 CFR Part 136 methods. These data may
come from a local water utility, previously conducted stream reports, TMDLs, peer reviewed
literature, other government publications, or data previously collected by the permittee. Data
should be less than 10 years old.
Water quality data for many of the nation’s surface waters are available on-line or by
contacting EPA or a state environmental agency. EPA’s data system STORET, short for
STOrage and RETrieval, is a repository for receiving water quality, biological, and physical data
and is used by state environmental agencies, EPA and other federal agencies, universities, private
citizens, and many others. Similarly, state environmental agencies and the U.S. Geological
Service (USGS) also have water quality data available that, in some instances, can be accessed
online. “Legacy STORET” codes for hardness include: 259 hardness, carbonate; 260 hardness,
noncarbonated; and 261 calcium + magnesium, while more recent, “Modern STORET” data
codes include: 00900 hardness, 00901 carbonate hardness, and 00902 noncarbonate hardness; or
the discrete measurements of calcium (00915) and magnesium (00925) can be used to calculate
hardness. Hardness data historically has been reported as “carbonate,” “noncarbonate,” or “Ca +
Mg.” If these are unavailable, then individual results for calcium (Ca) and magnesium (Mg) may
be used to calculate hardness using the following equation:
mg/L CaCO
3
= 2.497 (Ca mg/L) + 4.118 (Mg mg/L)
When interpreting the data for carbonate and non-carbonate hardness, note that total hardness is
equivalent to the sum of carbonate and noncarbonate hardness if both forms are reported. If only
carbonate hardness is reported, it is more than likely that noncarbonate hardness is absent and the
total hardness is equivalent to the available carbonate hardness.
General Permit
Appendix K
No Exposure Certification Form
Stormwater Discharges Associated With Industrial Activity – Appendix K K-1
2. Phone:
-
-
–
Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its
stormwater discharges associated with industrial activity in the State identified in Section B under EPA’s Stormwater Multi Sector General Permit
due to the existence of a condition of no exposure.
A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to
prevent exposure to rain, snow, snowmelt, and/or runoff. 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.
A storm resistant shelter is not required for the following industrial materials and activities:
– drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. “Sealed”
means banded or otherwise secured and without operational taps or valves;
– adequately maintained vehicles used in material handling; and
– final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure ex
clusion. In addition, the exclusion from NPDES
permitting is available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to
precipitation, the facility is not eligible for the no exposure exclusion.
By signing and submitting this No
Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility
or site, and is obligated to comply
with the terms and conditions of 40 CFR 122.26(g).
ALL INFORMATION MUST BE PROVIDED ON THIS FORM.
Detailed instructions for completing this form
and obtaining the no exposure exclusion are provided on pages 3 and 4.
A. Facility Operator In
formation
1.
Name:
3. Email:
4. Mailing Address: a. Street
b. City:
B. Facility/Site Location Information
c. State
d. Zip Code:
1. Facility Name:
2. a. Street Address:
b. City: c. County:
d. State:
e. Zip Code:
–
3. Is the facility located on Indian Lands?
4. Is this a Federal facility? YES
°
'
"
° '
"
5. a. Latitude:
b. Longitude:
6. a. Was the facility or site previously covered under an NPDES stormwater permit?
b. If yes, enter NPDES permit number or tracking number:
Secondary
(if applicable):
7. SIC/Activity Codes: Primary:
8. Total size of site associated with industrial activity: acres
9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? YES NO
b. If yes, please indicate approximately how
much area was paved or roofed over. Completing this question does not disqualify
you for the no
exposure exclusion. However, your permitting authority may use this information in considering whether stormwater discharges from your
site
are likely to have an adverse impact on water quality, in which case you could be required to obtain permit coverage.
Less than one acre One to five acres
More than five acres
YES NO
NO
YES NO
NPDES
FORM
3510-11
U
NITED STATES ENVIRONMENTAL PROTECTION AGENCY
W
ASHINGTON, DC 20460
N
O EXPOSURE CERTIFICATION FOR EXCLUSION FROM NPDES STORMWATER
PERMITTING
Form Approved
OMB No. 2040-0211
EPA Form 3510-11 (09-08) Page 1 of 4
C. Exposure Checklist
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
(Please check either “Yes” or “No” in the appropriate box.) If you a
nswer “Yes” to any of these questions
(1) through (11), you are not eligible for the no exposure exclusion. Yes No
1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning
industrial machinery or equipment remain and are exposed to stormwater
2.
Materials or residuals on the ground or in stormwater inlets from spills/leaks
3. Materials or products from past industrial activity
4. Material handling equipment (except adequately maintained vehicles)
5. Materials or products during loading/unloading or transporting activities
6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where
exposure to stormwater does not result in the discharge of pollutants)
7. Materials contained in open, deteriorated or leaking storage dru
ms, barrels, tanks, and similar containers
8. Materials or products handled/stored on roads or railways owned or
maintained by the discharger
9. Waste material (except waste in covered, non leaking containers [e.g., dumpsters])
10. Application or disposal of process wastewater (unless otherwise permitted)
11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated
(i.e., under an air quality control permit) and evident in the stormwater outflow
D. Certif
ication Statement
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of “no exposure” and obtaining
an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the
industrial facility
or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to submit a no exposure certification form once every five ye
ars to the NPDES permitting authority and, if
requested, to the operator of the local municipal separate storm sewer system (MS4) into
which the facility discharges (where applicable). I
understand that I must allow the
NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections
to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that
I must obtain
coverage under an NPDES permit prior to any point source discharge of stormwater from the facility.
Additionally, I certify
under penalty of law that this d
ocument 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.
Print Name:
Print Title:
Signature:
/ /
Date:
Mo
Day Year
Email:
EPA Form 3510-11 (09-08) Page 2 of 4
Instructions for the NO EXPOSURE CERTIFICATION for Exclusion from NPDES Stormwater Permitting
Who May File a No Exposure Certification
Federal law at 40 CFR Part 122.26 prohibits point source
discharges of stormwater associated with industrial activity to waters
of the U.S. without a National Pollutant Discharge Elimination
System (NPDES) permit. However, NPDES permit coverage is not
required for discharges of stormwater associated with industrial
activities identified at 40CFR 122.26(b)(14)(i)-(ix) and (xi) if the
discharger can certify that a condition of “no exposure” exists at the
industrial facility or site.
Stormwater discharges from construction activities identified in
40 CFR 122.26(b)(14)(x) and (b)(15) are not eligible for the no
exposure exclusion.
Obtaining and Maintaining the No Exposure Exclusion
This form is used to certify that a condition of no exposure exists at
the industrial facility or site described herein. This certification is only
applicable in jurisdictions where EPA is the NPDES permitting
authority and must be re-submitted at least once every five years.
The industrial facility operator must maintain a condition of no
exposure at its facility or site in order for the no exposure exclusion
to remain applicable. If conditions change resulting in the exposure
of materials and activities to stormwater, the facility operator must
obtain coverage under an NPDES stormwater permit immediately.
Where to File the No Exposure Certification Form
No Exposure Forms sent regular mail:
SW No Exposure Certification (4203M)
USEPA
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Forms sent overnight/express:
SW No Exposure Certification
US EPA East Building, Rm. 7420
1201 Constitution Avenue, NW
Washington, D.C. 20004
(202) 564-9545
Completing the Form
You must type or print, using uppercase letters, in appropriate areas
only. Enter only one character per space (i.e., between the marks).
Abbreviate if necessary to stay within the number of characters
allowed for each item. Use one space for breaks between words.
One form must be completed for each facility or site for which you
are seeking to certify a condition of no exposure. Additional
guidance on completing this form can be accessed at EPA’s
website: www.epa.gov/npdes/stormwater. Please make sure you
have addressed all applicable questions and have made a
photocopy for your records before sending the completed form to
the above address.
Section A. Facility Operator Information
1. Provide the legal name of the person, firm, public organization, or
any other entity that operates the facility or site described in this
certification. The name of the operator may or may not be the
same as the name of the facility. The operator is the legal entity
that controls the facility’s operation, rather than the plant or site
manager.
2. Provide the telephone number of the facility operator.
3. Provide the email address of the facility operator.
4. Provide the mailing address of the operator (P.O. Box numbers
may be used). Include the city, state, and zip code. All
correspondence will be sent to this address.
Section B. Facility/Site Location Information
1. Enter the official or legal name of the facility or site.
2. Enter the complete street address (if no street address exists,
provide a geographic description [e.g., Intersection of Routes 9
and 55]), city, county, state, and zip code. Do not use a P.O.
Box number.
3. Indicate whether the facility is located on Indian Lands.
4. Indicate whether the industrial facility is operated by a
department or agency of the Federal Government (see also
Section 313 of the Clean Water Act).
5. Enter the latitude and longitude of the approximate center of
the facility or site in degrees/minutes/seconds. Latitude and
longitude can be obtained from United States Geological
Survey (USGS) quadrangle or topographic maps, by calling
1-(888) ASK-USGS, or by accessing the Census Bureau at:
www.census.gov/cgi-bin/gazetteer
Latitude and longitude for a facility in decimal form must be
converted to degrees (°), minutes ('), and seconds (") for proper
entry on the certification form. To convert decimal latitude or
longitude to degrees/minutes/seconds, follow the steps in the
following example.
Example: Convert decimal latitude 45.1234567 to degrees (°),
minutes ('), and seconds (").
a) The numbers to the left of the decimal point are the degrees:
45°.
b) To obtain minutes, multiply the first four numbers to the right
of the decimal point by 0.006: 1234 x 0.006 = 7.404.
c) The numbers to the left of the decimal point in the result
obtained in (b) are the minutes: 7'.
d) To obtain seconds, multiply the remaining three numbers to
the right of the decimal from the result obtained in (b) by
0.06: 404 x 0.06 = 24.24. Since the numbers to the right of
the decimal point are not used, the result is 24".
e) The conversion for 45.1234567 = 45° 7' 24".
6. Indicate whether the facility was previously covered under an
NPDES stormwater permit. If so, include the permit number or
permit tracking number.
7. Enter the 4-digit SIC code which identifies the facility’s primary
activity and second 4-digit SIC code identifying the facility’s
secondary activity, if applicable. SIC codes can be obtained
from the Standard Industrial Classification Manual, 1987.
8. Enter the total size of the site associated with industrial activity
in acres. Acreage may be determined by dividing square
footage by 43,560, as demonstrated in the following example.
Example: Convert 54,450 ft
2
to acres
Divide 54,450 ft
2
by 43,450 square feet per acre:
54, 450 ft
2
) 43,560 ft
2
/acre = 1.25 acres.
9. Check “Yes” or “No” as appropriate to indicate whether you have
paved or roofed over a formerly exposed, pervious area (i.e.,
lawn, meadow, dirt or gravel road/parking lot) in order to qualify
for no exposure. If yes, also indicate approximately how much
area was paved or roofed over and is now impervious area.
EPA Form 3510-11 (09-08) Page 3 of 4
Instructions for the NO EXPOSURE CERTIFICATION for Exclusion from NPDES Stormwater Permitting
Section C. Exposure Checklist
Check “Yes” or “No” as appropriate to describe the exposure
condition at your facility. If you answer “Yes” to ANY of the
questions (1) through (11) in this section, a potential for exposure
exists at your site and you cannot certify to a condition of no
exposure. You must obtain (or already have) coverage under an
NPDES stormwater permit. After obtaining permit coverage, you
can institute modifications to eliminate the potential for a discharge
of stormwater exposed to industrial activity, and then certify to a
condition of no exposure.
Section D. Certification Statement
Federal statutes provide for severe penalties for submitting false
information on this application form. Federal regulations require
this application to be signed as follows:
For a corporation: by a responsible corporate officer, which
means:
(i) 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
(ii) 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;
For a partnership or sole proprietorship: by a general partner
or the proprietor, or
For a municipal, State, Federal, or other public facility: by
either a principal executive or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this certification is estimated to average
1.0 hour per certification, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of
information. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose to provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Send comments regarding the burden estimate, any other aspect
of the collection of information, or suggestions for improving this
form, including any suggestions which may increase or reduce this
burden to: Director, OPPE Regulatory Information Division (2137),
USEPA, 401 M Street, SW, Washington, D.C. 20460. Include the
OMB control number of this form on any correspondence. Do not
send the completed No Exposure Certification form to this address.
EPA Form 3510-11 (09-08) Page 4 of 4
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1063 Multi-Sector General Permit For Stormwater Discharges Associated With Industrial Activity (MSGP)

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Completed 10 July 2020

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